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1
+ <html>
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+ <title> - ORGANIZATIONAL MEETING</title>
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+ <body><pre>
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+ [House Hearing, 117 Congress]
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+ [From the U.S. Government Publishing Office]
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+
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+
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+ ORGANIZATIONAL MEETING
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+
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+ =======================================================================
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+
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+ HEARING
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+
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+ BEFORE THE
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+
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+ COMMITTEE ON SMALL BUSINESS
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+ UNITED STATES
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+ HOUSE OF REPRESENTATIVES
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+
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+ ONE HUNDRED SEVENTEENTH CONGRESS
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+
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+ FIRST SESSION
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+
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+ __________
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+
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+ HEARING HELD
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+
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+ FEBRUARY 4, 2021
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+
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+ __________
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+
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+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+ Small Business Committee Document Number 117-001
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+ Available via the GPO Website: www.govinfo.gov
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+
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+ __________
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+
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+
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+ U.S. GOVERNMENT PUBLISHING OFFICE
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+ 43-320 WASHINGTON : 2021
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+
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+ --------------------------------------------------------------------------------------
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+
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+ HOUSE COMMITTEE ON SMALL BUSINESS
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+
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+
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+ NYDIA VELAZQUEZ, New York, Chairwoman
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+ JARED GOLDEN, Maine
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+ JASON CROW, Colorado
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+ SHARICE DAVIDS, Kansas
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+ KWEISI MFUME, Maryland
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+ DEAN PHILLIPS, Minnesota
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+ MARIE NEWMAN, Illinois
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+ CAROLYN BOURDEAUX, Georgia
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+ JUDY CHU, California
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+ DWIGHT EVANS, Pennsylvania
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+ ANTONIO DELGADO, New York
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+ CHRISSY HOULAHAN, Pennsylvania
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+ ANDY KIM, New Jersey
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+ ANGIE CRAIG, Minnesota
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+ BLAINE LUETKEMEYER, Missouri, Ranking Member
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+ ROGER WILLIAMS, Texas
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+ JIM HAGEDORN, Minnesota
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+ PETE STAUBER, Minnesota
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+ DAN MEUSER, Pennsylvania
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+ ANDREW GARBARINO, New York
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+ YOUNG KIM, California
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+ BETH VAN DUYNE, Texas
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+ BYRON DONALDS, Florida
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+ MARIA SALAZAR, Florida
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+ SCOTT FITZGERALD, Wisconsin
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+
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+ Melissa Jung, Majority Staff Director
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+ Justin Pelletier, Majority Deputy Staff Director and Chief Counsel
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+ David Planning, Staff Director
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+
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+
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+ C O N T E N T S
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+
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+ OPENING STATEMENTS
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+
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+ Page
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+ Hon. Nydia Velazquez............................................. 1
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+ Hon. Blaine Luetkemeyer.......................................... 3
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+
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+ APPENDIX
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+
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+ Additional Material Submitted for the Record:
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+ Rules and Procedures......................................... 8
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+
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+
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+ ORGANIZATIONAL MEETING
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+
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+ ----------
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+
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+
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+ THURSDAY, FEBRUARY 4, 2021
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+
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+ House of Representatives,
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+ Committee on Small Business,
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+ Washington, DC.
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+ The Committee met, pursuant to call, at 9:35 a.m., in room
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+ 2360, Rayburn House Office Building, Hon. Nydia M. Velazquez
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+ [chairwoman of the Committee] presiding.
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+ Present: Representatives Velazquez, Golden, Crow, Davids,
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+ Mfume, Phillips, Newman, Bourdeaux, Chu, Evans, Delgado,
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+ Houlahan, Kim of New Jersey, Craig, Luetkemeyer, Donalds,
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+ Fitzgerald, Garbarino, Hagedorn, Kim of California, Meuser,
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+ Salazar, Stauber, Van Duyne, and Williams.
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+ Chairwoman VELAZQUEZ. Good morning. I call the Small
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+ Business Committee organizational meeting to order.
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+ Without objection, the Chair is authorized to declare a
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+ recess at any time.
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+ I would like to begin by noting some important
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+ requirements. During the covered period as designated by the
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+ Speaker, the committee will operate in accordance with H.R.
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+ 965, which was incorporated into the 117th House rule under
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+ H.R. 8.
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+ Just as we did last Congress, we will follow guidance from
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+ the Rules Committee to respect the rights of all Members to
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+ participate. Standing House and Committee rules and practice
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+ will continue to apply during hybrid proceedings as well.
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+ House regulations require Members to be visible through a
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+ video connection throughout the proceeding. Due to the nature
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+ of a mark-up, it is extremely important that Members follow
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+ this rule to ensure a quorum can be established and that
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+ Members' votes can be recorded by the clerk.
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+ As a reminder, Members can participate in only one
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+ proceeding at a time, so if you have another committee
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+ proceeding or meeting, please sign off and rejoin later.
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+ If a Member wishes to offer an amendment that has not been
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+ prefiled, we will take a brief recess to allow for its
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+ uploading, printing, and distribution, then resume.
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+ We may also recess briefly to address technical issues in
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+ the event a Member or witness cannot be recognized to speak.
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+ Finally, for those Members physically present in the
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+ committee room today, we will also be following the health and
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+ safety guidance issued by the attending physician. That
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+ includes social distancing, and especially the use of masks. I
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+ request Members and staff to wear masks at all times while in
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+ the hearing room, and I thank you in advance for your
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+ commitment to a safe environment for all.
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+ I want to first welcome all returning and new Members to
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+ the Small Business Committee. Before we introduce new Members,
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+ I want to recognize Mr. Blaine Luetkemeyer, who is returning to
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+ the Committee as Ranking Member.
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+ Most everyone on the Committee knows that the former
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+ Ranking Member, Steve Chabot, and I shared a wonderful working
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+ relationship. Over the years, we moved hundreds of bipartisan
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+ bills to make the world a little brighter for small businesses.
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+ While Steve will be sorely missed, I look forward to
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+ working with Blaine and hope that we can continue this
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+ committee's tradition of working together.
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+ As a former small business owner, Ranking Member
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+ Luetkemeyer brings a breadth of firsthand experience to this
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+ committee, and he has been a strong voice in Congress for
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+ programs that benefit small firms.
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+ We all know that small employers are facing challenging
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+ times. The pandemic has disproportionately hurt small
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+ businesses and workers from every corner of our country, and
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+ they fear losing their livelihoods. It is our duty to implement
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+ policies to help them rebuild and reshape our nation's
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+ entrepreneurial landscape.
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+ During the last Congress, we worked together to pass nearly
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+ 40 bipartisan bills through the committee and the House. It is
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+ my hope that, given the membership we have this year and the
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+ defining moment this is for our country, the Small Business
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+ Committee will achieve even more for small firms in the 117th
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+ Congress.
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+ Small businesses deserve our partnership. We have a diverse
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+ committee, and that is our strength, because we will ensure our
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+ work benefits all entrepreneurs no matter their location,
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+ industry, or background. We are their voice in Congress. While
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+ we may not always agree, it is my hope we can have a productive
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+ dialogue and do so in a respectful manner. I look forward to
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+ collaborating with each of you this Congress.
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+ Now let me take this opportunity to introduce the new
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+ Members on my side. There are a few new Democratic Members of
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+ the committee.
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+ Dean Phillips is a small businessman from Minnesota who is
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+ committed to working across the aisle. He drafted the Paycheck
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+ Protection Program Flexibility Act with Representative Chip
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+ Roy, helping thousands of small employers. He will be a true
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+ asset to our committee.
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+ Marie Newman of Illinois brings a breadth of small business
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+ experience as a former owner of a consulting firm. Throughout
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+ her career, she has also been an advocate for national issues,
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+ such as healthcare, LGBTQ, and economic rights. I am confident
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+ she will be a champion and powerful voice for small businesses.
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+ Carolyn Bourdeaux of Georgia was a professor of public
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+ management and policy at the Andrew Young School of Policy
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+ Studies at Georgia State University before joining us in
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+ Congress. During the Great Recession, Carolyn was the director
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+ of the Georgia Senate Budget and Evaluation Office, where she
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+ worked with both parties to balance Georgia's budget and get
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+ the state economy back on track. Her experience coupled with
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+ her commitment to bipartisanship will be instrumental in
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+ helping small businesses recover from the pandemic.
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+ We welcome you--all of you, and we are excited that you
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+ will be serving in this committee.
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+ I would also like to welcome back the Members who served on
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+ the committee in the 116th Congress: Jared Golden from Maine,
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+ Jason Crow from Colorado, Sharice Davids of Kansas, Kweisi
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+ Mfume from Maryland, Judy Chu from California, Dwight Evans of
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+ Pennsylvania, Antonio Delgado from New York, Chrissy Houlahan
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+ of Pennsylvania, Andy Kim from New Jersey, Angie Craig from
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+ Minnesota. We are very fortunate to have all you back on this
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+ committee.
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+ Now I yield to the Ranking Member, Mr. Luetkemeyer, for his
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+ opening statement and to introduce his new members.
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+ Mr. LUETKEMEYER. Thank you, Madam Chairwoman.
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+ I look forward to working with you. You and I have known
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+ each other a long time--about 12 years, I think, in total--ten
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+ on this committee. I stepped off a couple years ago, but we are
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+ back. And, working with you on Financial Services, I think
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+ there are a lot of areas I believe we can find some common
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+ ground. I look forward to that opportunity.
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+ I also want to welcome back the returning Members of the
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+ committee on both sides of the aisle, and welcome all the new
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+ Members.
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+ As we begin this Congress, I want to say that I look
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+ forward to continuing the tradition of bipartisanship that we
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+ fostered on this committee on behalf of the nation's
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+ entrepreneurs and innovators. We always say that small
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+ businesses are an important economic driver for our nation.
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+ Now, we must ensure that the small businesses that are
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+ struggling from the COVID-19 pandemic can keep their doors open
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+ and have the tools and freedom they need to recover.
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+ My focus and concentration will be on policies that allow
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+ small businesses to recover quickly. Additionally, we must
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+ create an environment where small businesses grow and expand.
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+ Access to capital, a smart regulatory environment, and an
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+ appropriate level of taxation are priorities to get that done.
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+ I look forward to lively debate and informative hearings,
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+ and productive markups as we address these very important
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+ topics that will assist the nation's job creators.
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+ First, I want to recognize Republican Members who are
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+ returning to the committee: Jim Hagedorn and Pete Stauber, both
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+ of Minnesota, have made significant contributions to our
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+ committee's consideration of legislation and policy, and their
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+ experience will be invaluable as we contemplate the very
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+ critical issues now facing our nation's small businesses.
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+ Next, I would like to introduce the new Members of the
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+ committee: Representative Roger Williams of Texas, who is not
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+ new to Congress, but new to our committee. He is a small
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+ business owner, former Texas Secretary of State, and former
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+ Major League Baseball player, Atlanta Braves. I am sure you are
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+ going to hear, ``Play ball,'' often this year.
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+ Representative Dan Meuser of Pennsylvania, who is also not
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+ new to Congress, but new to our committee. Before coming to
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+ Congress, he worked for a small healthcare products
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+ manufacturer where he helped create thousands of jobs, and
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+ actually marketed his products around the world.
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+ Representative Andrew Garbarino of New York, a third-
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+ generation small business owner, practicing law with his
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+ father.
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+ Representative Young Kim of California, one of the first
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+ Korean Americans to serve in Congress and a former Member of
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+ the California State Assembly.
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+ Representative Beth Van Duyne of Texas, a former city
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+ council member and mayor, who is used to solving problems that
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+ we are going to be looking at over the next couple of years.
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+ Representative Byron Donalds of Florida, who worked in the
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+ banking, finance, and insurance industries and served in the
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+ Florida House of Representatives.
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+ Representative Maria Salazar of Florida, a five-time Emmy
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+ Award-winning journalist.
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+ And Representative Scott Fitzgerald of Wisconsin, a former
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+ Army officer, newspaper owner, and Wisconsin State Senator.
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+ As this committee considers the many issues related to our
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+ nation's COVID-19 recovery and economy, I know the knowledge
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+ and expertise of all of our new Members will be extremely
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+ helpful.
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+ Madam Chairwoman, I look forward to working with you and
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+ our colleagues in a bipartisan manner to address these issues
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+ impacting the small businesses.
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+ With that, I would like to present you with a letter of
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+ what I think are some great topics to begin the year with,
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+ things that I think are important to our small businesses and
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+ economy and their role in our economy. And it is pretty
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+ lengthy.
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+ I won't go into discussing it, but I think it gives us a
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+ lot of topics to begin to discuss in the hearings, and I think
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+ we are going to need to be able to address a lot of these
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+ issues.
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+ So, with that, I would like to yield the balance of my time
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+ to our Vice Chair, Roger Williams from Texas.
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+ Mr. WILLIAMS. Thank you, Mr. Ranking Member.
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+ I am also honored to serve with the Chairwoman. We also
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+ served on Financial Services and have a long relationship as a
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+ Ranking Member, as a dear friend on this Small Business
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+ Committee.
295
+ In the 117th Congress, this committee has never been more
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+ important with the things that we are going to be going over.
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+ And I will turn my microphone on. After 10 years, I ought to
298
+ know that.
299
+ But this committee will never be--never be more important.
300
+ As someone who has owned a business and still owns a business
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+ for 51 years, there is a lot of challenges out there for us,
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+ and I know that this committee is the lifeblood, along with
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+ small business, of our economy. And Main Street America will
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+ ultimately turn this country around from the devastation we
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+ have seen from COVID-19.
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+ So, Madam Chairwoman, I give you my time back. Thank you.
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+ Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
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+ Colleagues, I look forward to the robust discussions and
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+ debates that I know will transpire over the next 2 years, and
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+ now we will move to the rules package.
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+ With the adoption of today's rules package, I believe we
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+ are making it clear to the small business community that we are
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+ committed to working together and advocating on their behalf.
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+ Pursuant to clause 2(a) of the House rule XI, today's first
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+ order of business is to adopt the committee rules for the 117th
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+ Congress. The adoption of the rule is central to the work we do
317
+ and the tone we set in this body. Perhaps most importantly,
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+ they must ensure that all points of view are considered and
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+ that the minority retains their full rights to be heard.
320
+ In this context, the rules mirror those of the 116th
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+ Congress with some minor conforming and clarifying changes.
322
+ Most notable are the renaming of three of the five
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+ subcommittees and clarifying the Member question order for
324
+ subcommittee hearings.
325
+ Three subcommittee names were modified to reflect the
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+ change in nature of small business policy priorities. They are
327
+ Innovation, Entrepreneurship, and Workforce Development,
328
+ formerly Innovation and Workforce Development; the next
329
+ subcommittee, Underserved, Agricultural, and Rural Business
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+ Development, formerly Rural Development, Agricultural Trade,
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+ and Entrepreneurship; and Oversight, Investigation and
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+ Regulations, formerly Investigations, Oversight, and
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+ Regulations.
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+ The second rule change will clarify Member question order
335
+ for subcommittee hearings.
336
+ During the 116th Congress, many Members of the full
337
+ committee participated in subcommittee hearings when they were
338
+ not members of that subcommittee. While this is permissible
339
+ under the rules, a lack of clarity in the rules for this
340
+ scenario led to confusion with the question order.
341
+ For the 117th Congress, the rules have been amended to
342
+ clearly state that subcommittee Members will be recognized to
343
+ ask questions first before turning to non-subcommittee Members
344
+ with their question order based on full committee seniority.
345
+ This committee needs to run in a cooperative manner. I
346
+ believe the best way to do that is to make sure both sides have
347
+ an equal voice and are treated in a way that is fair. Through
348
+ adoption of these rules, we will continue this practice.
349
+ I would like to thank the staff on both sides for working
350
+ closely on the rules package. At this point, I would like to
351
+ yield to Ranking Member Luetkemeyer for any comments he may
352
+ have on the rules.
353
+ Mr. LUETKEMEYER. Thank you, Madam Chair.
354
+ The committee's rules package before us this morning is a
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+ product of both sides working together. The rules provide
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+ opportunities for the majority and the minority to participate
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+ within all facets of the committee. I thank you for your
358
+ collaboration, and I look forward to working in a bipartisan
359
+ manner on many issues to come.
360
+ I would like to take this time to mention a few of the
361
+ provisions within the rules.
362
+ All subcommittees now have a ratio of six majority Members
363
+ to five minority Members, which allows for appropriate
364
+ representation across the jurisdictional scope of the
365
+ committee. Three subcommittees, as you mentioned earlier, have
366
+ slightly altered names. We appreciate the Chairwoman retaining
367
+ ``agricultural'' in the new Underserved, Agricultural, and
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+ Rural Business Development Subcommittee, as many of our
369
+ members, including the 3rd District of Missouri, have
370
+ agricultural land and family farms.
371
+ The Subcommittee on Innovation and Workforce Development is
372
+ now the Subcommittee on Innovation, Entrepreneurship, and
373
+ Workforce Development. And the Subcommittee on Investigations,
374
+ Oversight, and Regulations is now the Subcommittee on
375
+ Oversight, Investigations, and Regulations.
376
+ But make no mistake. No matter the name of the
377
+ subcommittees, our Members, Republican and Democrat, are
378
+ equally committed to continuing the rigorous oversight for
379
+ which the committee is known.
380
+ Additionally, the new rules now provide, at subcommittee
381
+ hearings, Members of the full committee who are not
382
+ subcommittee Members will have the opportunity to question
383
+ witnesses after the Ranking woman and Ranking Member of both
384
+ the subcommittee and the full committee if they are in
385
+ attendance and all subcommittee Members have inquired. This is
386
+ the way questioning is handled in other House Committees, so it
387
+ make sense that we follow that protocol as well.
388
+ Finally, because of social distancing during the 116th
389
+ Congress, this committee has sometimes been in rooms other than
390
+ 2360 Rayburn, our customary hearing room. Our rules now state
391
+ that, for hearings held by the committee or a subcommittee in
392
+ the committee's hearing room or another assigned hearing room
393
+ in Washington, D.C., a quorum will be deemed present if one
394
+ Member from the majority and one Member from the minority are
395
+ present.
396
+ However, the rules continue to state that the Chair will
397
+ exercise reasonable comity by waiting for the Ranking Member,
398
+ even if a quorum is present, before striking the gavel.
399
+ Again, I thank the Chairwoman for working with me on this
400
+ rules package. They provide for a smooth operation of the
401
+ committee, and I urge my colleagues to support it.
402
+ I yield back the balance of my time.
403
+ Chairwoman VELAZQUEZ. The gentleman yields back.
404
+ Are there any Members that wish to be recognized on the
405
+ rules?
406
+ The committee now moves to consideration of the rules
407
+ package. The clerk will read the title of the document.
408
+ The CLERK. Rules and Procedures Adopted by the Committee on
409
+ Small Business.
410
+ Chairwoman VELAZQUEZ. I ask unanimous consent that the
411
+ rules package be considered as read and open for amendment in
412
+ its entirety.
413
+ Does any Member seek recognition for the purposes of
414
+ offering an amendment?
415
+ Seeing no amendments, the question is on adopting the
416
+ rules.
417
+ All those in favor, say aye.
418
+ All those opposed, say no.
419
+ In the opinion of the Chair, the ayes have it, and the
420
+ proposed rules are adopted, and staff is authorized to make
421
+ technical and grammatical changes.
422
+ Pursuant to House rules, the rules adopted by the Committee
423
+ on Small Business for the 117th Congress will be published in
424
+ the Congressional Record and made available to Members and the
425
+ public on the committee's website.
426
+ Now we will approve our Subcommittee Chairs and Ranking
427
+ Members. The full committee Vice Chair will be Mr. Kweisi Mfume
428
+ from Maryland.
429
+ Mr. Jared Golden will be the Chair of the Subcommittee on
430
+ Underserved, Agricultural, and Rural Business Development.
431
+ Mr. Jason Crow will be the Chair on the Subcommittee on
432
+ Innovation, Entrepreneurship, and Workforce Development.
433
+ Ms. Sharice Davids will be the Chair of the Subcommittee on
434
+ Economic Growth, Tax, and Capital Access.
435
+ Mr. Kweisi Mfume will be the Chair of the Subcommittee on
436
+ Contracting and Infrastructure.
437
+ Mr. Dean Phillips will be the Chair of the Subcommittee on
438
+ Oversight, Investigations, and Regulations.
439
+ I now yield to the Ranking Member, Mr. Luetkemeyer, for any
440
+ remarks that he may have to introduce the subcommittee Ranking
441
+ Members.
442
+ Mr. LUETKEMEYER. Thank you, Madam Chair.
443
+ I am pleased to introduce the Republican Ranking Members
444
+ for the 117th Congress.
445
+ First, I want to recognize Roger Williams of Texas, who has
446
+ agreed to serve as Vice Ranking Member of the full Committee.
447
+ Next is Jim Hagedorn of Minnesota, who will serve as a
448
+ Ranking Member for the Subcommittee on Underserved,
449
+ Agricultural, and Rural Business Development.
450
+ Ranking Member for the Subcommittee on Innovation,
451
+ Entrepreneurship, and Workforce Development will be Young Kim
452
+ of California.
453
+ Ranking Member for the Subcommittee on Economic Growth,
454
+ Tax, and Capital Access will be Dan Meuser of Pennsylvania.
455
+ Beth Van Duyne of Texas will be the Ranking Member for the
456
+ Subcommittee on Oversight, Investigations, and Regulations.
457
+ And Maria Salazar of Florida will serve as Ranking Member
458
+ for the Subcommittee on Contracting and Infrastructure.
459
+ I believe the experience of all these talented Members will
460
+ be invaluable as we consider the important issues facing our
461
+ nation's small businesses.
462
+ And, Madam Chair, with that, I yield back.
463
+ Chairwoman VELAZQUEZ. The gentleman yields back.
464
+ I move that the list of subcommittee Chairs and Ranking
465
+ Members and Vice Chair as set forth in the roster be approved.
466
+ All those in favor, say aye.
467
+ Those opposed, say no.
468
+ In the opinion of the Chair, the ayes have it, and the
469
+ Chairs and Ranking Members are appointed.
470
+ This concludes the order of business for today's meeting.
471
+ Does any Member seek recognition for debate before we conclude?
472
+ If not, without objection, this meeting of the Committee on
473
+ Small Business stands adjourned, and the Committee will stand
474
+ in recess for a few moments to prepare for a Committee hearing.
475
+ [Whereupon, at 9:55 a.m., the Committee was adjourned.]
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+
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+ A P P E N D I X
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+
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+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
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+
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+ [all]
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+ </pre></body></html>
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+ <html>
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+ <title> - [H.A.S.C. No. 117-1] ORGANIZATIONAL MEETING FOR THE 117TH CONGRESS</title>
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+ <body><pre>
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+ [House Hearing, 117 Congress]
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+ [From the U.S. Government Publishing Office]
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+
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+
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+
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+
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+ [H.A.S.C. No. 117-1]
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+
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+ ORGANIZATIONAL MEETING FOR THE 117TH CONGRESS
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+
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+ __________
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+
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+ COMMITTEE ON ARMED SERVICES
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+
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+ HOUSE OF REPRESENTATIVES
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+
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+ ONE HUNDRED SEVENTEENTH CONGRESS
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+
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+ FIRST SESSION
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+
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+ __________
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+
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+ MEETING HELD
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+
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+ FEBRUARY 3, 2021
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+
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+
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+
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+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+
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+
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+
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+
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+ ______
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+
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+ U.S. GOVERNMENT PUBLISHING OFFICE
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+ 43-614 WASHINGTON : 2021
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+
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+
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+
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+
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+
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+ COMMITTEE ON ARMED SERVICES
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+ One Hundred Seventeenth Congress
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+
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+ ADAM SMITH, Washington, Chairman
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+
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+ JAMES R. LANGEVIN, Rhode Island MIKE ROGERS, Alabama
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+ RICK LARSEN, Washington JOE WILSON, South Carolina
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+ JIM COOPER, Tennessee MICHAEL R. TURNER, Ohio
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+ JOE COURTNEY, Connecticut DOUG LAMBORN, Colorado
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+ JOHN GARAMENDI, California ROBERT J. WITTMAN, Virginia
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+ JACKIE SPEIER, California VICKY HARTZLER, Missouri
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+ DONALD NORCROSS, New Jersey AUSTIN SCOTT, Georgia
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+ RUBEN GALLEGO, Arizona MO BROOKS, Alabama
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+ SETH MOULTON, Massachusetts SAM GRAVES, Missouri
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+ SALUD O. CARBAJAL, California ELISE M. STEFANIK, New York
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+ ANTHONY G. BROWN, Maryland, SCOTT DesJARLAIS, Tennessee
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+ RO KHANNA, California TRENT KELLY, Mississippi
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+ WILLIAM R. KEATING, Massachusetts MIKE GALLAGHER, Wisconsin
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+ FILEMON VELA, Texas MATT GAETZ, Florida
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+ ANDY KIM, New Jersey DON BACON, Nebraska
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+ CHRISSY HOULAHAN, Pennsylvania JIM BANKS, Indiana
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+ JASON CROW, Colorado LIZ CHENEY, Wyoming
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+ ELISSA SLOTKIN, Michigan JACK BERGMAN, Michigan
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+ MIKIE SHERRILL, New Jersey MICHAEL WALTZ, Florida
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+ VERONICA ESCOBAR, Texas MIKE JOHNSON, Louisiana
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+ JARED F. GOLDEN, Maine MARK E. GREEN, Tennessee
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+ ELAINE G. LURIA, Virginia, Vice STEPHANIE I. BICE, Oklahoma
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+ Chair C. SCOTT FRANKLIN, Florida
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+ JOSEPH D. MORELLE, New York LISA C. McCLAIN, Michigan
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+ SARA JACOBS, California RONNY JACKSON, Texas
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+ KAIALI'I KAHELE, Hawaii JERRY L. CARL, Alabama
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+ MARILYN STRICKLAND, Washington BLAKE D. MOORE, Utah
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+ MARC A. VEASEY, Texas PAT FALLON, Texas
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+ JIMMY PANETTA, California
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+ STEPHANIE N. MURPHY, Florida
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+ Vacancy
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+
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+ Paul Arcangeli, Staff Director
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+ Zach Steacy, Director, Legislative Operations
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+ ORGANIZATIONAL MEETING FOR THE 117TH CONGRESS
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+
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+ ----------
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+
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+ House of Representatives,
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+ Committee on Armed Services,
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+ Washington, DC, Wednesday, February 3, 2021.
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+ The committee met, pursuant to call, at 11:00 a.m., in room
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+ 2118, Rayburn House Office Building, Hon. Adam Smith (chairman
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+ of the committee) presiding.
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+
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+ OPENING STATEMENT OF HON. ADAM SMITH, A REPRESENTATIVE FROM
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+ WASHINGTON, CHAIRMAN, COMMITTEE ON ARMED SERVICES
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+
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+ The Chairman. Call the meeting to order.
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+ Members in the committee room anyway will take their seats,
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+ and we will go ahead and get started.
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+ Well, thank you all for joining us for the organizational
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+ meeting of the--I forgot the number--the next Congress in any
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+ rate.
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+ We do have some members who are joining us remotely, as you
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+ can see. I now have to read the instructions for how to
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+ remotely participate. One of the key points, as we have already
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+ learned this morning, is make sure you are muted, unless you
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+ are officially speaking, something we are all learning.
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+ So members who are joining remotely must be visible on
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+ screen for the purposes of establishing and maintaining a
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+ quorum, seeking recognition, participating in the proceeding,
115
+ and voting. Those members must continue to use the software
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+ platform's video function while in attendance, unless they
117
+ experience connectivity issues or other technical problems that
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+ render them unable to participate on camera.
119
+ If a member experiences technical difficulties, they should
120
+ contact the committee staff for assistance.
121
+ Video of members' participation will be broadcast in the
122
+ room and via the television internet feed. Members
123
+ participating remotely must unmute their microphones and seek
124
+ recognition verbally, and they are asked to mute their
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+ microphones when they are not speaking.
126
+ Members who are participating remotely are reminded to keep
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+ the software platform's video function on the entire time they
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+ attend the proceeding. Members may leave and rejoin the
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+ proceeding. If members depart for a short while for reasons
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+ other than joining a different proceeding, they should leave
131
+ the video function on. If members will be absent for a
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+ significant period of time, or depart to join a different
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+ proceeding, they may remain logged on to the software platform
134
+ but must turn off the audio and visual functions if and until
135
+ they return.
136
+ Members may use the software platform's chat feature to
137
+ communicate with staff regarding technical or logistical
138
+ support issues only.
139
+ Finally, I have designated a committee staff member to, if
140
+ necessary, mute unrecognized members' microphones to cancel any
141
+ inadvertent background noise that may disrupt the proceedings.
142
+ All right. So that is the intro on remote participation.
143
+ And now we are here to launch the House Armed Services
144
+ Committee for this session of Congress, and I am very pleased
145
+ to do that. I look forward to coming back and working together
146
+ with both returning members and the new members that we have to
147
+ the committee.
148
+ Before I get into the new members, I just really want to
149
+ thank the staff and the members who have participated over the
150
+ course of the last 2 years. You know, it is hard to say
151
+ exactly, but in the 24 years I have been here, I would wager
152
+ that they were 2 of the more difficult years for this committee
153
+ in terms of getting our work done in difficult circumstances.
154
+ And at the end of the day, in ever more creative fashion,
155
+ we got it done, and I think we can all be very, very proud of
156
+ that. The two pieces of legislation that we have passed the
157
+ last 2 years have some incredibly important, substantive
158
+ legislation attached to them.
159
+ No, Mike, I am not just talking about the Space Force. But
160
+ certainly that was one. And there were a lot of other things
161
+ that we were able to do in that legislation that I think is
162
+ incredibly important.
163
+ But outside of the substance, the mere fact that in a
164
+ bipartisan way a committee in the United States Congress was
165
+ able to go through regular order and pass two defense bills
166
+ through committee, through markup, through votes in this
167
+ committee, on the floor, in the Senate, go into conference and
168
+ get that done almost qualifies as a miracle in this particular
169
+ setting. And I think it is incredibly important that we did
170
+ that and I think it is equally important that we continue to do
171
+ it.
172
+ I believe passionately in representative democracy. I think
173
+ it works. I think it is the best system of government going,
174
+ has been for a long time, and will continue to be. And to the
175
+ extent that we show people that it can work, that reinforces
176
+ that message and makes sure that we deliver for the American
177
+ people, deliver them the democracy that they have every right
178
+ to expect.
179
+ So I am pleased we were able to do that. Again, I want to
180
+ thank the members and the staff. And, hell, I will even thank
181
+ the Senate. I think they did a very good job as well. So
182
+ enjoyed working with them and glad we were able to get that
183
+ done and look forward to moving forward into the new year.
184
+ With that, we have new members of the committee, which I
185
+ will introduce, and I will attempt to get the details here to
186
+ the extent that my glasses do not fog up while I am doing it.
187
+ On our side, if I am counting correctly, I think we have--
188
+ we have seven new members. As you will see near the end here,
189
+ we have some who are new, but they have been here before. So
190
+ they are returning.
191
+ But for now, let me start with Joe Morelle, who is a new
192
+ member to the committee, not a new Member of Congress. He
193
+ represents New York's 25th District, which includes the
194
+ University of Rochester's Laboratory for Laser Energetics. He
195
+ is the son of a Korean War veteran. And he joins the committee
196
+ having previously served as the majority leader of the New York
197
+ State Assembly.
198
+ Welcome, Joe.
199
+ I should point out, obviously, given the remote setting,
200
+ some of these members we are introducing are not physically
201
+ here. They are on the screen. So we can just wave at the screen
202
+ and welcome them up there and thank them for joining us.
203
+ Next we have Sara Jacobs, who I believe is here.
204
+ Welcome.
205
+ She is representing California's 53rd District, replacing
206
+ Susan Davis, who we all know well, who served on this committee
207
+ for 22 years, quite ably. Her district includes much of San
208
+ Diego County, which, as we know, has numerous Navy
209
+ installations, from Coronado to Naval Base San Diego, as well
210
+ as Marine Corps Air Station Miramar just outside of the
211
+ district. And prior to Congress, Ms. Jacobs served in the
212
+ Bureau of Conflict and Stabilization Operations at the U.S.
213
+ Department of State. Very qualified.
214
+ And welcome to Congress and welcome to the committee.
215
+ Our third new member is Kai Kahele, who represents Hawaii's
216
+ Second Congressional District, which covers all the Hawaiian
217
+ Islands, a lot of ground to cover. On Oahu, the Second
218
+ Congressional District covers the regions outside of urban
219
+ Honolulu and its immediate suburbs.
220
+ Congressman Kahele is a combat veteran pilot and
221
+ commissioned officer in the Hawaii Air National Guard. Always
222
+ good to have that experience.
223
+ Welcome to the committee.
224
+ He, too, is participating remotely. So glad to have
225
+ Congressman Kahele joining us.
226
+ Next we have Marilyn Strickland, who is from my home State
227
+ of Washington. Once upon a time I lived in the city of Tacoma
228
+ when she was the mayor of the city of Tacoma. So Marilyn and I
229
+ have worked together for a long time. I welcome her to
230
+ Congress.
231
+ She represents the 10th District, which includes Joint Base
232
+ Lewis-McChord. Also, again, I used to represent them. So after
233
+ redistricting 10 years ago, that moved into this district that
234
+ Marilyn is now representing. And that is the largest single-
235
+ point employer in our State, with a yearly impact of $8
236
+ billion.
237
+ Marilyn is the daughter of a World War II and Korean War
238
+ veteran. We welcome her to the committee as well.
239
+ Now we have some returning members.
240
+ Marc Veasey, who represents Texas' 33rd District, known
241
+ very, very well to us, served on the committee for a couple of
242
+ years before leaving to serve on other committees and is now
243
+ back. So we are very happy to have that experience and to
244
+ represent that part of Texas, which obviously has a huge
245
+ defense industry in it.
246
+ Welcome back to Marc Veasey.
247
+ Jimmy Panetta is also coming back to us, having served on
248
+ the committee previously. He represents California's 20th
249
+ District, which includes a lot of national security assets,
250
+ four parent installations--Fort Hunter Liggett, Naval
251
+ Postgraduate School, Presidio of Monterey--and five Army
252
+ National Guard bases.
253
+ And if you haven't had a chance to get out to see the Navy
254
+ Postgraduate School, it is, number one, an incredibly beautiful
255
+ part of the country to go visit, but, number two, they are
256
+ doing really cool stuff out there.
257
+ And in 2007 he volunteered for Active Duty and was deployed
258
+ to Afghanistan and was awarded the Bronze Star for meritorious
259
+ service in combat.
260
+ Welcome back, Jimmy. Happy to have you on the committee.
261
+ And lastly on our side we have Stephanie Murphy. She also
262
+ has previously served on the committee, is coming back. She
263
+ represents Florida's Seventh District, which includes Naval
264
+ Support Activity Orlando. She has worked in the Office of the
265
+ Under Secretary of Defense for Policy and was a member of this
266
+ committee from 2017 to 2018.
267
+ A terrific and experienced bunch that we have both coming
268
+ back and joining us anew. So welcome to all the new Democratic
269
+ Members of Congress. Happy to have you on board and look
270
+ forward to working with you.
271
+ And with that, I will yield to the ranking member, Mr.
272
+ Rogers, for his opening statement.
273
+
274
+ STATEMENT OF HON. MIKE ROGERS, A REPRESENTATIVE FROM ALABAMA,
275
+ RANKING MEMBER, COMMITTEE ON ARMED SERVICES
276
+
277
+ Mr. Rogers. Thank you, Mr. Chairman.
278
+ And really it is an honor to be able to lead the
279
+ Republicans on this committee, and I know that we are going to
280
+ continue to work in a bipartisan fashion, like we have in the
281
+ past, delivering an authorization each of the last 60 years.
282
+ And in that vein I want to thank Chairman Smith and his
283
+ staff for working with us on committee assignments,
284
+ subcommittee assignments, and adjusting the ratio so our
285
+ members could get where they wanted to be, and I appreciate
286
+ that accommodation.
287
+ This Congress must continue to address threats posed by a
288
+ rising China and a belligerent Russia. Like many of our
289
+ members, I see China's concerted push for global domination as
290
+ a threat to all free nations. America must engage with our
291
+ allies and partners to defend ourselves from this growing
292
+ threat.
293
+ But that engagement must be backed by a credible and a
294
+ modern military. This means addressing gaps in our readiness
295
+ and fielding next-generation capabilities faster than ever
296
+ before.
297
+ Thankfully, we have some new talent on the way to help us
298
+ with this endeavor, and, fortunately, again this cycle the
299
+ Armed Services Committee was one of the most sought after
300
+ committees on the Republican Conference side, and we have nine
301
+ new members with a range of interests and experience.
302
+ First we have Mike Johnson, who represents the Fourth
303
+ District of Louisiana. His district is home to Barksdale Air
304
+ Force Base and Polk Joint Readiness Training Center.
305
+ Next we have Mark Green of Tennessee. He represents their
306
+ Seventh District. He served 24 years in the Army, between the
307
+ Academy and as a physician on Active Duty in the Army and Army
308
+ Reserve.
309
+ Stephanie Bice represents the Fifth District of Oklahoma,
310
+ which is home to thousands of Oklahomans who serve with Tinker
311
+ Air Force Base.
312
+ Scott Franklin represents the 15th District of Florida. He
313
+ has served 26 years as a naval aviator, 14 on Active Duty and
314
+ 12 in the Naval Reserve.
315
+ Lisa McClain represents Michigan's 10th District, home to
316
+ Selfridge Air National Guard Base. She joins us after a very
317
+ successful business career.
318
+ Ronny Jackson represents the 13th District of Texas. He had
319
+ a 25-year career in the Navy and led the White House Medical
320
+ Unit as physician to President Obama and President Trump.
321
+ Jerry Carl, a former county commissioner who represents
322
+ Alabama's First District, home of our Nation's critical
323
+ shipyard infrastructure.
324
+ And Blake Moore, who represents Utah's First District, had
325
+ a distinguished career in the Foreign Service before coming to
326
+ Congress. And he cares very much about Hill Air Force Base.
327
+ Pat Fallon represents the Fourth District of Texas. Again,
328
+ we have two members from Texas because they do have an
329
+ incredible defense presence there, 15 Active Duty
330
+ installations. He served as an officer in the Air Force before
331
+ becoming a successful businessman.
332
+ And I welcome each of these new members and look forward to
333
+ working with them.
334
+ And with that, Mr. Chairman, I yield back.
335
+ The Chairman. Thank you very much.
336
+ And actually I was remiss in my opening remarks on
337
+ congratulating our new ranking member. Obviously not new to the
338
+ committee. We have worked together for many, many years.
339
+ And it is great to have you in that seat. Look forward to
340
+ continuing our bipartisan tradition.
341
+ So now we have some business to conduct to get the
342
+ committee set up, and I call up Committee Resolution No. 1,
343
+ regarding the committee rules for the 117th Congress. And the
344
+ clerk shall read the resolution.
345
+ Ms. Quinn. Committee resolution No. 1. Resolved, That the
346
+ Committee on Armed Services, U.S. House of Representatives,
347
+ adopt the committee rules for the 117th Congress, which are
348
+ stated in the copy distributed to each Member.
349
+ The Chairman. The proposed committee rules have been
350
+ developed jointly with Ranking Member Rogers and made available
351
+ to members' offices on Friday, January 29th. Following
352
+ consultation with Mr. Rogers, I ask unanimous consent that the
353
+ resolution be considered as read and that the resolution be
354
+ open to amendment at any point.
355
+ Is there objection?
356
+ Without objection, it is so ordered.
357
+ And at this time is there any discussion or are there any
358
+ questions concerning the committee rules?
359
+ If there is no discussion, are there any amendments to the
360
+ committee rules?
361
+ Hearing none, the chair now recognizes the gentleman from
362
+ Washington, Mr. Larsen, for the purpose of offering a motion
363
+ regarding Committee Resolution No. 1, the committee rules.
364
+ Mr. Larsen. Mr. Chair, I move to adopt Committee Resolution
365
+ No. 1, concerning the committee rules.
366
+ The Chairman. The question now occurs on the motion of the
367
+ gentleman from Washington, Mr. Larsen.
368
+ So many as are in favor will say aye.
369
+ Opposed?
370
+ A quorum being present, the ayes have it and the motion is
371
+ adopted. And, without objection, a motion to reconsider is laid
372
+ upon the table.
373
+
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+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+
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+ The next order of business is Committee Resolution No.
379
+ 2, regarding the committee's security procedures for the 117th
380
+ Congress. I call up Committee Resolution No. 2. The clerk shall
381
+ read the resolution.
382
+ Ms. Quinn. Committee Resolution No. 2. Resolved, That the
383
+ Committee on Armed Services, U.S. House of Representatives,
384
+ adopt the committee security procedures for the 117th Congress,
385
+ a copy of which has been distributed to each member.
386
+ The Chairman. The security procedures were coordinated with
387
+ Mr. Rogers and were made available to members' offices on
388
+ Friday, January 29th. Following consultation with Mr. Rogers, I
389
+ ask unanimous consent that the resolution be considered as read
390
+ and that the resolution be open to amendment at any point.
391
+ Is there objection?
392
+ Without objection, it is so ordered.
393
+
394
+
395
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
396
+
397
+ .epsAnd at this time there is any discussion? Are there any
398
+ questions concerning the security procedures?
399
+ There is no discussion.
400
+ Are there any amendments to the security procedures?
401
+ Hearing no amendments, the chair now recognizes the
402
+ gentleman from Rhode Island, Mr. Langevin, for the purposes of
403
+ offering a motion regarding Committee Resolution No. 2, the
404
+ security procedures of the 117th Congress.
405
+ Mr. Langevin.
406
+ Mr. Langevin. Mr. Chairman, I move to adopt Committee
407
+ Resolution No. 2, the security procedures for the 117th
408
+ Congress.
409
+ The Chairman. The question now occurs on the motion of the
410
+ gentleman from Rhode Island, Mr. Langevin.
411
+ So many as are in favor will say aye.
412
+ As opposed, say no.
413
+ A quorum being presented, the ayes have it and the
414
+ resolution is adopted. Without objection, a motion to
415
+ reconsider is laid upon the table, which brings us to the final
416
+ order of business.
417
+ I call up Committee Resolution No. 3, appointing committee
418
+ staff for the 117th Congress. The clerk shall read the
419
+ resolution.
420
+ Ms. Quinn. Committee Resolution No. 3. Resolved, That the
421
+ persons listed on the sheet distributed to the Members and such
422
+ other personnel as may be required by the committee within the
423
+ limits and terms authorized under the rules of the House of
424
+ Representatives are hereby appointed to the staff of the
425
+ Committee on Armed Services, U.S. House of Representatives, for
426
+ the 117th Congress, it being understood that according to the
427
+ provisions of law, the Chairman will fix the basic salary per
428
+ annum.
429
+ The Chairman. Thank you.
430
+ As many of you know, our committee is unique in that the
431
+ committee staff is a combined staff. What that means basically
432
+ is most--every other committee you divide up Democrats,
433
+ Republicans, go your separate ways. Here our staff works for
434
+ everybody, and I hope members will recognize that and take
435
+ advantage of that. Every single member of the staff that we
436
+ have is open to every member of this committee, and they have
437
+ incredibly valuable experience that will help us do our job.
438
+ So please take advantage of that. Build those relationships
439
+ with the staff. They have a lot of knowledge to share. They are
440
+ a very talented group of professionals.
441
+ A copy of the committee staff in the 117th Congress was
442
+ prepared in consultation with the minority and made available
443
+ to members' offices on Friday, January 29th.
444
+ Following conversations--or consultation--with Mr. Rogers,
445
+ I ask unanimous consent that the resolution be considered as
446
+ read.
447
+ Is there objection?
448
+ Without objection, it is so ordered.
449
+
450
+
451
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
452
+
453
+ .epsAnd at this time is there any discussion or are there
454
+ any questions regarding the committee staff?
455
+ Hearing none, the chair now recognizes the gentleman from
456
+ Rhode Island, Mr. Langevin, for the purposes of offering a
457
+ motion regarding Committee Resolution No. 3, appointing the
458
+ committee staff for the 117th Congress.
459
+ Mr. Langevin.
460
+ Mr. Langevin. Mr. Chairman, I move to adopt Committee
461
+ Resolution No. 3, regarding committee staffing for the 117th
462
+ Congress.
463
+ The Chairman. The question now occurs on the motion of the
464
+ gentleman from Rhode Island, Mr. Langevin.
465
+ So many as in favor will say aye.
466
+ Those opposed, no.
467
+ A quorum being present, the ayes have it and the motion is
468
+ adopted. Without objection, a motion to reconsider is laid upon
469
+ the table.
470
+ Without objection, committee staff is authorized to make
471
+ technical and conforming changes to reflect the action of the
472
+ committee in adopting Committee Resolutions 1 through 3.
473
+ Before we adjourn, let me raise an administrative matter.
474
+ As chairman I plan--oh, yes. Okay. Yeah, this is the issue
475
+ surrounding our committee hearings. There is a 5-minute rule,
476
+ as you are all aware. We try to get to absolutely every member.
477
+ We this year have 59 members of this committee. We have a lot
478
+ of hearings, and there is a 5-minute rule for every member.
479
+ You can do the math on that one and figure out how long it
480
+ would take to do a committee hearing if all 59 members took all
481
+ 5 minutes. We don't always get to everybody. But we try to make
482
+ sure that the members of this committee, regardless if they are
483
+ senior or junior, have an opportunity.
484
+ So in doing that, when have you 5 minutes, you have 5
485
+ minutes. There used to be the old trick of, you know, making
486
+ your question last 4 minutes and 50 seconds and then letting
487
+ the guy take 5 or 10 minutes to answer it. We don't do that.
488
+ When the 5 minutes is up, the 5 minutes is up. And the reason
489
+ we do that is not to be mean to the member asking the question.
490
+ It is to try to respect all members of the committee.
491
+ It is my honest and heartfelt opinion that every single
492
+ member of this committee is equally important, whether you just
493
+ got here or whether you have been here for 24 years. So we want
494
+ to try to be as inclusive as possible and get everybody's
495
+ perspectives and views as best as we can. So that is what we
496
+ will try to do.
497
+ That is all I have. Let me recognize Mr. Rogers for any
498
+ closing comments he wishes to add to the discussion.
499
+ Mr. Rogers. I have nothing other than to say it is just an
500
+ honor to be here. And this committee does have a bipartisan
501
+ history that we value and we want to see continue and we will
502
+ be working in that vein and look forward to it.
503
+ The Chairman. Absolutely. I think it is a great note to end
504
+ on.
505
+ So no further business, the committee stands adjourned
506
+ subject to the call of the chair. Thank you very much.
507
+ [Whereupon, at 11:21 a.m., the committee was adjourned.]
508
+
509
+ <all>
510
+ </pre></body></html>
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1
+ <html>
2
+ <title> - WOMEN LEADING THE WAY: THE DEMOCRATIC MOVEMENT IN BELARUS</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+ WOMEN LEADING THE WAY: THE DEMOCRATIC
9
+ MOVEMENT IN BELARUS
10
+
11
+ =======================================================================
12
+
13
+ HEARING
14
+
15
+ BEFORE THE
16
+
17
+ SUBCOMMITTEE ON EUROPE, ENERGY, THE ENVIRONMENT AND CYBER
18
+
19
+ OF THE
20
+
21
+ COMMITTEE ON FOREIGN AFFAIRS
22
+ HOUSE OF REPRESENTATIVES
23
+
24
+ ONE HUNDRED SEVENTEENTH CONGRESS
25
+
26
+ FIRST SESSION
27
+
28
+ __________
29
+
30
+ March 17, 2021
31
+
32
+ __________
33
+
34
+ Serial No. 117-9
35
+
36
+ __________
37
+
38
+ Printed for the use of the Committee on Foreign Affairs
39
+
40
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
41
+
42
+ Available: http://www.foreignaffairs.house.gov/, http://
43
+ docs.house.gov,
44
+ or http://www.govinfo.gov
45
+
46
+ __________
47
+
48
+ U.S. GOVERNMENT PUBLISHING OFFICE
49
+ 45-701 PDF WASHINGTON : 2021
50
+
51
+ -----------------------------------------------------------------------------------
52
+
53
+
54
+
55
+ COMMITTEE ON FOREIGN AFFAIRS
56
+
57
+ GREGORY W. MEEKS, New York, Chairman
58
+
59
+ BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking
60
+ ALBIO SIRES, New Jersey Member
61
+ GERALD E. CONNOLLY, Virginia CHRISTOPHER H. SMITH, New Jersey
62
+ THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio
63
+ KAREN BASS, California SCOTT PERRY, Pennsylvania
64
+ WILLIAM KEATING, Massachusetts DARRELL ISSA, California
65
+ DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois
66
+ AMI BERA, California LEE ZELDIN, New York
67
+ JOAQUIN CASTRO, Texas ANN WAGNER, Missouri
68
+ DINA TITUS, Nevada BRIAN MAST, Florida
69
+ TED LIEU, California BRIAN FITZPATRICK, Pennsylvania
70
+ SUSAN WILD, Pennsylvania KEN BUCK, Colorado
71
+ DEAN PHILLIPS, Minnesota TIM BURCHETT, Tennessee
72
+ ILHAN OMAR, Minnesota MARK GREEN, Tennessee
73
+ COLIN ALLRED, Texas ANDY BARR, Kentucky
74
+ ANDY LEVIN, Michigan GREG STEUBE, Florida
75
+ ABIGAIL SPANBERGER, Virginia DAN MEUSER, Pennsylvania
76
+ CHRISSY HOULAHAN, Pennsylvania AUGUST PFLUGER, Texas
77
+ TOM MALINOWSKI, New Jersey PETER MEIJER, Michigan
78
+ ANDY KIM, New Jersey NICOLE MALLIOTAKIS, New York
79
+ SARA JACOBS, California RONNY JACKSON, Texas
80
+ KATHY MANNING, North Carolina YOUNG KIM, California
81
+ JIM COSTA, California MARIA ELVIRA SALAZAR, Florida
82
+ JUAN VARGAS, California JOE WILSON, South Carolina
83
+ VICENTE GONZALEZ, Texas RON WRIGHT, Texas
84
+ BRAD SCHNEIDER, Illinois
85
+
86
+ Jason Steinbaum, Staff Director
87
+ Brendan Shields, Republican Staff Director
88
+
89
+ ------
90
+
91
+ Subcommittee on Europe, Energy,the Environment and Cyber
92
+
93
+ WILLIAM R. KEATING, Massachusetts, Chairman
94
+
95
+ SUSAN WILD, Pennsylvania BRIAN FITZPATRICK,
96
+ ABIGAIL SPANBERGER, Virginia Pennsylvania,Ranking Member
97
+ ALBIO SIRES, New Jersey ANN WAGNER, Missouri
98
+ THEODORE DEUTCH, Florida ADAM KINZINGER, Illinois,
99
+ DAVID CICILLINE, Rhode Island BRIAN MAST, Florida
100
+ DINA TITUS, Nevada DAN MEUSER, Pennsylvania
101
+ DEAN PHILLIPS, Minnesota AUGUST PFLUGER, Texas
102
+ JIM COSTA, California NICOLE MALLIOTAKIS, New York
103
+ VICENTE GONZALEZ, Texas PETER MEIJER, Michigan
104
+ BRAD SCHNEIDER, Illinois
105
+
106
+ Leah Nodvin, Staff Director
107
+
108
+ C O N T E N T S
109
+
110
+ ----------
111
+ Page
112
+
113
+ PHOTOS SUBMITTED FOR THE RECORD
114
+
115
+ Photos submitted for the record from Mr. Smith................... 7
116
+
117
+ WITNESSES
118
+
119
+ Tsikhanouskaya, Sviatiana, Belarusian Human Rights Activist and
120
+ Politician..................................................... 23
121
+
122
+ INFORMATION REFERRED
123
+
124
+ Information referred to from Mr. Fitzpatrick..................... 33
125
+
126
+ APPENDIX
127
+
128
+ Hearing Notice................................................... 47
129
+ Hearing Minutes.................................................. 48
130
+ Hearing Attendance............................................... 49
131
+
132
+ RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD
133
+
134
+ Responses to questions submitted for the record.................. 50
135
+
136
+
137
+ WOMEN LEADING THE WAY: THE DEMOCRATIC MOVEMENT IN BELARUS
138
+
139
+ Wednesday, March 17, 2021
140
+
141
+ House of Representatives,
142
+ Subcommittee on Europe, Energy, the
143
+ Environment and Cyber,
144
+ Committee on Foreign Affairs,
145
+ Washington, DC,
146
+
147
+ The subcommittee met, pursuant to notice, at 9:32 a.m., via
148
+ Webex, Hon. William R. Keating (chairman of the subcommittee)
149
+ presiding.
150
+ Mr. Keating [presiding]. The House Foreign Affairs
151
+ subcommittee will come to order.
152
+ And without objection, the chair is authorized to declare a
153
+ recess of the committee at any point. And all members will have
154
+ 5 days to submit , extraneous material, and questions for the
155
+ record, subject to the length limitations in the rules. To
156
+ insert something into the record, please have your staff email
157
+ to the previously mentioned address or contact full committee
158
+ staff.
159
+ Please keep your video function on at all times, even when
160
+ you are not recognized by the chair. Members are responsible
161
+ for muting and unmuting themselves. Please remember to mute
162
+ yourself after you finish speaking.
163
+ Consistent with House Resolution 965 and the accompanying
164
+ regulations, staff will only mute members and witnesses, as
165
+ appropriate, when they are not under recognition, to eliminate
166
+ background noise.
167
+ I see that we have a quorum present. I will now recognize
168
+ myself for an opening statement.
169
+ Pursuant to notice, we are holding a hearing today entitled
170
+ ``Women Leading the Way: The Democratic Movement in Belarus''.
171
+ I will begin my statement. In the days leading up to August
172
+ 2020 and the Presidential election that day in Belarus, one
173
+ after another, the Presidential candidates who opposed
174
+ Alexander Lukashenko were jailed or forced out of the country.
175
+ The election then took place without international observers
176
+ under the control of State-owned media and in an atmosphere of
177
+ fear and intimidation.
178
+ On the actual election day, Sviatiana Tsikhanouskaya
179
+ stepped in for her husband, Siarhei Tikhanouski, a typical
180
+ activist and blogger who was jailed just a few weeks before.
181
+ During the election process, independent sources found that
182
+ Sviatiana Tsikhanouskaya received more votes than the incumbent
183
+ Lukashenko, and when the election results came in, it was clear
184
+ to Belarusians and the international community at large that
185
+ the election had taken place in fraudulent conditions and that
186
+ Lukashenko could not claim victory. Yet, Lukashenko claimed
187
+ himself to be President, underestimating the will of the
188
+ Belarusian people and the strength of Sviatiana Tsikhanouskaya.
189
+ After 26 years of dictatorial rule, the Belarusian people
190
+ had had enough. They gathered in the streets en masse,
191
+ peacefully demonstrated against the Lukashenko regime and for
192
+ their right to a new, free, and fair election. They organized
193
+ themselves through new means of technology, sharing information
194
+ over applications like Telegram.
195
+ And what is so striking for many of us in the U.S. was that
196
+ they were led by a coalition of women who called for solidarity
197
+ with Sviatiana Tsikhanouskaya. Unfortunately, these peaceful
198
+ demonstrations were met with State-sponsored violence that was
199
+ organized and mandated by the highest levels of government.
200
+ Security forces began to beat and detain hundreds of peaceful
201
+ demonstrators, crack down on independent journalists, and
202
+ intimidate opposition leaders.
203
+ The Lukashenko regime took Sviatiana Tsikhanouskaya into a
204
+ government building, directly threatened her and her family,
205
+ and thus, forced her into exile in Lithuania. Later, activists
206
+ like Maria Kalesnikava were kidnapped and attempts were made to
207
+ force them out of the country as well. And finally, journalists
208
+ like Katsiaryna Andreyeva and Darya Chultsova were arrested and
209
+ jailed for simply filming peaceful demonstrations.
210
+ Authorities have arbitrarily detained and physically,
211
+ sexually, and emotionally assaulted tens of thousands of
212
+ peaceful protestors, journalists, and civil society members.
213
+ Today, hundreds remain in detention, and many have recounted
214
+ experiencing torture, sexual violence and rape, beatings, and
215
+ other ill treatment. At least eight protestors have been
216
+ killed.
217
+ And today, the Belarusian people mark 221 days or
218
+ resistance against brutal authoritarian oppression. It has been
219
+ over 7 months in a fight to establish a rule of law and achieve
220
+ a democratic future for their country.
221
+ We in Congress must stand with the people of Belarus as
222
+ they push for democracy. We must recognize the sacrifices made
223
+ daily by peaceful protestors who take to the streets, knowing
224
+ full well that they will face harassment, intimidation,
225
+ unlawful detention, or worse. And we must salute the courage of
226
+ the women of Belarus who in a highly patriarchal society have
227
+ shown strength, determination, and leadership, standing at the
228
+ center of organizations like Coordination Council, in an
229
+ attempt to establish a dialog with the Lukashenko regime and
230
+ initiate new, free, and fair elections.
231
+ Our expert witness today knows all too well the challenges
232
+ posed by autocratic regimes who benefit from corruption and
233
+ whose close friends and allies only support repressive tactics.
234
+ Yet, the continuous fight for democracy around the world is
235
+ real and can take different forms. We have watched some
236
+ countries, such as those in Central Europe, who have fallen
237
+ into the trap that is democratic backsliding and illiberalism.
238
+ We have watched as authoritarian States have used the pandemic
239
+ to gather even greater control over their citizens, such as the
240
+ recent arrest of almost 200 opposition leaders in Moscow. And
241
+ we here in Washington have had to confront the fragile nature
242
+ of our own democracy, as just months ago, violent, armed
243
+ insurrectionists stormed the U.S. Capitol in an attempt to halt
244
+ the democratic process for a free and fair election.
245
+ In times marked by challenges to democracy at home and
246
+ abroad, one democracy must lend its hand to another. Helping
247
+ democratic allies across borders and oceans can ensure that
248
+ societies seeking to establish democratic, often in the face of
249
+ anti-democratic threats, can prevail. A network of support, and
250
+ the ability to communicate with that network, is a necessary
251
+ component to democratic strength. That is why we, the
252
+ transatlantic community and the U.S. Congress, must stand in
253
+ unity and support the democratic movement in Belarus and all
254
+ those who fight to establish or protect their democracy abroad.
255
+ That is why last September I held a hearing before this
256
+ subcommittee on the democratic awakening of governments. That
257
+ hearing included firsthand accounts of images of violence
258
+ inflicted upon the Belarusian people by security forces, with
259
+ introduced resolutions condemning the human rights abuses by
260
+ Lukashenko and praising the bravery of the Belarusian citizens.
261
+ We have also passed the revised version of the Belarus
262
+ Democracy, Human Rights, and Sovereignty Act, authored by
263
+ Representative Chris Smith, which expanded the robust set of
264
+ sanctions and authorities related to Belarus at the President's
265
+ disposal.
266
+ Yet, while we have taken these steps forward, it is the
267
+ peaceful protestors on the ground in Belarus and the Belarusian
268
+ diaspora around the world from Vilnius to Cape Cod that
269
+ continues to drive movements and democracy forward and to keep
270
+ this fight for democracy in Belarus alive.
271
+ With that being said, I am pleased to welcome the woman who
272
+ has become the leader of the democratic movement in Belarus,
273
+ Sviatiana Tsikhanouskaya, as our expert witness today. She did
274
+ not plan to run for President. However, as she has said, she
275
+ has shown up for her people because her people showed up for
276
+ her. Her steadfast courage, dedication, and tenacity is
277
+ remarkable, and I look forward to our discussion.
278
+ I now turn to the ranking member for his remarks, Mr.
279
+ Fitzpatrick.
280
+ Mr. Fitzpatrick. Good morning, and thank you, Chairman
281
+ Keating.
282
+ Today, we gather to recognize the bravery of our witness,
283
+ Sviatiana Tsikhanouskaya, and her inspiring campaign to promote
284
+ democratic aspirations in the people of Belarus. You and
285
+ historic peaceful protestors have stand down overwhelming odds
286
+ and lit a fire to a renewed democratic spirit in Belarus. And
287
+ this movement is now shining a light on the authoritarian
288
+ shadow that has covered the citizens of Belarus during
289
+ Alexander Lukashenko's rule.
290
+ I would also like to acknowledge the Coordination Council,
291
+ its members, and all the Belarusian citizens engaging in the
292
+ noble pursuit of a free and democratic society. And it is worth
293
+ noting, as we recognize International Women's Month, that
294
+ exceptionally brave and daring women are leading this
295
+ democratic revolution in Belarus.
296
+ Mrs. Sviatiana Tsikhanouskaya and thousands of women like
297
+ her have proven to their country and the rest of the world that
298
+ the future is in their able hands. These freedom fighters are
299
+ not seeking unreasonable terms. They seek legal process. They
300
+ seek freedom of expression and information, and they seek
301
+ freedom from the harassment of an oppressive state. And they
302
+ seek freedom to chart their own future.
303
+ Following the August 9th election, the people of Belarus
304
+ wanted their voices heard in response to the dictatorial
305
+ actions of Lukashenko. In response to these citizens' peaceful
306
+ protests, Lukashenko's security forces responded with excessive
307
+ force, the use of chemical riot dispersion methods and
308
+ measures, and detained citizens completely without cause.
309
+ Plainclothes police officers have engaged in increasingly
310
+ aggressive and brutal crackdowns of those who are peacefully
311
+ protesting the election results and its resulting movement.
312
+ International monitors estimate that more than 32,000
313
+ Belarusians have been temporarily detained and imprisoned, and
314
+ nearly 300 political prisoners remain behind bars as of this
315
+ hearing this morning. According to a report by the European
316
+ Parliament last year, at least 10 demonstrators have been
317
+ killed by government forces or died while in custody under
318
+ suspicious circumstances.
319
+ The harrowing account of our witness describes the
320
+ situation of jailed protestors that, quote, ``have been rounded
321
+ up and housed like cattle in tiny, overcrowded jail cells
322
+ without access to water, sanitization, or any normal sleeping
323
+ positions,'' going on to say that, ``torture is now
324
+ commonplace.''
325
+ Lukashenko has smothered free speech in Belarus and
326
+ manipulated the media to suppress the surge in his opposition
327
+ and conceal the tactics of his oppression. Russian
328
+ propagandists were flown in to work for State-run TV in
329
+ Belarus. Meanwhile, independent journalists have faced
330
+ intimidation and imprisonment. Local critics of the regime face
331
+ trumped-up charges and are imprisoned for speaking truth to
332
+ power.
333
+ And as the illegitimate regime in Belarus continues to
334
+ normalize a litany of human rights violations, the calls for
335
+ Mr. Lukashenko to step down and recognize a new, free, and fair
336
+ system of elections is gaining momentum worldwide. A group in
337
+ my home State of Pennsylvania even organized a rally in
338
+ Pittsburgh in a snow-covered day this year to raise awareness
339
+ of the plight of their loved ones. And as such, the United
340
+ States, in coordination with its European allies and partners,
341
+ must be vigilant and robust in our support for Belarus and
342
+ their civil society and those who are persecuted by the
343
+ Lukashenko regime.
344
+ In line with the Belarus Democracy, Human Rights, and
345
+ Sovereignty Act of 2020, which I cosponsored, we must continue
346
+ to demand the end of Lukashenko's violence and the release of
347
+ all those wrongfully detained, and continue harsh sanctions for
348
+ those complicit in these human rights violations. The
349
+ illegitimate Lukashenko regime must, once and for all, step
350
+ down and allow for free and fair elections to be held. The
351
+ people of Belarus are demanding the right to chart their own
352
+ future, and their voices deserve to be heard.
353
+ I yield back.
354
+ Mr. Keating. I would like to thank the ranking member.
355
+ And without objection, I would like to recognize
356
+ Representative Smith, who is the author of the Belarus
357
+ Democracy Act, for a brief statement.
358
+ Mr. Smith. Mr. Chairman, thank you so very much for
359
+ inviting me to be and allowing to be part of your panel, and to
360
+ Brian Fitzpatrick, as well as to you, for the great work that
361
+ you gentlemen are doing and this subcommittee. Your resolution
362
+ that is pending, I think, will, again, reiterate the
363
+ bipartisan, bicameral support of Congress behind Tsikhanouskaya
364
+ and the rest of the human rights activists and defenders in
365
+ Belarus.
366
+ The leadership that you have shown and that the people of
367
+ Belarus have shown, despite incredible odds, despite the fact
368
+ that the bullies are out there beating, arresting, torturing,
369
+ and even killing the best and the bravest and the brightest of
370
+ Belarus.
371
+ The picture, Mr. Chairman, that you have painted, as well
372
+ as the ranking member, is both bleak and hopeful--bleak because
373
+ Lukashenko is still in charge, but hopeful because the people
374
+ of Belarus have you to champion their dreams, and that goes for
375
+ this leadership led by women who are in exile, some of whom are
376
+ in exile; others, sadly, are in prison.
377
+ My work on Belarus goes back to really the 1990's. And in
378
+ 2004, I authored the Belarus Democracy Act, which really has
379
+ become the template for Magnitsky holding men and women in the
380
+ Lukashenko regime, both in terms of visa denial and making them
381
+ unable to participate in any kind of economic relationship with
382
+ the U.S. and U.S. banks. I did it again in 2006, 2011, and as
383
+ you pointed out, the 2020 Act, which reiterates and expands and
384
+ puts an emphasis on sovereignty, because we know that the
385
+ Russians are eying Belarus in a way that is reminiscent of what
386
+ they did with the Crimea and other parts of the Ukraine.
387
+ Again, according to the representative of the OSCE, the
388
+ Belarusian authorities have filed at least 141 politically
389
+ motivated cases again women. Forty-nine are currently in
390
+ detention or under house arrest. Another 75 are suspects in
391
+ politically motivated criminal cases, and thousands of other
392
+ women have fled Belarus in fear for their safety. Despite all
393
+ of this, the image of Belarusian women in white has become
394
+ iconic, representing the hopes of all Belarusians for a better
395
+ future.
396
+ Again, thank you for this timely hearing. And again, it
397
+ gives us all an opportunity to say we are in solidarity with
398
+ these incredibly brave women and men.
399
+ Thank you, Mr. Chairman, and I yield back.
400
+ Mr. Keating. Thank you, Representative Smith, and thank you
401
+ for your longstanding work on this important issue.
402
+ Mr. Smith. Thank you.
403
+ Mr. Keating. I will now introduce our witness. Ms.
404
+ Sviatiana Tsikhanouskaya is a central leader of the democratic
405
+ movement in Belarus and a human rights activist who challenged
406
+ Alexander Lukashenko at the 2020 Presidential election. This
407
+ Belarusian election was fraught with widespread fraud and
408
+ followed by unjustifiable violence.
409
+ In the months following, Sviatiana Tsikhanouskaya has been
410
+ a symbol leader of the Belarusian protests and has contributed
411
+ greatly to promoting and organizing positive change in Belarus,
412
+ both through her domestic and international engagement.
413
+ The Europe Parliament recognized the fight of Belarusian
414
+ people for democracy and freedom, led by Sviatiana
415
+ Tsikhanouskaya, by awarding her, among other leaders, the
416
+ prestigious annual Sakharov Prize. She has also received a
417
+ series of international awards for her courageous struggle
418
+ against the authoritarian regime of Lukashenko.
419
+ I will now recognize, and State my pleasure at joining us,
420
+ Ms. Tsikhanouskaya, for 5 minutes. And without objection, your
421
+ prepared written statement will be made a part of the record.
422
+ Ms. Tsikhanouskaya, you are now recognized for your opening
423
+ statement.
424
+
425
+ STATEMENT OF SVIATIANA TSIKHANOUSKAYA, BELARUSIAN HUMAN RIGHTS
426
+ ACTIVIST AND POLITICIAN
427
+
428
+ Ms. Tsikhanouskaya. Good morning, everyone.
429
+ Chairman Keating, Ranking Member Fitzpatrick, Honorable
430
+ Representative Smith, and distinguished members of the
431
+ subcommittee, first of all, I would like to extend my Saint
432
+ Patrick's Day greetings to all of you. Mr. Keating, as you may
433
+ know from me, Ireland has had a very special place in my heart.
434
+ Mr. Smith, thank you for being here with us today. We
435
+ deeply appreciate your tremendous support for Belarus
436
+ throughout decades, including all four Belarus democracy acts
437
+ that you introduced and helped enact.
438
+ Mr. Chairman, I would like to submit pictures for the
439
+ record.
440
+ Mr. Keating. Without objection, we can display those
441
+ pictures as you begin your testimony.
442
+ [The information referred to follows:]
443
+
444
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
445
+
446
+ Ms. Tsikhanouskaya. Thank you.
447
+ So, I am deeply grateful for the great honor of addressing
448
+ you on behalf of the Belarusian people. I am here to give voice
449
+ to the thousands of Belarusians who face injustice,
450
+ intimidation, and brutality, and who still continue to protest
451
+ daily.
452
+ It has been more than 7 months since Belarus has begun the
453
+ united peaceful protest movement, which was met with
454
+ unprecedented violence from the authorities. Over 32,000 people
455
+ have been detained. More than 2,500 criminal cases have been
456
+ initiated. Over 1,000 cases of torture have been documented by
457
+ human rights NGO's. And there are 290 political prisoners at
458
+ the moment. At least eight protestors were killed.
459
+ Not a single government official has been held accountable
460
+ for the brutality, repression, torture, and murder. Amidst the
461
+ injustice, the brave women of Belarus became a symbol of hope
462
+ and resilience for our country.
463
+ Seventy-three-year-old Nina Baginskaya has been protesting
464
+ against the regime since the 1990's, despite the detentions by
465
+ police and raids on her house.
466
+ Miss Belarus 2008, Volha Khizhinkova, and basketball star
467
+ Yelena Leuchanka spent 42 days and 15 days, respectively, in
468
+ detention in unsanitary and humiliating conditions for
469
+ peacefully protesting.
470
+ Women wearing white dresses and carrying flowers formed the
471
+ first human chains a shield for male protestors. Their desire
472
+ to protect was stronger than their fear of being detained and
473
+ tortured. Yet, they could not protect everyone.
474
+ On 10th August, Alexander Taraikovsky fell, the first
475
+ victim of police brutality. He was shot point-blank by a police
476
+ squad in Minsk.
477
+ Two female journalists, Darya Chultsova and Katsiaryna
478
+ Andreyeva, were sentenced to 2 years in prison for doing their
479
+ job, livestreaming a vigil for the peaceful protestor Raman
480
+ Bandarenka, who was murdered by the regime cronies in his own
481
+ backyard for protecting our national symbols.
482
+ With those stories, it was straight that we are dealing
483
+ with a human rights crisis of unprecedented proportions for
484
+ Belarus that keeps worsening day by day. But the people still
485
+ persist.
486
+ Our workers united in strike committees. Our doctors and
487
+ professors stood up for their colleagues who were fired for
488
+ their political views. Our professional athletes raised
489
+ awareness all over the world. Principled police officers and
490
+ investigators resigned. Neighborhood communities have become
491
+ the place for a grassroots movement.
492
+ Yet, all of this is not enough. Lukashenko still has the
493
+ resources to retain power. So, the United States should insist
494
+ on stopping the violence, releasing the political prisoners,
495
+ restoring the rule of law, and launching a genuine dialog
496
+ between the legitimate representatives of Belarus and the
497
+ regime.
498
+ At the same time, it is not words, but actions that matter.
499
+ We call on the U.S. to enforce sanctions against State-owned
500
+ enterprises, the judiciary, and oligarchs. Sanctions are one of
501
+ the most effective measures. We call on the U.S. to use its
502
+ diplomacy to isolate Lukashenko by curbing international
503
+ agreements and commerce between the Lukashenko regime and other
504
+ countries. We call on the U.S. to help with international
505
+ mediation through the OSCE.
506
+ We call on the U.S. Congress to consider increasing the
507
+ support for the pressing needs of Belarusians. People of
508
+ Belarus require support, especially the civil society, the
509
+ human rights defenders, the independent media, and the
510
+ businesses. All of them have been repressed by the regime.
511
+ As the European Union has drafted a comprehensive plan to
512
+ support Belarus during the transition and after free and fair
513
+ elections, we call on the U.S. Congress to join this work in
514
+ order to start developing a joint Marshall Plan for Belarus.
515
+ I am bound by the view of the majority of Belarusians to
516
+ make this happen, and I call on the United States of America to
517
+ join me on this mission. My nation is facing a humanitarian
518
+ crisis. People are suffering and dying right now. Belarusians
519
+ need you as never before.
520
+ Thank you.
521
+ [The prepared statement of Ms. Tsikhanouskaya follows:]
522
+
523
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
524
+
525
+ Mr. Keating. Thank you very much for that very moving and
526
+ very important testimony.
527
+ I will now recognize members for 5 minutes each. And
528
+ pursuant to House rules, all time yielded is for the purpose of
529
+ questioning our witnesses.
530
+ Because of the virtual format of the hearing, I will
531
+ recognize members by committee seniority, alternating between
532
+ Democrats and Republicans. And if you miss your turn, please
533
+ our staff know and we will circle back to you. If you seek
534
+ recognition, you must unmute your microphones and address the
535
+ chair verbally.
536
+ I would just ask, is Representative Sires still with us? I
537
+ know he had to leave. I was going to yield my time to him.
538
+ Evidently, he has had to leave. So, I will start by recognizing
539
+ myself.
540
+ The role of women in the movement for a democratic and free
541
+ Belarus is really the theme of what we are talking about in
542
+ terms of the democratic movement that is there. And this is
543
+ unique in that respect, and it is effective and it is
544
+ important. And it has really captured the attention of the
545
+ world.
546
+ And I would just like to ask you, what specifically you
547
+ have seen as the role of women in spearheading this effort for
548
+ free and democratic elections and a democracy in Belarus? What
549
+ can you tell us in more detail about that specific role of
550
+ women?
551
+ Ms. Tsikhanouskaya. Actually, the women played a huge role
552
+ in this revolution. And first of all, the fact that three women
553
+ led this pre-election campaign in spite of all other
554
+ prohibitions for women to fight. We three women, we are put in
555
+ this position instead of our men, and it was really the
556
+ regime's mistake that they underestimated women of Belarus.
557
+ Our ex-President always told that our constitution is not
558
+ for women, that women will never be able to lead the country,
559
+ but we managed because women, especially Belarusian women, are
560
+ really strong. And when our women were put in such
561
+ circumstances, when they had to show how strong they are, they
562
+ showed the most bravery that the whole world was inspired of.
563
+ And after 3 days of hell the regime made in Belarus after
564
+ the election date, and thousands of men had been detained and
565
+ tortured in jails, our women had to stand in front of our men,
566
+ just hide the men behind them to protect them. So, our
567
+ wonderful, peaceful women showed to the whole world that we are
568
+ brave and we manage everything, only because we want a better
569
+ future for our children, and we ready to defend not only our
570
+ children, but our men as well.
571
+ Mr. Keating. I think this effort has changed the dynamics,
572
+ gender dynamics, in the country as well. It goes far beyond
573
+ this movement itself.
574
+ Now you recently released a liberation plan of yours. Can
575
+ you highlight the most important aspects of that and how the
576
+ U.S. can be useful in seeing that plan come to life?
577
+ Ms. Tsikhanouskaya. I think that the women of this
578
+ revolution after the election, and before the election, we
579
+ thought that we need new elections because the previous
580
+ election was falsified, and just to step out of this political
581
+ and humanitarian crisis in Belarus, we need new elections. But
582
+ we need these new elections through peaceful dialog with the
583
+ regime.
584
+ But we see that the regime does not respond to our calls
585
+ for negotiations. And that is why we are systematically,
586
+ continuously putting pressure on the regime and his cronies.
587
+ Inside the country, these are protesting movements,
588
+ demonstratives, different initiatives. People are not giving
589
+ up. And despite of this tremendous level of violence from the
590
+ regime, people are continuing to fight.
591
+ But, of course, we need international support as well. We
592
+ need international pressure because democratic countries cannot
593
+ close their eyes on what is going on in Belarus and they have
594
+ to stand for the values of the democratic countries, for human
595
+ rights, for dignity. And it is the institution in Belarus, it
596
+ is a challenge not only for Belarusians, it is a challenge for
597
+ European countries, for the USA, for Canada, just to prove that
598
+ the values are not just words; that they want, that they have
599
+ to stand for these.
600
+ And we are a wonderful country, and we are on our own path
601
+ for democracy. So, we call on you, stand with us in this
602
+ difficult time and do your best for one more nation, proud
603
+ nation, to become a democratic country.
604
+ Mr. Keating. Well, thank you. And I also want to thank you
605
+ for meeting with Ambassador Julie Fisher. I spoke with her just
606
+ the other day, and we are looking forward to her being
607
+ recognized, too, by Belarus.
608
+ I now yield to our ranking member, Mr. Fitzpatrick, for his
609
+ questions.
610
+ Mr. Fitzpatrick. Thank you, Mr. Chairman. Mr. Chairman, I
611
+ would like to begin by asking you, sir, to please enter into
612
+ the record a letter from the Free Belarus Coalition for
613
+ Bipartisan and Bicameral Support requesting $30 million for
614
+ Fiscal Year 2022, funding to support Belarus' civil society and
615
+ the organic democratic movement.
616
+ Mr. Keating. Without objection, that will be, per our
617
+ instructions in the beginning, put in the record. Thank you.
618
+ [The information referred to follows:]
619
+
620
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
621
+
622
+ Mr. Fitzpatrick. Thank you, Mr. Chairman.
623
+ And this is aligned with the bipartisan 2020 Belarus
624
+ Democracy Act, which calls for increased foreign assistance.
625
+ Ms. Tsikhanouskaya, thank you so much for being here with
626
+ us today. We greatly admire and respect your courage more than
627
+ you know. You are a beacon of courage, not just for us on this
628
+ committee, but for the Congress and for the world.
629
+ So, ma'am, if you could just state for the record, in
630
+ furtherance of this request for $30 million, how will the
631
+ Belarus assistance be best served by those who are pro-civil
632
+ society and are pro-democratic initiatives?
633
+ Ms. Tsikhanouskaya. So, first of all, I have to say that
634
+ your help is very extremely essential in our case, but I have
635
+ to admit that we need rapid help because people are suffering
636
+ now in this very moment in jails and on the ground.
637
+ And so, through those, democracy can progress, can
638
+ increase, and appropriate more funding for two organizations
639
+ working in Belarus. For example, just through traditional and
640
+ emerging civil society, like traditional, we need to help to
641
+ NGO's like defend activists now, to media and to activities,
642
+ and to emerging civil society like Telegram channels, YouTube
643
+ bloggers, athletes, doctors. And you also can increase budgets
644
+ for Belarus of American organizations, such as USAID, for
645
+ example.
646
+ But, again, I have to repeat that this is urgent help. You
647
+ know, just to keep civil society resistance, we need to have
648
+ them now.
649
+ Mr. Fitzpatrick. Thank you, Sviatiana.
650
+ And to all my colleagues on the committee, I urge strong
651
+ bipartisan support for this funding request.
652
+ Mr. Chairman, I yield back.
653
+ Mr. Keating. I would like to thank the ranking member.
654
+ And the chair now recognizes the vice chair of the
655
+ committee, Ms. Spanberger.
656
+ Ms. Spanberger. Thank you very much.
657
+ And thank you for being with us here today, Ms.
658
+ Tsikhanouskaya. You have demonstrated immense bravery and
659
+ selflessness over the past year and a true commitment to the
660
+ people and the future of Belarus. Thank you. And I know that
661
+ those standing up for democratic principles and human rights
662
+ around the world appreciate your tremendous work and,
663
+ certainly, your willingness to be a witness here today.
664
+ After your husband's candidacy for the election in August
665
+ was denied, you took on the role and ran against Lukashenko.
666
+ How has your own vision of your future and leadership evolved
667
+ since August? And frankly, did you ever see yourself taking on
668
+ such a prominent role?
669
+ Ms. Tsikhanouskaya. Thank you. You know, I became in this
670
+ action and campaign a symbol of resistance, a symbol of unity.
671
+ But, as a matter of fact, life put me in such circumstances
672
+ that I had to take this responsibility and become a leader of
673
+ this revolution. And I know that the Belarusian people know who
674
+ they voted for, and I feel huge support from the Belarusian
675
+ people.
676
+ It is a rather difficult way. You know, I was put in
677
+ difficult circumstances. I feel huge pressure from propaganda.
678
+ And I know that all the Belarusian people are feeling
679
+ tremendous pressure on the ground. But knowing that I am doing
680
+ this for the future of the Belarusian people, for my children,
681
+ for all those who are suffering in jails now, I have to find
682
+ strength every day of this fight, and I am finding this
683
+ strength in the Belarusian people. I know that they are
684
+ fighting and that they are not giving up. So, I have no right
685
+ to give up as well.
686
+ It is difficult, but I am a woman, and a woman is
687
+ everything.
688
+ [Laughter.]
689
+ Ms. Spanberger. Isn't that so true?
690
+ Well, I am curious, then, how has your forced exile
691
+ affected your ability to interact with the democratic movement
692
+ back home in Belarus? And how has it impacted your ability to
693
+ communicate and advocate, and certainly lead, this continued
694
+ movement?
695
+ Ms. Tsikhanouskaya. You know, it was the usual regime's
696
+ practice to make the people flee from the country for them to
697
+ stop struggling. And the same happened to me. I was sent out of
698
+ the country and I was supposed to stop, but I could not. I
699
+ could not betray the Belarusian people.
700
+ And, you know, the propaganda always say, ``Oh, she lost
701
+ this connection with Belarus. She is an exile. She does not
702
+ understand everything.'' But it is not true. And thanks to the
703
+ internet, every day I have some conferences and some meetings
704
+ with all the groups in Belarus. I have meetings with doctors,
705
+ with students, workers, striking committees, neighborhoods.
706
+ Every day I have to tell people, I have to look into their
707
+ eyes, I have to inspire them, and they inspire me back. So, for
708
+ sure, I am not losing this connection. I feel like I am there
709
+ on the ground through this connection.
710
+ But, of course, knowing that I will be jailed as soon as I
711
+ pass the border, I am sure that here, even in exile, I can do
712
+ much, much more for the Belarusian people, for the sake of my
713
+ country. So, I have to stay here and struggle to bear that with
714
+ the Belarusian people.
715
+ Ms. Spanberger. Well, I want to thank you so much for
716
+ bringing your answers to this committee, certainly your
717
+ experiences. Thank you for your continued work on behalf of the
718
+ Belarusian people and on behalf of democratic ideals and
719
+ values. It is amazing to see leaders like you who are fighting
720
+ for the rights of the people they should be representing and
721
+ that they want to stand up for. So, thank you again for coming
722
+ before this committee. Thank you for telling us, as a
723
+ committee, what we could be doing to support. And I think you
724
+ have heard so far that you have many American Members of
725
+ Congress who are paying close attention to your ongoing
726
+ struggles and the struggles of your people. So, thank you very
727
+ much.
728
+ And, Mr. Chairman, I yield back.
729
+ Mr. Keating. The chair thanks the vice chairman.
730
+ It is my understanding that Representative Wagner has
731
+ yielded her time to Representative Smith. So, the chair calls
732
+ on Representative Smith for his questions.
733
+ Mr. Smith. Thank you very much, and, Ann, thank you very
734
+ much.
735
+ Mr. Chairman, thank you again for this important hearing,
736
+ so we can reassert, recalibrate, and do even more to help the
737
+ democratic opposition in Belarus. And Sviatiana certainly
738
+ epitomizes grace under pressure, courage under pressure, and we
739
+ are all inspired, I think, beyond words to do more to assist.
740
+ You, in your recent appeal to the United Nations, you and
741
+ the United States, Sviatiana, asked that political prisoners
742
+ and trying to support political prisoners, that we sanction
743
+ prison chiefs, judges, prosecutors, prison guards. And I am
744
+ wondering, is it your sense that we are doing enough to try to
745
+ impose those sanctions? Obviously, getting the names of those
746
+ individuals is extremely important, and the more we have that,
747
+ the more we can try to hold them to account.
748
+ You have also noted the gross mistreatment of the female
749
+ prisoners, including threatening to take their children away,
750
+ humiliation of all kinds, beatings, all kinds of assault,
751
+ humiliation. If you could perhaps elaborate on some of that,
752
+ because it is outrageous.
753
+ I have met with Lukashenko twice. He is a bully. We all
754
+ know that. I think he is an egomaniac. We all know that.
755
+ But, for those who are behind bars, we have to got to find
756
+ the most effective strategies to intervene, and to do it
757
+ immediately. In this, bottom line, do you think we are all
758
+ doing enough, the European Union, the United States, the U.N.?
759
+ And be blunt. You know, everyone means well. We all mean well.
760
+ This is totally bipartisan. And again, the chairman I think is
761
+ doing a great job. His resolution will, again, give us an
762
+ opportunity to speak out with one voice when that comes up on
763
+ the floor of the House. Don't worry about being diplomatic. We
764
+ have got to know, are we doing enough? Sviatiana?
765
+ Ms. Tsikhanouskaya. Yes, I am here. I have to say that I am
766
+ really grateful for all the actions that Europe and America and
767
+ Canada did, have done already, because you stand for us in the
768
+ crucial moment of our revolution, just after the elections. No
769
+ one country recognized Lukashenko as legitimate. Everybody told
770
+ that the elections were fraudulent, Lukashenko is illegitimate.
771
+ And just I ask you at the moment to be consistent in your
772
+ vision.
773
+ And I understand that you have done a lot and you imposed
774
+ sanctions, individual sanctions. But, you know, what is going
775
+ on in Belarus, it is my personal pain. And, of course, just to
776
+ stop this level of violence, just to start negotiations, to
777
+ start to develop, we need more pressure on the Lukashenko
778
+ regime. And in this way, I suppose that sanctions are the most
779
+ powerful leverage to make this regime to respond to our calls
780
+ for dialog.
781
+ And now, we need to widen this list of individual
782
+ sanctions. These sanctions should be imposed on security forces
783
+ offices, judges, educational and support officials who support
784
+ the regime, who in this or that extent were involved in
785
+ atrocities and humiliation and violence in Belarus.
786
+ And also, Congress should also legislate to widen the
787
+ sectorial sanctions, such as in the oil and gas and the potash
788
+ fertilizers industries, just to strike at the regime's most
789
+ important benefactors and prime resources of resilience.
790
+ So, we have to put sanctions on those like bullies of
791
+ Lukashenko that support the regime. And support the regime
792
+ means supporting violence and torture in Belarus. So, I am sure
793
+ that you can do more and more. Until this violence stops, we
794
+ have to put greater pressure on the regime.
795
+ Thank you.
796
+ Mr. Smith. Thank you.
797
+ Mr. Keating. Thank you, Representative.
798
+ Mr. Smith. Thank you, Mr. Chairman.
799
+ Mr. Keating. The chair now recognizes Representative Wild.
800
+ Ms. Wild. Thank you, Mr. Chairman. Sorry for the delay in
801
+ getting my mute off. I appreciate it. Sorry.
802
+ Mr. Keating. Okay.
803
+ Ms. Wild. Okay, I am ready to go. I am sorry about that.
804
+ First of all, I just want to start by echoing comments made
805
+ by my colleagues in recognizing your courageous efforts to
806
+ build a democratic future in Belarus. Your leadership is
807
+ inspiring.
808
+ And my question is about the role of U.S. diplomacy. I
809
+ would like to know what your thoughts are on the role that
810
+ might be played by newly appointed Ambassador Julie Fisher in
811
+ promoting democracy and supporting the democratic aspirations
812
+ of the people of Belarus. And as she engages with a regime that
813
+ does not have popular legitimacy, what message would you like
814
+ our Ambassador to convey?
815
+ Ms. Tsikhanouskaya. Thank you. As a matter of fact, with
816
+ Julie Fisher, we had a wonderful conversation, and I saw such a
817
+ huge empathy for the Belarusian people from her. And I
818
+ understood that she would be the greatest diplomat on the
819
+ ground ever.
820
+ And, of course, we welcome the presence of Julie Fisher on
821
+ the ground for her to monitor the situation in Belarus. She can
822
+ visit jails just to see conditions of keeping women and men in
823
+ jails. They are unhuman, I have to say. She can visit trials,
824
+ you know, to see that there is no law in Belarus. She can
825
+ support civil society in different ways.
826
+ But a very important moment, Julie Fisher has not given
827
+ credentials to Lukashenko. He is not the legitimate President
828
+ and he cannot be considered as a person whom credentials can be
829
+ given to. So, I am sure it can be done, you know. I mean, she
830
+ can stay there as a diplomat without doing this action.
831
+ Ms. Wild. Thank you.
832
+ And I have a little bit more time. So, I also wanted to ask
833
+ you, you have called on the pro-democracy movement to hold
834
+ demonstrations on March 25th, on Freedom Day, marking Belarus'
835
+ declaration of independence in 1918. What I would like to know
836
+ is, what can we, as Members of the U.S. Congress, and others
837
+ who stand in solidarity with pro-democracy forces, do that
838
+ might be helpful to put pressure on the regime ahead of that
839
+ day or on that day?
840
+ Ms. Tsikhanouskaya. On the 25th of March, it is our
841
+ independence day in Belarus, and people went out for
842
+ demonstrations every year. And for sure, this year will not be
843
+ an exclusion. And moreover, people demand this day will be the
844
+ beginning of the new wave of demonstrations in Belarus, new
845
+ wave of protesting movement.
846
+ And people really have this in a demand to show them that
847
+ we are here; we are people that have our rights to vote, to say
848
+ everything. And, of course, people will go for the rallies, and
849
+ people are continuing putting pressure by different
850
+ initiatives.
851
+ And just to support these people, the whole world has to
852
+ show solidarity with them, to be vocal about them, to put these
853
+ facts on the reader, that, look, there are some people who are
854
+ fighting; they are still there, and we have to help them. Just
855
+ put the repression of Belarus on the agenda. Be with us with
856
+ any different ways. Talk about us in the social media, in the
857
+ social networks. You know, put us on the agenda, and we will
858
+ see this. Because international support is extremely important
859
+ in our case. We have to know that the whole world is watching
860
+ us, that we are not alone.
861
+ Ms. Wild. Thank you so much. We will do our best to support
862
+ you.
863
+ I yield back, Mr. Chair.
864
+ Mr. Keating. Thank you, Representative Wild.
865
+ Representative Wagner is now recognized for 5 minutes.
866
+ Mrs. Wagner. I thank you, Mr. Chairman, for this very
867
+ important hearing. I am proud to stand with the Belarusian
868
+ democratic movement as it demands greater freedom and respect
869
+ for fundamental rights from the authoritarian Lukashenko
870
+ regime.
871
+ I want to thank our witness, Ms. Tsikhanouskaya, for her
872
+ courage and tireless work for the people of Belarus.
873
+ Ms. Tsikhanouskaya, you wrote last year that ``Access to
874
+ information is the strongest weapon'' the opposition has. And I
875
+ could not agree more. Truth is the potent threat to
876
+ authoritarianism, and shedding light on the abuses perpetrated
877
+ by the Lukashenko regime advances democracy and liberty for
878
+ Belarusians. What more can the United States do to support
879
+ independent media in Belarus and amplify voices that continue
880
+ to exercise their rights to dissent and free speech?
881
+ Ms. Tsikhanouskaya. Thank you. Yes, you are so right, the
882
+ media is really important in our case because
883
+ [audio interference] in Belarus. You know that this regime
884
+ has oppressed almost all the independent media in Belarus. They
885
+ cannot work. The regime did not create international media.
886
+ They did not allow international media to come to Belarus, just
887
+ because he had a lot to hide. He had to hide his crimes,
888
+ violence, and atrocities. And still, just for media to survive
889
+ in Belarus, they really need great support.
890
+ And first of all, you can, at the moment, you can support
891
+ different YouTubers that are on the ground and out of the
892
+ country, show us the real situation in Belarus. You have to
893
+ call to free imprisoned journalists who just have been detained
894
+ for doing their job. And you can support Telegram channels that
895
+ also show the real picture, the crowds. And you can support
896
+ Radio Free Europe on the ground. So, a lot can be done really,
897
+ and thank you for what you are doing already.
898
+ Mrs. Wagner. Thank you.
899
+ In the coming months, how will opposition's Coordination
900
+ Council work to sustain the pro-democracy movement in Belarus?
901
+ How is the Lukashenko government obstructing the Council's
902
+ mission, and how can the United States best pressure Lukashenko
903
+ to end political persecution of Council members specifically?
904
+ Ms. Tsikhanouskaya. You know, the Coordination Council was
905
+ created as they pled for negotiations, and they are building
906
+ structures inside the country, different working groups that
907
+ are working with students, with striking committees, with
908
+ neighborhoods, and all this stuff. And this new form of social
909
+ groups, pressure social groups, are extremely important. It is
910
+ like a new building of democratic organizations. We have never
911
+ had democracies within our country. It is like grassroots
912
+ democracy.
913
+ And every country can support this organization, these
914
+ grassroots organizations, like teaching them how to build this
915
+ democracy, how to be involved in this political competitions, I
916
+ would say. And we have to start everything. We have to start
917
+ everything from the beginning, and you can assist us in this.
918
+ Mrs. Wagner. Thank you very much.
919
+ I understand that the Kremlin sent Russian propagandists to
920
+ work at Belarusian State TV in support of the Lukashenko
921
+ regime. Are these propagandists still actively working in
922
+ Belarus, and are their efforts to shape the information domain
923
+ in Belarus in Lukashenko's favor, is it working?
924
+ Ms. Tsikhanouskaya. You know, after the
925
+ [audio interference] violence after the elections, most of
926
+ journalists were fired from State TV, but they very soon were
927
+ replaced by Russian journalists. And Russian journalists did
928
+ not feel the pain that the rest of the journalists felt. And,
929
+ of course, they could use this propaganda very widely to show
930
+ me in the bad way, I would say.
931
+ But now, I know that the Russian journalists, they already
932
+ went back to Russia, but, still, propaganda in Belarus is
933
+ working very hard. They want to discredit me. They want to show
934
+ that the opposition is splitting, but it is not; it isn't so.
935
+ And they put much, they put a lot of efforts to show that the
936
+ opposition like died. And every day we show to the whole world
937
+ that we are still here, that we are fighting. So, we are
938
+ fighting with the propaganda as well. They cannot do anything
939
+ when the opposition is united.
940
+ Thank you.
941
+ Mrs. Wagner. Well, thank you. Thank you, Ms.
942
+ Tsikhanouskaya. We are grateful for your courage.
943
+ And I have expired my time. Gratefully, Mr. Chairman, I
944
+ yield back.
945
+ Mr. Keating. Thank you.
946
+ The chair recognizes Representative Deutch for 5 minutes.
947
+ Mr. Deutch. Thank you, Mr. Chairman. Mr. Chairman, I want
948
+ to really extend a deep debt of gratitude to you for holding
949
+ this hearing today. There are a lot of things that our
950
+ committee does, and they are all important, but what we are
951
+ doing today in this hearing, and the message that we are
952
+ sending to Lukashenko, the message that we are sending to the
953
+ people of Belarus, the message that we are sending to the
954
+ Kremlin and to the world, that we are committed to helping to
955
+ foster democracy, to standing on the side of those who want the
956
+ ability to live in a democracy. That is as important as
957
+ anything we will do.
958
+ And, Ms. Tsikhanouskaya, there is no one who has done more
959
+ in Belarus to help accomplish than you. And I want to thank you
960
+ for appearing before the committee. I want to thank you for
961
+ your powerful testimony.
962
+ We see in the work we do here the constant, relentless
963
+ threat that authoritarianism poses to democracies and to
964
+ democratic values. And Belarus and the United States may not be
965
+ neighbors, but the struggle in Belarus today is a generational
966
+ challenge that we cannot afford to look away from. We have to
967
+ lead.
968
+ And as my colleagues have made clear, the U.S. Congress
969
+ stands with the people of Belarus and we support you as you
970
+ work to withstand Russian aggression, create a freer, more
971
+ democratic nation. So, the battle lines of the fight to protect
972
+ democratic values and human rights transcends State boundaries
973
+ and peoples. It is imperative that those who stand for
974
+ democracy everywhere, including here in the United States,
975
+ recognize one another as partners in this struggle.
976
+ And not only am I an American invested in protecting my own
977
+ country's democracy, I am also, Ms. Tsikhanouskaya, the proud
978
+ grandson of immigrants from two small towns in Belarus.
979
+ And I thank you for your testimony today, and I thank you
980
+ for your courage and for your determination.
981
+ I want to ask you, we have spoken a lot, you have spoken
982
+ powerfully about the pressure that Lukashenko must feel.
983
+ Recently, Lukashenko talked about enacting constitutional
984
+ reforms at a referendum next year and organizing new
985
+ Presidential elections sometime thereafter. How do you
986
+ interpret these actions, and what can we do to not fall prey to
987
+ efforts to shield Lukashenko and others responsible for the
988
+ jailings, the attacks on journalists and activists, from our
989
+ actions now? What do we do here with this?
990
+ Ms. Tsikhanouskaya. You know, I have to say that when the
991
+ regime is at risk, it starts to talk about a new constitution
992
+ and referendum, and all this stuff. We aren't talking about new
993
+ elections. We are talking about dialog between society sources
994
+ and the regime. We need amending of the constitution, but it is
995
+ not the question now. The question now is solving a political
996
+ and humanitarian crisis in Belarus. And this amendment of the
997
+ constitution expressed, that he is talking about, it should
998
+ take place alongside with new elections or right after the
999
+ elections. We have to show priorities in our revolution.
1000
+ So, as for journalists, again, I have to say that
1001
+ journalism is a very important factor in our revolution, and it
1002
+ is important to support them because they are lack of space,
1003
+ you know, in the country. They cannot earn the money just to
1004
+ show us this truth. So, this technical support to journalists
1005
+ is very important.
1006
+ So, have I missed----
1007
+ Mr. Deutch. No, I appreciate it. As I finish, I just want
1008
+ to thank you again for your courageous leadership.
1009
+ I want to thank the chairman and the ranking member, Mr.
1010
+ Smith and others who have been helping us focus the world's
1011
+ attention.
1012
+ And as you approach these Freedom Day protests, as you talk
1013
+ about the need for grassroots democracy, and even as 400
1014
+ activists have been sentenced to prison, including a 16-year-
1015
+ old suffering from epilepsy who was sentenced to 5 years in
1016
+ prison simply for participating in the protests, please know
1017
+ that it is not just this subcommittee and the House Foreign
1018
+ Affairs Committee, but that the U.S. Congress and the people of
1019
+ the United States stand with you and the people of Belarus in
1020
+ your rightful quest for democracy. And we are so honored by
1021
+ your presence today. Thank you very much.
1022
+ I yield back.
1023
+ Mr. Keating. Thank you, Mr. Deutch. Thank you for your
1024
+ strong remarks and incorporating your family background. That
1025
+ was very meaningful.
1026
+ Representative Titus is recognized for 5 minutes.
1027
+ Ms. Titus. Thank you, Mr. Chairman. And thank you for
1028
+ setting up this amazing meeting. I cannot imagine having a more
1029
+ inspiring witness than we have this morning.
1030
+ Thank you for your courage and for being here.
1031
+ I would just ask you if you would maybe elaborate on the
1032
+ plan that you call the liberation plan that you came out with
1033
+ in February. Talk a little bit about maybe your deadlines, what
1034
+ you see as part of that plan. Will you be working with any
1035
+ NGO's or organizations like NDI or IRI to help you with that?
1036
+ And is part of that plan dealing with COVID? I know that
1037
+ Lukashenko has just pretty much denied COVID and said, ``Go to
1038
+ a spa and drink vodka and you'll be Okay.'' But someone of your
1039
+ stature and your presence could have a lot of impact on
1040
+ addressing that issue as well.
1041
+ Ms. Tsikhanouskaya. You know, the COVID situation is
1042
+ rather, I would say, interesting in Belarus because, when the
1043
+ whole world was struggling with COVID, with the first wave of
1044
+ COVID, our regime told that there was no COVID in Belarus, and
1045
+ even if it is, so you can treat it with ``tractors and vodka''.
1046
+ And a moment when the regime did not take care of--there
1047
+ were some people in the spring. The Russians had to take care
1048
+ of themselves. They started to buy this usual mix for doctors
1049
+ and this special proven equipment. They collected money to buy
1050
+ this equipment for hospitals. So, at that moment, again, we had
1051
+ a proff that government does not take care about the Nation.
1052
+ And now, the situation is also very bad with COVID on the
1053
+ ground, but we know that real numbers are much higher than the
1054
+ government say. And one doctor who dared tell the real numbers
1055
+ was immediately fired from their hospital, just for telling the
1056
+ truth.
1057
+ And as for our plan, you know, there cannot be deadlines
1058
+ here. Of course, we want new elections to happen on September.
1059
+ For this, we have to start dialog this May. That is why people
1060
+ are beginning the second wave of the protesting movement in
1061
+ Belarus on the ground. That is why this is a very crucial
1062
+ moment for all the international society, for all the countries
1063
+ and leaders and organizations to put maximum pressure on the
1064
+ regime to make him answer our calls for dialog.
1065
+ So, we have, if we can say so, spring is the beginning of
1066
+ protests. Until May, we have to organize this data platform on
1067
+ the basis of overseeing and start to negotiate about new
1068
+ elections in September or October this year.
1069
+ Ms. Titus. Thank you very much.
1070
+ You have quite a task ahead of you. Are you working with
1071
+ any NGO's on the ground there? Are there any formal
1072
+ organizations? Or is it just kind of spontaneous protests?
1073
+ Ms. Tsikhanouskaya. You know, it is very difficult for
1074
+ NGO's to survive in Belarus. They are pressed; they are under
1075
+ constant pressure. And we can say that we have like legal NGO's
1076
+ in Belarus and illegal. I cannot pronounce these words, but
1077
+ this is our reality. And we are just trying to help, and, you
1078
+ know, the international society is trying to help a different
1079
+ kind of NGO's on the ground, for them to transfer this help to
1080
+ people who are suffering, people who are in prison, people that
1081
+ are fighting. So, we have to like look for new forms of helping
1082
+ these NGO's. It is very difficult to work in the country where
1083
+ there is no law. You know, all the organizations that are
1084
+ helping people are under constant pressure of the regime
1085
+ because they don't want this organization to help.
1086
+ Ms. Titus. Yes, they don't even want it to exist.
1087
+ Well, thank you so much. And thank you for being here and
1088
+ for your courage. Just be careful there. Just be careful.
1089
+ Ms. Tsikhanouskaya. Thank you so much.
1090
+ Mr. Keating. Thank you, Representative Titus.
1091
+ Representative Schneider is recognized for 5 minutes.
1092
+ Mr. Schneider. Thank you, Chairman Keating. And as others
1093
+ have said, I cannot thank you enough for having this hearing.
1094
+ And, Mrs. Tsikhanouskaya, I cannot thank you enough for
1095
+ spending the time to share with us your story, but also cannot
1096
+ thank you enough for the inspiration you provide to your
1097
+ country, to the world, for democracy, for courage, bravery, and
1098
+ hope.
1099
+ I join with my colleagues on this panel who I believe are
1100
+ representative of the entire U.S. Congress, and by extension,
1101
+ to the entire American people, in standing in solidarity with
1102
+ you, with the heroic women leading the way, and with the entire
1103
+ Belarusian people, and the pro-democracy movement.
1104
+ Personally, my story has connections to Belarus. My
1105
+ maternal grandfather's family was from Brest-Litovsk in
1106
+ Belarus. They came here at the turn of the last century, but we
1107
+ can trace the roots back there.
1108
+ I take personally extraordinary inspiration from the
1109
+ bravery and the defiance, the resiliency, of the women of
1110
+ Belarus that we have talked about today and of the Belarus
1111
+ people as a whole.
1112
+ I have three questions we can touch on, try to get into
1113
+ specifics. I will lay them out, and then, you can address them
1114
+ any way you want.
1115
+ But, first, what can Congress do to best support you and
1116
+ the pro-democracy movement, to support your resolve, the
1117
+ resilience, to stand strong throughout this crisis, until we
1118
+ get to the end we all hope for?
1119
+ Toward that end, in more detail, what pressure can we apply
1120
+ to the regime? You mentioned sector-specific sanctions. What
1121
+ specific sectors do you have in mind and are there specific
1122
+ entrepreneurs we should be focused on?
1123
+ And finally, what can Congress, the United States, and our
1124
+ allies do to, in your words, create a positive program for
1125
+ change for a new Belarus?
1126
+ And I think I may have lost you.
1127
+ Mr. Keating. Yes. Could we just pause for a moment?
1128
+ Ms. Tsikhanouskaya. It was the button. Sorry.
1129
+ Mr. Keating. Perhaps if you could just summarize again
1130
+ quickly, if that is possible. Representative Schneider, could
1131
+ you just----
1132
+ Mr. Schneider. I am sorry, were you able to hear me, Ms.
1133
+ Tsikhanouskaya, or do I need to summarize?
1134
+ Ms. Tsikhanouskaya. Yes, yes, yes. I just think--I am
1135
+ sorry--help support the Belarusian people or Belarus at the
1136
+ moment; how to be with the Belarusian people? So, first of all,
1137
+ this is like three pillars.
1138
+ First of all, it is pressure on the regime--sanctions,
1139
+ putting political pressure on Lukashenko politically and
1140
+ economically, and all this stuff.
1141
+ Second, it is support to civil society--media, workers,
1142
+ medics, any groups of people.
1143
+ And the third pillar is justice in our country. There is no
1144
+ law at the moment in Belarus. We have to look for justice in
1145
+ other countries. In many cases, investigation of crimes in
1146
+ Belarus have been started on the basis of universal
1147
+ jurisdiction--you know, Lithuania, Poland, the Czech Republic.
1148
+ So, you can like support the three pillars or through
1149
+ something else you can. And second, you can support the U.N.
1150
+ accountability mechanism for investigating crimes in Belarus.
1151
+ And again, from the USA sectoral sanctions, in such spheres,
1152
+ oil, gas, and potash fertilizer industries are very important.
1153
+ Just if you find any State organizations that are like wallets
1154
+ of Lukashenko, oligarchs that are supporting this regime,
1155
+ supporting violence, and impose sanctions on them, it will be
1156
+ very good, strong leverage on the oppression for the regime.
1157
+ And as for the future of Belarus, you know, the only thing
1158
+ I want from the future of Belarus is that my children and the
1159
+ new generation feel safe on the ground; that they understand
1160
+ that a person is their highest value for this country; you
1161
+ know, that everybody, every person is responsible for building
1162
+ this new Belarus.
1163
+ And, you know, having paid such a huge price during this
1164
+ revolution for a new Belarus, I am sure that every Belarusian
1165
+ will do his or her best to stay united in the future and to do
1166
+ everything to come to democracy.
1167
+ Mr. Schneider. Thank you. That is a phenomenal, inspiring
1168
+ answer, and know that we are with you. Know that we are
1169
+ cheering for your country, for your people.
1170
+ And with that, I yield back.
1171
+ Mr. Keating. Thank you, Representative.
1172
+ Representative Meuser is recognized for 5 minutes.
1173
+ Representative Meuser?
1174
+ Mr. Meuser. Yes, thank you, Chairman.
1175
+ Thank you for attending this hearing with us. It is
1176
+ certainly some compelling testimony.
1177
+ Ms. Tsikhanouskaya, you wrote in a Washington Post op-ed
1178
+ last year that, ``we will continue our boycott of the State
1179
+ apparatus. Many private businesses have stopped dealing with
1180
+ State-owned banks; more will do the same. Whenever possible,
1181
+ businesspeople should delay, refuse to pay and refuse to buy
1182
+ products from State-owned factories.''
1183
+ Can you describe how things have gone since making those
1184
+ statements? And has it been successful? Has it had some
1185
+ deteriorating factors? Maybe expand upon that a little bit, if
1186
+ you would not mind, Ms. Tsikhanouskaya.
1187
+ Ms. Tsikhanouskaya. So, can you repeat the question?
1188
+ Mr. Meuser. Your comments in The Washington Post op-ed that
1189
+ you had written last year regarding boycotting of State-owned
1190
+ businesses and factors, can you please expand upon what support
1191
+ that was met with? Heavy resistance? Problems for you
1192
+ personally? Has it met with any success?
1193
+ Ms. Tsikhanouskaya. Well, many people say sanctions can
1194
+ make people suffer on the ground because they will lose their
1195
+ job or something. But people are already suffering. It is not
1196
+ my demand, putting sanctions on the State organizations. It is
1197
+ the people's demand who are working in these organizations. You
1198
+ know, they are suffering at the moment. They have been fired.
1199
+ They are putting on pressure from the regime. They are
1200
+ humiliated or other factors in different ways. They get small
1201
+ salaries and have a lot to do on the factories. But, still,
1202
+ they lead this sanction because people understand that this
1203
+ economical pressure will ruin this regime.
1204
+ When the regime does not have money to pay to the riot
1205
+ police, riot police will refuse to serve this regime. You know,
1206
+ it is like a circle. If factory does not pay the regime, the
1207
+ regime does not pay the riot police, and the regime does not
1208
+ have support because the only support at the moment the regime
1209
+ has, it is violence--violence executed by riot police. So,
1210
+ people are ready to suffer because of lack of salaries, but
1211
+ they want to change this regime so much that they want the
1212
+ sanctions most of all.
1213
+ Mr. Meuser. Okay. And so, the nine Belarusian officials and
1214
+ four entities related to human rights abuses that were
1215
+ sanctioned several months ago, has that been effective and
1216
+ should that be expanded, in your view? Based on what you
1217
+ Stated, we should be engaged in more, heavier sanctions of more
1218
+ individuals as well as entities that are part of this
1219
+ suppression?
1220
+ Ms. Tsikhanouskaya. Of course, I have to say that we are
1221
+ grateful for all the sanction list you have already enforced.
1222
+ But we see that the number of people is not enough. Because
1223
+ this very narrow circle of people sanctioned, they know how to
1224
+ avoid the sanctions. You know, they don't have assets in your
1225
+ banks already. They know how to avoid this.
1226
+ But those people, the judges, security forces offices,
1227
+ education and support officials that support the regime, they
1228
+ also to be put on the sanctions list. Because the next time,
1229
+ the next judge will think twice before making a crime against a
1230
+ person or against demonstrators, peaceful demonstrators.
1231
+ The threat of these sanctions is sometimes even more useful
1232
+ than any other way of pressure on these people. For sure, the
1233
+ sanction list has to be widened.
1234
+ Mr. Meuser. Right. Thank you very much.
1235
+ And, Mr. Chairman, I yield back.
1236
+ Mr. Keating. I thank the gentleman for his comments.
1237
+ And just a couple of closing remarks. Our thanks, Ms.
1238
+ Tsikhanouskaya. This was an enormously moving hearing, an
1239
+ unusual hearing in that respect. And your participation and
1240
+ taking the time to talk to us in Congress is so important.
1241
+ And my colleagues, I want to thank all of them. It is an
1242
+ abnormally busy day today for many reasons, and the
1243
+ participation was extraordinary at this subcommittee hearing.
1244
+ I would say this: that, Ms. Tsikhanouskaya, you began the
1245
+ hearing with your remarks wishing us a happy Saint Patrick's
1246
+ Day. And I want to think about the words of a very famous Irish
1247
+ poet, Seamus Heaney. And he remarked at one point--and it is a
1248
+ remark that is used quite often by our President, President
1249
+ Biden--when they were talking about a period of troubles in
1250
+ Ireland that was so severe. He said that, ``If we winter this
1251
+ one out, we can summer anywhere.''
1252
+ And I think winter has descended in terms of democracy
1253
+ right on Belarus, and the world knows that and the U.S. knows
1254
+ that. And we are going to weather this winter together, a
1255
+ winter of authoritarian rule, of violence, of intimidation. And
1256
+ we are going to work together with you, hopefully, joining
1257
+ together as a diaspora, as well as government officials. As you
1258
+ go forward with your IT platform and strategy and victory, we
1259
+ will be looking, and perhaps helping, to deal with those issues
1260
+ as you go forward.
1261
+ But I want to tell you we will continue. The U.S. will
1262
+ fully implement the powers that it can implement for democracy
1263
+ in Belarus. We will work on a continuing basis to stop the
1264
+ violence there, to push for the release of political prisoners
1265
+ there, and to make sure that there is a genuine dialog between
1266
+ the people of Belarus and forging ahead to a legitimate
1267
+ government where people can be represented.
1268
+ And just in your last few remarks, I think you summed up
1269
+ the goals of all of us in a free world when you just said, What
1270
+ we want most is to pass a better world and better country to
1271
+ our children. And importantly, you said, every person has a
1272
+ responsibility.
1273
+ So, I want to assure you that we view our responsibility as
1274
+ standing up for Belarus, for democracy. And you continue to
1275
+ inspire us every day. And the work and the effort that you have
1276
+ done, joined by so many courageous individuals, and the
1277
+ hallmark of them, probably in this effort more than many
1278
+ others, of women being involved is so important.
1279
+ So, thank you so much for being here. We will continue to
1280
+ work with you to make sure that the people of Belarus can get
1281
+ through this winter. And then, when that happens, we can all
1282
+ celebrate democracy all the time in the summer. So, thank you
1283
+ so much.
1284
+ And with that, this hearing is adjourned.
1285
+ [Whereupon, at 10:53 a.m., the subcommittee was adjourned.]
1286
+
1287
+ APPENDIX
1288
+
1289
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1290
+
1291
+ RESPONSES TO QUESTIONS SUBMITTED FOR THE RECORD
1292
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1293
+
1294
+ [all]
1295
+ </pre></body></html>
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The diff for this file is too large to render. See raw diff
 
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@@ -0,0 +1,1655 @@
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1
+ <html>
2
+ <title> - BRAIN DRAIN: REBUILDING THE FEDERAL SCIENTIFIC WORKFORCE</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+ BRAIN DRAIN: REBUILDING
9
+ THE FEDERAL SCIENTIFIC WORKFORCE
10
+
11
+ =======================================================================
12
+
13
+ HEARING
14
+
15
+ BEFORE THE
16
+
17
+ SUBCOMMITTEE ON INVESTIGATIONS
18
+ AND OVERSIGHT
19
+
20
+ OF THE
21
+
22
+ COMMITTEE ON SCIENCE, SPACE,
23
+ AND TECHNOLOGY
24
+ HOUSE OF REPRESENTATIVES
25
+
26
+ ONE HUNDRED SEVENTEENTH CONGRESS
27
+
28
+ FIRST SESSION
29
+
30
+ __________
31
+
32
+ MARCH 17, 2021
33
+
34
+ __________
35
+
36
+ Serial No. 117-4
37
+
38
+ __________
39
+
40
+ Printed for the use of the Committee on Science, Space, and Technology
41
+
42
+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
43
+
44
+ Available via the World Wide Web: http://science.house.gov
45
+
46
+ __________
47
+
48
+ U.S. GOVERNMENT PUBLISHING OFFICE
49
+ 43-704PDF WASHINGTON : 2021
50
+
51
+ -----------------------------------------------------------------------------------
52
+
53
+ COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
54
+
55
+ HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman
56
+ ZOE LOFGREN, California FRANK LUCAS, Oklahoma,
57
+ SUZANNE BONAMICI, Oregon Ranking Member
58
+ AMI BERA, California MO BROOKS, Alabama
59
+ HALEY STEVENS, Michigan, BILL POSEY, Florida
60
+ Vice Chair RANDY WEBER, Texas
61
+ MIKIE SHERRILL, New Jersey BRIAN BABIN, Texas
62
+ JAMAAL BOWMAN, New York ANTHONY GONZALEZ, Ohio
63
+ BRAD SHERMAN, California MICHAEL WALTZ, Florida
64
+ ED PERLMUTTER, Colorado JAMES R. BAIRD, Indiana
65
+ JERRY McNERNEY, California PETE SESSIONS, Texas
66
+ PAUL TONKO, New York DANIEL WEBSTER, Florida
67
+ BILL FOSTER, Illinois MIKE GARCIA, California
68
+ DONALD NORCROSS, New Jersey STEPHANIE I. BICE, Oklahoma
69
+ DON BEYER, Virginia YOUNG KIM, California
70
+ CHARLIE CRIST, Florida RANDY FEENSTRA, Iowa
71
+ SEAN CASTEN, Illinois JAKE LaTURNER, Kansas
72
+ CONOR LAMB, Pennsylvania CARLOS A. GIMENEZ, Florida
73
+ DEBORAH ROSS, North Carolina JAY OBERNOLTE, California
74
+ GWEN MOORE, Wisconsin PETER MEIJER, Michigan
75
+ DAN KILDEE, Michigan VACANCY
76
+ SUSAN WILD, Pennsylvania
77
+ LIZZIE FLETCHER, Texas
78
+ VACANCY
79
+ ------
80
+
81
+ Subcommittee on Investigations and Oversight
82
+
83
+ HON. BILL FOSTER, Illinois, Chairman
84
+ ED PERLMUTTER, Colorado JAY OBERNOLTE, California,
85
+ AMI BERA, California Ranking Member
86
+ GWEN MOORE, Wisconsin PETE SESSIONS, Texas
87
+ SEAN CASTEN, Illinois VACANCY
88
+
89
+
90
+ C O N T E N T S
91
+
92
+ March 17, 2021
93
+
94
+ Page
95
+
96
+ Hearing Charter.................................................. 2
97
+
98
+ Opening Statements
99
+
100
+ Statement by Representative Bill Foster, Chairman, Subcommittee
101
+ on Investigations and Oversight, Committee on Science, Space,
102
+ and Technology, U.S. House of Representatives.................. 9
103
+ Written Statement............................................ 10
104
+
105
+ Statement by Representative Jay Obernolte, Ranking Member,
106
+ Subcommittee on Investigations and Oversight, Committee on
107
+ Science, Space, and Technology, U.S. House of Representatives.. 11
108
+
109
+ Statement by Representative Pete Sessions, Committee on Science,
110
+ Space, and Technology, U.S. House of Representatives........... 12
111
+
112
+ Written statement by Representative Eddie Bernice Johnson,
113
+ Chairwoman, Committee on Science, Space, and Technology, U.S.
114
+ House of Representatives....................................... 12
115
+
116
+ Witnesses:
117
+
118
+ Ms. Candice Wright, Acting Director, Science, Technology
119
+ Assessment, and Analytics, U.S. Government Accountability
120
+ Office
121
+ Oral Statement............................................... 14
122
+ Written Statement............................................ 16
123
+
124
+ Mr. Max Stier, President and CEO, Partnership for Public Service
125
+ Oral Statement............................................... 38
126
+ Written Statement............................................ 40
127
+
128
+ Dr. Andrew Rosenberg, Director of the Center for Science and
129
+ Democracy, Union of Concerned Scientists
130
+ Oral Statement............................................... 55
131
+ Written Statement............................................ 57
132
+
133
+ Dr. Elizabeth Southerland, Former Director of Science and
134
+ Technology, Office of Water, Environmental Protection Agency
135
+ Oral Statement............................................... 66
136
+ Written Statement............................................ 68
137
+
138
+ Discussion....................................................... 74
139
+
140
+ Appendix I: Answers to Post-Hearing Questions
141
+
142
+ Mr. Max Stier, President and CEO, Partnership for Public Service. 88
143
+
144
+ Dr. Andrew Rosenberg, Director of the Center for Science and
145
+ Democracy, Union of Concerned Scientists....................... 90
146
+
147
+ Appendix II: Additional Material for the Record
148
+
149
+ Report submitted by Representative Bill Foster, Chairman,
150
+ Subcommittee on Investigations and Oversight, Committee on
151
+ Science, Space, and Technology, U.S. House of Representatives
152
+ ``Scientific Brain Drain: Quantifying the Decline of the
153
+ Federal Scientific Workforce,'' Majority Staff............. 92
154
+
155
+ Statements submitted by Representative Bill Foster, Chairman,
156
+ Subcommittee on Investigations and Oversight, Committee on
157
+ Science, Space, and Technology, U.S. House of Representatives
158
+ American Federation of Government Employees (AFGE) Local 3403 116
159
+ Climate Science Legal Defense Fund........................... 119
160
+
161
+ Report submitted by Dr. Andrew Rosenberg, Director of the Center
162
+ for Science and Democracy, Union of Concerned Scientists
163
+ ``The Federal Brain Drain: Impacts on Science Capacity, 2016-
164
+ 2020,'' Jacob Carter, Taryn MacKinney, Gretchen Goldman.... 124
165
+
166
+
167
+ BRAIN DRAIN: REBUILDING
168
+ THE FEDERAL SCIENTIFIC WORKFORCE
169
+
170
+ ----------
171
+
172
+
173
+ WEDNESDAY, MARCH 17, 2021
174
+
175
+ House of Representatives,
176
+ Subcommittee on Investigations and Oversight,
177
+ Committee on Science, Space, and Technology,
178
+ Washington, D.C.
179
+ The Subcommittee met, pursuant to notice, at 10:03 a.m.,
180
+ via Webex, Hon. Bill Foster [Chairman of the Subcommittee]
181
+ presiding.
182
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
183
+
184
+ Chairman Foster. The hearing will now come to order.
185
+ Without objection, the Chair is authorized to declare recess at
186
+ any time.
187
+ And before I deliver my opening remarks, I just wanted to
188
+ note the unusual circumstances under which we're operating
189
+ today. Pursuant to House Resolution 8, today, the Subcommittee
190
+ is meeting virtually. I want to announce a couple of reminders
191
+ to the Members about the conduct of this remote hearing. First,
192
+ Members should keep their video feed on as long as they are
193
+ present at the hearing. Members are responsible for their own
194
+ microphones. Please also keep your microphones muted unless
195
+ you're speaking. If Members have documents they wish to submit
196
+ for the record, please email them to the Committee Clerk, whose
197
+ email has been circulated prior to the hearing.
198
+ Well, good morning, and thank you to all of our Members
199
+ and panelists for joining us today for this Subcommittee
200
+ hearing on the brain drain from the Federal scientific
201
+ workforce. This is our first Subcommittee hearing of the 117th
202
+ Congress, and I'm very pleased to return as the Chairman of the
203
+ Investigations and Oversight Subcommittee to continue our
204
+ important work. I'm also pleased to welcome Ranking Member
205
+ Obernolte to the Subcommittee. I look forward to working
206
+ together in support of America's scientific community to ensure
207
+ that our country remains its position--remains in its position
208
+ as the global leader in science and innovation.
209
+ Today's hearing focuses on a subject close to my heart:
210
+ the Federal scientific workforce. The scientists of the Federal
211
+ Government are a pillar of some of America's greatest
212
+ achievements, and federally funded science is a key to long-
213
+ term economic growth. Today's hearing is doubly important.
214
+ First, the STEM (science, technology, engineering, and
215
+ mathematics) workforce has been under stress in recent years,
216
+ as we will be discussing. And secondly, we stand on the cusp of
217
+ what we all hope will be kind of a Sputnik-like moment for
218
+ federally funded scientific research.
219
+ We're in a historic position where Democrats and
220
+ Republicans on this Committee and Republicans and Democrats in
221
+ the Senate have dueling proposals to double the scientific
222
+ research budget in this country. And maintaining proper
223
+ stewardship on what we all hope will be a historic return to an
224
+ adequate level of funding for scientific research will require
225
+ a top-notch and well-experienced federally funded STEM
226
+ workforce.
227
+ Government scientists oversee grants for priority research
228
+ areas, fund basic research that expands our horizons through
229
+ breakthrough discoveries, and lead the way in helping to
230
+ address the most pressing challenges of our time, from climate
231
+ change and clean energy to public health, to national security.
232
+ Whether pushing the boundaries of scientific knowledge or
233
+ informing policymaking with the best available science,
234
+ government scientists perform a vital public service.
235
+ Unfortunately, recent years have been difficult for many
236
+ career government scientists. The last Administration's
237
+ hostility toward evidence-based decisionmaking often created a
238
+ significant tension with scientists simply attempting to carry
239
+ out their duties. And as violations of scientific integrity
240
+ worsened and political interference escalated, scientists often
241
+ felt marginalized and demoralized. Far too often, they saw
242
+ their expertise ignored, their motives were impugned, their
243
+ work was dismissed. And this crisis arrived after years of
244
+ budget constraints had already slashed their funding.
245
+ Sadly, the consequences of--one of the consequences of
246
+ failure to properly support the Federal scientific workforce
247
+ are clear: In critical science-based agencies and occupations,
248
+ far too many scientists have recently decided to leave the
249
+ Federal Government. The statistics are alarming. According to
250
+ data reviewed by the Committee staff, EPA's (Environmental
251
+ Protection Agency's) workforce declined by 3.9 percent in the
252
+ last Administration and over 16 percent since 2009. The DOE's
253
+ (Department of Energy's) civil service STEM workforce has not
254
+ increased in four years. The EPA, DOE, and NOAA (National
255
+ Oceanic and Atmospheric Administration) have all lost large
256
+ numbers of STEM workers in key occupations such as the
257
+ environmental protection specialists, nuclear engineers, and
258
+ oceanographers. Even offices with broad bipartisan support have
259
+ not been spared. The DOE's Office of Nuclear Energy lost over
260
+ 20 percent of its workforce in just the first three years of
261
+ the previous Administration. And in many science agencies, see
262
+ the remaining outsized gender, racial, and ethnic employment
263
+ disparities persisting in their STEM workforces. These facts
264
+ show just how much Federal scientific capacity is at risk of
265
+ being lost due to scientific workforce reductions.
266
+ The departure of so much scientific talent and
267
+ institutional knowledge from the government represents a
268
+ competitive disadvantage for the United States. We must fix
269
+ this. We can rebuild the Federal scientific workforce, but to
270
+ do so, we must recommit ourselves to strengthening scientific
271
+ integrity in the Federal Government and supporting career
272
+ scientists.
273
+ Today's discussion will help us understand how we got
274
+ here, the implications of the reduced scientific workforce, and
275
+ how best to reverse these trends and restore Federal scientific
276
+ capacity. I'm eager to hear from our expert witnesses, who are
277
+ strong advocates for career scientists and the role of science
278
+ in government. I look forward to hearing your ideas on how we
279
+ can address this issue. I'm also attaching a majority staff
280
+ report as part of my written statement for the record. The
281
+ report has been shared with the minority and represents the
282
+ majority staff view on many of the issues here.
283
+ [The prepared statement of Chairman Foster follows:]
284
+
285
+ Good morning, and thank you to all of our Members and
286
+ panelists for joining us today for this Subcommittee hearing on
287
+ brain drain from the federal scientific workforce. This is our
288
+ first Subcommittee hearing of the 117th Congress, and I'm very
289
+ pleased to return as the Chairman of the Investigations &
290
+ Oversight Subcommittee to continue our important work. I'm also
291
+ pleased to welcome Ranking Member Obernolte to the
292
+ Subcommittee. I look forward to working together in support of
293
+ America's scientific community to ensure that this country
294
+ remains the global leader in science and innovation.
295
+ Today's hearing focuses on a subject close to my heart: the
296
+ federal scientific workforce. The scientists of the Federal
297
+ Government are a pillar in some of America's greatest
298
+ achievements. Government scientists oversee grants for priority
299
+ research areas, fund basic research that expands our horizons
300
+ through breakthrough discoveries, and lead the way in helping
301
+ to address the most pressing challenges of our time, from
302
+ climate change and clean energy, to public health, to national
303
+ security. Whether pushing the boundaries of scientific
304
+ knowledge or informing policymaking with the best available
305
+ science, government scientists perform a vital public service.
306
+ Unfortunately, recent years have been difficult for career
307
+ government scientists. The last administration's hostility
308
+ towards evidence-based decision-making created an awful tension
309
+ with scientists attempting to carry out their duties. As
310
+ violations of scientific integrity worsened and political
311
+ interference escalated, scientists felt marginalized and
312
+ demoralized. Far too often, their expertise was ignored, their
313
+ motives were impugned, and their work was dismissed. And this
314
+ crisis arrived after years of budget constraints had already
315
+ slashed their funding.
316
+ Sadly, the consequences of the failure to properly support
317
+ the federal scientific workforce are clear: in critical
318
+ science-based agencies and occupations, far too many scientists
319
+ have recently decided to leave the Federal Government. The
320
+ statistics are alarming. According to data reviewed by the
321
+ Committee staff, EPA's workforce declined by 3.9% during the
322
+ last administration and over 16% since 2009. DOE's civil
323
+ service STEM workforce has not increased in 4 years. EPA, DOE
324
+ and NOAA have all lost large numbers of STEM workers in key
325
+ occupations, such as environmental protection specialists,
326
+ nuclear engineers and oceanographers. Even offices with broad
327
+ bipartisan support have not been spared: DOE's Office of
328
+ Nuclear Energy lost over 20% of its workforce in just the first
329
+ three years of the previous administration. And in many science
330
+ agencies, outsized gender, racial and ethnic employment
331
+ disparities persist in STEM workforces. These facts show just
332
+ how much federal scientific capacity is at risk of being lost
333
+ due to scientific workforce reductions.
334
+ The departure of so much scientific talent and
335
+ institutional knowledge from the government represents a
336
+ competitive disadvantage for the United States. We must fix
337
+ this. We can rebuild the federal scientific workforce, but to
338
+ do so, we must recommit ourselves to strengthening scientific
339
+ integrity in the Federal Government and supporting career
340
+ scientists. Today's discussion will help us to understand how
341
+ we got here, the implications of a reduced scientific
342
+ workforce, and how best to reverse these trends and restore
343
+ federal scientific capacity. I am eager to hear from our expert
344
+ witnesses, who are strong advocates for career scientists and
345
+ the role of science in government. I look forward to hearing
346
+ your ideas about how we can address this issue.
347
+ I now yield to Ranking Member Obernolte for his opening
348
+ remarks.
349
+
350
+ Chairman Foster. And now I'll turn it over to my
351
+ Republican colleague.
352
+ Mr. Obernolte. Well, thank you very much, Chairman Foster.
353
+ I am honored to serve as the Ranking Member for the
354
+ Subcommittee. This Subcommittee's jurisdiction is near and dear
355
+ to my heart, as you know, and I think that the subject of our
356
+ hearing today is one of critical importance. We absolutely need
357
+ a strong, dedicated, and talented Federal scientific workforce,
358
+ and we need to make sure that we retain those people and that
359
+ we recruit the best of what is coming out of our Nation's
360
+ schools and universities.
361
+ I'm very much looking forward to hearing what our expert
362
+ witnesses have to say. We're focusing this hearing today mostly
363
+ on retention, and I think that that's of critical importance.
364
+ But I'd also like to see us focus a little bit on recruitment.
365
+ I think that our Federal Government needs to be entrepreneurial
366
+ in our approach to getting the best talent that we can, and
367
+ that means that we need to be cognizant of the fact that we're
368
+ competing against not only other government agencies but
369
+ against academia and against the private sector in recruiting
370
+ top scientific talent for our Federal workforce, so we need to
371
+ make sure that we've set the stage for success in that area.
372
+ Of particular concern to me is the fact that it takes 98
373
+ days to fully onboard a scientist into our Federal workforce
374
+ right now, and compared with private sector where I come from,
375
+ you know, that is shocking to me. You know, we can't be
376
+ surprised that we're failing to recruit the most talented and
377
+ the brightest people that are coming out of our universities
378
+ when our bureaucracy is that sluggish.
379
+ So I'm looking forward to hearing from the testimony of
380
+ our expert witnesses and looking forward to working with you,
381
+ Mr. Chairman. I yield back.
382
+ Mr. Sessions. Mr. Chairman, I'd like to ask unanimous
383
+ consent to speak.
384
+ Chairman Foster. Yes, granted.
385
+ Mr. Sessions. Thank you very much, and I appreciate this.
386
+ I would like for us also to keep in mind that during the period
387
+ of time that preceded this by a few years on a bipartisan basis
388
+ Republicans and Democrats changed processes, many of them,
389
+ including the NIH (National Institutes of Health) and how the
390
+ NIH not only gets its money but is able to make it mandatory as
391
+ opposed to discretionary and that there has been a substantial
392
+ amount of time and I believe progress that at least Chairman
393
+ Lucas and Mr. Perlmutter would recognize. We've not been
394
+ without understanding this challenge. We have made many
395
+ important things, but we also have the United States Air Force
396
+ using our government techniques, and they blew up 10 Titan
397
+ missiles, rockets, and we felt like we had to go to outside
398
+ sources, which really--the content and the technology exists
399
+ within America. It just may not be employed by the government.
400
+ And as an example of that is SpaceX, which is located in Waco,
401
+ Texas, which I represent. We have taken ideas from landing
402
+ capsules out in the middle of the Pacific to where they land on
403
+ the deck of a ship.
404
+ So, Mr. Chairman, thank you very much, but I think it's
405
+ important for us to note this did not just happen. There has
406
+ been a lot of work that has been bipartisan that has included a
407
+ definite effort to make sure that we grew scientists and not
408
+ just those that work for the government. Thank you very much. I
409
+ yield back my time, sir.
410
+ Chairman Foster. Thank you. And I really concur with that.
411
+ You know, one of the proudest bipartisan achievements
412
+ particularly the last several years is that we've seen
413
+ proposals to really cut the Federal scientific budget, and
414
+ Republicans and Democrats have stood together to say no, that
415
+ this is--these things should be preserved. And that was one of
416
+ the--really the greatest bipartisan achievements of the recent
417
+ past.
418
+ [The prepared statement of Chairwoman Johnson follows:]
419
+
420
+ Good morning. I would like to begin by welcoming back
421
+ Chairman Foster as the Chairman of the Investigations &
422
+ Oversight Subcommittee for the 117th Congress, and by welcoming
423
+ Ranking Member Obernolte to the Subcommittee. I look forward to
424
+ working with both of you on a vigorous oversight agenda to
425
+ strengthen federal scientific research and promote the
426
+ advancement of American science and technology.
427
+ The subject of today's hearing is critically important for
428
+ the future of research and development in this country. Career
429
+ scientists in the Federal Government are instrumental in
430
+ shaping America's scientific priorities, funding cutting-edge
431
+ research, and ensuring that policies are crafted on the basis
432
+ of the best available science. These public servants frequently
433
+ dedicate their entire careers to essential scientific functions
434
+ as varied as supporting basic research, protecting clean air
435
+ and water, and preparing the country for outbreaks of
436
+ infectious disease. As a nation, we ignore them at our peril.
437
+ But in recent years, due to political and budgetary
438
+ pressures, the federal scientific workforce has struggled. Too
439
+ many career scientists have decided to leave. Fewer federal
440
+ scientists means less research, slower grant processes, less
441
+ mentoring for young scientists, and less specialized expertise.
442
+ It means less informed policymaking and weaker regulatory
443
+ enforcement. This is a problem for the agencies who employ
444
+ scientists, the academic and private-sector researchers who
445
+ work with them, and the American people, who benefit from their
446
+ knowledge and dedication. We need to understand the
447
+ implications of these staff departures for federal science
448
+ agencies so that we can properly address them.
449
+ Additionally, it is imperative that we continue to promote
450
+ greater diversity in the federal STEM workforce. Under my
451
+ leadership, this Committee has been a strong advocate for
452
+ increasing the opportunities available to women and communities
453
+ of color to enter STEM professions. It is vital for the future
454
+ of American science that the nation's scientific institutions
455
+ encourage greater participation among historically
456
+ underrepresented groups, because our strength lies in our
457
+ diversity and broader perspectives lead to better science. The
458
+ Federal Government must be a leader in this effort, and the
459
+ federal scientific workforce must reflect the diversity of the
460
+ country that it represents. Advancing diversity and inclusion
461
+ will be key to revitalizing the federal scientific workforce in
462
+ the years to come.
463
+ It is a longstanding priority of this Committee to
464
+ strengthen the scientific capabilities of the Federal
465
+ Government. A major part of those capabilities is a robust
466
+ scientific workforce. We must look for ways to boost the ranks
467
+ of career scientists, and to encourage scientists across the
468
+ country, from all regions and backgrounds, to join the effort.
469
+ I appreciate the work of our distinguished panelists in
470
+ furthering this goal, and I look forward to hearing your
471
+ perspectives.
472
+ Thank you. I yield back.
473
+
474
+ Chairman Foster. And now I'd like to introduce our
475
+ witnesses. Our first witness is Ms. Candice Wright. Ms. Wright
476
+ is an Acting Director of--at the GAO (Government Accountability
477
+ Office) and its Science and Technology Assessment and Analytics
478
+ Team. She oversees GAO's work on the management of federally
479
+ funded research, intellectual property protection, and
480
+ management and Federal efforts to help commercialize innovative
481
+ technologies and enhance the U.S. economic competitiveness. She
482
+ has also served as a congressional Detailee to the Senate
483
+ Committee on Homeland Security and Government Affairs and as
484
+ the head of the GAO's office in Kabul, Afghanistan. Wow. You
485
+ know, people complain about being posted in Kansas City.
486
+ This--after Ms. Wright is Mr. Max Stier. Mr. Stier is
487
+ President and CEO (chief executive officer) of the Partnership
488
+ for Public Service, a nonprofit, nonpartisan organization
489
+ dedicated to revitalizing our Federal Government--the workforce
490
+ of our Federal Government by inspiring a new generation to
491
+ serve. Previously, Mr. Stier worked in all three branches of
492
+ the Federal Government, including a clerk for Supreme Court
493
+ Justice David Souter. He is also currently a member of New York
494
+ State--the New York State Spending and Government Efficiency
495
+ Commission and the Brookings Institution's Public Sector
496
+ Leadership Advisory Board.
497
+ Our third witness is Dr. Andrew Rosenberg. Dr. Rosenberg
498
+ is the Director of the Center for Science and Democracy at the
499
+ Union of Concerned Scientists (UCS). He has more than 30 years
500
+ of experience in government service, as well as academic and
501
+ nonprofit leadership. Dr. Rosenberg has offered peer-reviewed
502
+ studies and reports on fisheries and ocean management and has
503
+ published in the--on the--at the intersection between science
504
+ and policymaking. He previously served as the Chief Scientist
505
+ at Conservation International, the Dean of Life Sciences at the
506
+ University of New Hampshire, and the Deputy Director for the
507
+ U.S. National Marine Fisheries Institute.
508
+ Our final witness is Dr. Betsy Southerland. Dr.
509
+ Southerland retired from her position as Director of the Office
510
+ of Science and Technology in the EPA's Office of Water in 2017
511
+ following a 33-year career with the agency. While at the EPA,
512
+ Dr. Southerland led the development of national regulations and
513
+ guidance manuals informed by science and through the--through
514
+ coordination with State environmental agencies, industry
515
+ representatives, and environmental groups. In 2015 Dr.
516
+ Southerland received the Distinguished Presidential Rank Award
517
+ for her career at the EPA.
518
+ And as our witnesses should know, you will each have 5
519
+ minutes for your spoken testimony. Your written testimony will
520
+ be included for the hearing. And when you all have completed
521
+ your spoken testimony, we will begin questions. Each Member
522
+ will have 5 minutes to question the panel. And so we will start
523
+ with Ms. Wright.
524
+
525
+ TESTIMONY OF MS. CANDICE WRIGHT, ACTING DIRECTOR,
526
+
527
+ SCIENCE, TECHNOLOGY ASSESSMENT, AND ANALYTICS,
528
+
529
+ U.S. GOVERNMENT ACCOUNTABILITY OFFICE
530
+
531
+ Ms. Wright. Chairman Foster, Ranking Member Obernolte, and
532
+ Members of the Subcommittee, I'm pleased to be here today to
533
+ discuss the Federal science and technology workforce.
534
+ Agencies face the difficult task of keeping pace with
535
+ advances in science and technology. In our prior work, GAO has
536
+ seen how agencies often struggle to attract and retain a
537
+ workforce that meets their needs and positions them for the
538
+ future to address the complex social, economic, and security
539
+ challenges facing the country, not to mention the COVID-19
540
+ pandemic. Our long-standing concerns have led us to include
541
+ strategic human capital management in GAO's high-risk series
542
+ since 2001.
543
+ Today, I will highlight GAO's past work that can provide
544
+ insights in three key areas. First, workforce planning; second,
545
+ pay and hiring authorities; and third, the Federal work
546
+ environment. With regard to the first area, strengthening human
547
+ capital management, particularly for agencies with science and
548
+ technology missions, can help them build a highly diverse,
549
+ highly qualified and agile workforce. To successfully implement
550
+ their missions, agencies need to identify current skill gaps
551
+ and future needs in the workforce. They also need to select the
552
+ right human capital strategies to fill them.
553
+ However, our prior work has identified workforce strategic
554
+ planning challenges that agencies have not fully addressed. In
555
+ October 2019 we found that 18 of the 24 agencies we reviewed
556
+ had not fully implemented certain key workforce activities such
557
+ as establishing a workforce planning process or developing
558
+ strategies to address gaps in staffing. We recommended agencies
559
+ such as the National Science Foundation (NSF) fully implement
560
+ these activities, but not all agencies have done so.
561
+ We've also reported on NSF's use of rotators, who are
562
+ outside scientists and engineers on temporary assignment. We
563
+ made two recommendations aimed at improving NSF workforce
564
+ strategy for balancing its use of rotators with permanent
565
+ staff.
566
+ On the second area, improving Federal pay and hiring can
567
+ help agencies compete with employers in other sectors. Agencies
568
+ can tap an array of incentives when they need to recruit or
569
+ retain experts in fields such as cybersecurity, engineering, or
570
+ in other high-demand fields. Special payment authorities allow
571
+ agencies to pay higher wages, help pay off student loans, and
572
+ provide other incentives. In December 2017 we reported that
573
+ fewer than 6 percent of employees at 27 agencies reviewed
574
+ received special payments. Agencies reported that incentives
575
+ were helpful, but the extent of impacts was not known, and the
576
+ Office of Personnel Management (OPM) has not assessed how the
577
+ authorities help improve recruitment and retention. Similarly,
578
+ agencies have multiple hiring authorities but afford
579
+ flexibility in the hiring process.
580
+ In August 2016 we reported on 105 hiring authorities.
581
+ Among the most used authorities was direct hire, which allows
582
+ agencies to fill positions that have a severe candidate
583
+ shortage or a critical need such as for STEM personnel. OPM and
584
+ agencies have not analyze the effectiveness of such hiring
585
+ authorities. GAO made six recommendations to OPM to assess and
586
+ improve the use of pay and hiring authorities, and OPM is in
587
+ varying stages of implementation.
588
+ For the third area, our work has identified several
589
+ factors that, if left unaddressed, may negatively influence
590
+ agencies' ability to attract, hire, and retain a diverse,
591
+ highly skilled science and technology workforce. For example,
592
+ we reported last year that individuals who experience sexual
593
+ harassment at work are more likely to leave their jobs. We've
594
+ made recommendations to agencies to improve implementation of
595
+ their policies and procedures to prevent and address sexual
596
+ harassment both in their own workforce and also at the
597
+ university level as Federal research grant recipients can be
598
+ important part of the pipeline for the future Federal
599
+ workforce.
600
+ In April 2019 we reported that while selected agencies we
601
+ reviewed had taken various actions to help achieve the
602
+ objectives of their scientific integrity policies, additional
603
+ actions were needed. Here, we made 10 recommendations to six
604
+ agencies to address various issues, including developing
605
+ procedures to identify and address scientific integrity policy
606
+ violations.
607
+ In closing, science and technology is integral to how
608
+ agencies execute their mission. The Federal Government's
609
+ success in attracting, hiring, and retaining a world-class
610
+ science and technology workforce is tied to how it effectively
611
+ and strategically utilizes the wide range of available
612
+ authorities and other resources. As science and technology
613
+ continues to rapidly evolve, so too must the government's
614
+ recruitment and retention efforts. How the government responds
615
+ or doesn't to face its human capital challenges today will have
616
+ lasting effects for the future workforce it needs.
617
+ Chairman Foster, Ranking Member Obernolte, and Members of
618
+ the Subcommittee, this concludes my statement. I would be
619
+ pleased to respond to any questions you may have.
620
+ [The prepared statement of Ms. Wright follows:]
621
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
622
+
623
+ Chairman Foster. Thank you very much for that. And thank
624
+ you for all the work that you and the GAO does, you know, every
625
+ year for us.
626
+ So reading over your written testimony earlier reminded me
627
+ of how important it is to have you around for--to lengthen the
628
+ attention span of the U.S. Congress.
629
+ And so next is Mr. Stier.
630
+
631
+ TESTIMONY OF MR. MAX STIER, PRESIDENT AND CEO,
632
+
633
+ PARTNERSHIP FOR PUBLIC SERVICE
634
+
635
+ Mr. Stier. Thank you, Chairman Foster and Ranking Member
636
+ Obernolte and all the Members of the Subcommittee. It is
637
+ tremendous to see the bipartisan approach that you've taken to
638
+ such a vital issue. Your Committee staff has done an
639
+ exceptional job at laying out the problem, and I thought I
640
+ would take my time to talk about why the problem exists and
641
+ offering a few recommendations about what you can do about it.
642
+ Starting with why the problem exists, if we don't
643
+ understand that in the right way, we'll never solve it. And
644
+ there are five big reasons that I would focus on in terms of
645
+ the problems that are facing recruiting and hiring top-tier
646
+ STEM talent begins with the fact that the Federal brand itself
647
+ has been damaged. Government shutdowns, hiring freezes,
648
+ negative rhetoric, political interference in science have all
649
+ tarnished that brand.
650
+ No. 2, opportunities for young people are hidden and
651
+ scarce. You can see this from one devastating statistic. Just 4
652
+ percent of new hires in the Federal Government are drawn from
653
+ Federal programs employing current students and recent
654
+ graduates. The talent doesn't know about the opportunities, and
655
+ therefore, they can't even pursue them.
656
+ No. 3 and really important, the hiring process is deeply
657
+ broken. The barriers to entry are many. I can take my entire 5
658
+ minutes and many more on this issue. One stat that has already
659
+ been cited is that it takes nearly 100 days to hire people on
660
+ average, which is more than double what you would see in the
661
+ private sector, but the barriers are way more diverse and
662
+ problematic than that.
663
+ And No. 4, very important here, even when people are hired
664
+ into the STEM field, we aren't retaining that talent once
665
+ recruited. The full-time employees under 30 who voluntarily
666
+ quit the Federal Government, nearly 3/4 of them have only been
667
+ there for 2 years. One of the key reasons for this is that
668
+ we're not creating an environment that is welcoming, that grows
669
+ them. We see that in our Best Places to Work employee
670
+ engagement scores, which are 15 points below in the Federal
671
+ Government than they are in the private sector.
672
+ And finally, clearly, diversity in STEM is a real issue in
673
+ the general workforce and a very prominent one in the Federal
674
+ Government itself. So now we need to do more than just admire
675
+ this problem. We need to actually do something about it. So
676
+ here are 10 quick ideas that I can extend on if they are
677
+ interested in the question-and-answer period.
678
+ No. 1, it begins with leadership. We need to create high
679
+ expectations of Federal leaders to own this problem, and that
680
+ includes in Congress the work that you're doing is fundamental.
681
+ We have a public sector leadership model. What does it look
682
+ like to be a leader in government, and I would advise that this
683
+ Committee and Congress more general hold executives to that
684
+ model. There's also in terms of accountability our Best Places
685
+ to Work rankings around effective leadership. And finally, I
686
+ would say we ultimately need to reduce the number of political
687
+ appointees, and that would make a big difference.
688
+ No. 2, we need to promote the government's mission, and
689
+ this is something that NASA (National Aeronautics and Space
690
+ Administration) has done very well as an example with their
691
+ custom-built career website that includes video stories and
692
+ great things that NASA people are doing. We have our Service to
693
+ America medals. We need to tell the stories that will then
694
+ encourage others to follow.
695
+ No. 3, we need to improve recruiting and hiring, again,
696
+ lots to be done here, but the beginning point is to enact the
697
+ civil service recommendations from the final report of the
698
+ National Commission on Military, National, and Public Service.
699
+ They did a tremendous job. That stuff is ready to go.
700
+ No. 4, we need to get young people in government, and one
701
+ of the key ways to do that is to have internships be the
702
+ primary mechanism of bringing them in. Government doesn't use
703
+ internships nearly enough, paid internships, and there's more
704
+ that can be done.
705
+ No. 5, we need to promote innovative talent models.
706
+ Partnership has the cyber talent initiative where we work with
707
+ several companies, MasterCard, Microsoft, Workday, and a dozen
708
+ Federal agencies to create a 2-year special fellowship for top
709
+ talent in cyber to come into government. Those kinds of special
710
+ channels work, and we need to invest in more of them.
711
+ No. 6, we need to overhaul the pay and classification
712
+ system. Think about it, the pay system we use today was
713
+ designed in 1949. No private sector company is in business
714
+ today operating under the same system as it did 70 years ago
715
+ with respect to compensation. It doesn't work.
716
+ No. 7, we need to invest in the H.R. workforce and create
717
+ a governmentwide STEM human capital strategy. It's one
718
+ government and yet it operates vertically, not good enough.
719
+ No. 8, we need to create a culture that embraces
720
+ technology, innovation, and collaboration. The pandemic has
721
+ created lots of innovation. It should serve as a future model
722
+ of how government can operate, lots to talk about there.
723
+ Nine, I mentioned DEI has to be a key part of this
724
+ workforce strategy: diversity, equity, and inclusion (DEI) at
725
+ all levels, including the leadership in government.
726
+ And number 10, we need your continued oversight. This
727
+ ought to be an annual hearing. We ought to learn from agencies
728
+ across the board, and you need to visit agencies and see what
729
+ they're doing. There's great things that are going on.
730
+ And finally, help with the government brand by telling
731
+ great stories about what's happening. Thank you so much.
732
+ [The prepared statement of Mr. Stier follows:]
733
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
734
+
735
+ Chairman Foster. And thank you. And I think your--the last
736
+ thing--or second to last thing you said was spot on. The
737
+ importance of having Members of Congress visit the agencies,
738
+ you know, one of my biggest activities in Congress as the Co-
739
+ Chair of the National Labs Caucus where I drag Members of
740
+ Congress around to visit the Department of Energy national
741
+ labs, which is--you know, they are without exception just blown
742
+ away with the tremendous science that's being done there. And
743
+ equally important would be in-person visits to all of the
744
+ science operations in all of our Federal agencies, so I
745
+ definitely agree with that.
746
+ And so next is Dr. Rosenberg.
747
+
748
+ TESTIMONY OF DR. ANDREW ROSENBERG,
749
+
750
+ DIRECTOR OF THE CENTER FOR SCIENCE AND DEMOCRACY,
751
+
752
+ UNION OF CONCERNED SCIENTISTS
753
+
754
+ Dr. Rosenberg. Thank you, Chairman Foster and Ranking
755
+ Member Obernolte and Members of the Subcommittee. My name is
756
+ Andrew Rosenberg, and I direct the Center for Science and
757
+ Democracy at the Union of Concerned Scientists.
758
+ Federal scientists are on the frontlines of our Nation's
759
+ capability to respond to society's needs from forecasting
760
+ natural disasters to natural resource management to responding
761
+ to pandemics, and federally funded basic research that enables
762
+ scientific discovery and innovation is critical to economic
763
+ growth, employment, and sustainable development. All science-
764
+ based agencies from the Defense Department to NASA to the
765
+ Departments of Agriculture, Commerce, and Energy depend on a
766
+ strong, continuously renewed scientific workforce.
767
+ The last 4 years have seen a significant reduction in the
768
+ scientific workforce at many Federal agencies. Our report with
769
+ the Federal brain drain found that five of the seven agencies
770
+ we analyzed collectively lost more than 1,000 scientific staff.
771
+ Few agencies fared worse than the Environmental Protection
772
+ Agency. In the last 4 years EPA lost nearly 6 percent of its
773
+ workforce and more than 670 staff, including in regional
774
+ offices, especially in the West, Southwest, and Midwest.
775
+ For some agencies, growth stagnated. The CDC (Centers for
776
+ Disease Control and Prevention) lost 187 scientific staff prior
777
+ to the pandemic. That's a loss of 2.2 percent. Now, we
778
+ recognize that demography was part of the driving force of this
779
+ loss, but the inflow of new talent was squeezed as well.
780
+ Fellowships were curtailed and recruitment was stagnant.
781
+ Morale matters, too, for retention, recruitment, and
782
+ productivity. We tracked more than 119 instances of attacks on
783
+ science during the Trump Administration, far outnumbering
784
+ previous Administrations. When we surveyed more than 4,000
785
+ Federal scientists in 2018, 80 percent of respondents said they
786
+ noticed workforce reductions and nearly 90 percent reported
787
+ that these losses made it difficult to fulfill their missions.
788
+ And at the EPA fewer than 15 percent of surveyed scientists
789
+ reported their morale is excellent or good.
790
+ In January, the Biden Administration issued a key
791
+ memorandum on restoring trust to government agencies through
792
+ scientific integrity and evidence-based policymaking. That's an
793
+ important step for restoring morale but more is needed.
794
+ Representative Tonko has reintroduced the Scientific Integrity
795
+ Act, which would codify in statute the prevention of political
796
+ interference or manipulation of scientific evidence.
797
+ The Administration and Congress need to rebuild and
798
+ strengthen Federal science--scientific capacity, diversify the
799
+ scientific workforce, and revitalize the pipeline that brings
800
+ early career scientists into civil service. Specifically,
801
+ increasing fellowship programs such as the management--
802
+ Presidential Management Fellowship, the STAR, the Sea Grant,
803
+ the Oak Ridge programs bring new talent to agencies, but they
804
+ have been curtailed and need to expand again.
805
+ New fellowship programs should be created that tackle
806
+ other science-related issues such as climate change or equity
807
+ in environmental justice. And to diversify the workforce,
808
+ agencies must also ensure that recruitment is broader and
809
+ compensation resources and benefits for fellows are sufficient
810
+ for those with economic challenges, not just the privileged
811
+ few.
812
+ Recruitment must reach new audiences and counteract the
813
+ tendency for hiring managers to recruit from a known set of
814
+ institutions again and again. Every effort should be made to
815
+ recruit by hosting far more events at historically Black,
816
+ Hispanic, and tribal institutions. The Administration must
817
+ learn from private and nonprofit sectors about recruiting
818
+ tools. Job fairs and other techniques must target a wider array
819
+ of institutions than in the past and account for historical
820
+ disparities in recruitment and hiring. And agencies must learn
821
+ to work effectively with institutions unaccustomed to steering
822
+ students toward civil service. If you want to see how outdated
823
+ the recruitment system is, just have a look at USA Jobs, the
824
+ website that we currently use.
825
+ Reaching scientific capacity quickly will require not only
826
+ recruiting and hiring to fill vacancies but also re-engaging
827
+ with those that have retired from Federal service to regain
828
+ lost knowledge, experience, and expertise. Federal agencies
829
+ must train mid- and senior-level scientists in leadership of
830
+ diverse staffs. Effective science leaders and mentors are not
831
+ necessarily those who publish the most papers or have been in
832
+ service the longest. These are learned skills critical for the
833
+ effectiveness of any enterprise. And young scientists today are
834
+ used to changing jobs and career paths frequently, so the civil
835
+ service must evolve accordingly. More extensively utilizing
836
+ programs for rotating assignments, remote work, joint
837
+ appointments, and joint institutes increases career
838
+ flexibility.
839
+ I appreciate the opportunity to share my views, and I'd be
840
+ happy to answer any questions. Thank you.
841
+ [The prepared statement of Dr. Rosenberg follows:]
842
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
843
+
844
+ Chairman Foster. I have to unmute. Thank you. And next is
845
+ Dr. Southerland.
846
+
847
+
848
+
849
+ TESTIMONY OF DR. ELIZABETH SOUTHERLAND,
850
+
851
+ FORMER DIRECTOR OF SCIENCE AND TECHNOLOGY,
852
+
853
+ OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY
854
+
855
+ Dr. Southerland. Thank you. Chairman and Ranking Member
856
+ and distinguished Members of the Subcommittee, I had the
857
+ privilege of working at EPA from 1984 until August of 2017.
858
+ With my Ph.D. in environmental sciences and engineering, I
859
+ worked first as a scientist and then as a manager of scientists
860
+ in the EPA's water and superfund programs. Thank you for the
861
+ opportunity to testify today.
862
+ While I know that EPA currently has a dedicated team of
863
+ knowledgeable, highly qualified career professionals, today's
864
+ staffing levels are the lowest they have been in 30 years. In
865
+ addition, several hundred career scientists have reported over
866
+ the past 2 years that their research findings were altered or
867
+ suppressed for other than technical reasons.
868
+ As a result, I believe the complex environmental
869
+ challenges of the 21st century cannot be successfully addressed
870
+ unless Congress and the Administration work together to
871
+ significantly increase EPA's staff levels, and EPA leadership
872
+ rebuilds the morale of the workforce.
873
+ Since my retirement, I've been a member of the
874
+ Environmental Protection Network, a bipartisan organization of
875
+ EPA alumni volunteering their time to protect the integrity of
876
+ EPA and its mission. I am here, however, in my personal
877
+ capacity.
878
+ EPA has experienced years of declining resources with
879
+ significant loss of buying power and reductions in staff
880
+ despite the fact that congressionally mandated responsibilities
881
+ have increased substantially over that time. In terms of
882
+ inflation-adjusted dollars, Administrator Regan will have 1/2
883
+ the resources that the agency had in 1980.
884
+ In 2013 and 2014 the Obama Administration gave early out
885
+ retirements to certain senior scientists in order to reduce
886
+ grade levels and the dollars for full-time equivalent (FTE)
887
+ employees. EPA had not backfilled all of those vacated
888
+ positions when the Trump Administration began. Former President
889
+ Trump requested huge cuts in the agency staff every year, and
890
+ his administrators did not authorize any significant hiring
891
+ until 2020. By 2020, over 670 career scientists had left EPA.
892
+ While Congress rejected President Trump's requested budget
893
+ cuts, the Agency's appropriations were basically flatlined
894
+ during these 4 years, further exacerbating the decline in
895
+ buying power.
896
+ I can tell you from personal experience that managers and
897
+ staff in the EPA are doing everything they can to compensate
898
+ for the critically low staff levels, while also struggling with
899
+ out-of-date information technology and lack of cutting-edge
900
+ scientific equipment.
901
+ The lack of staff and resources has forced EPA to focus
902
+ primarily on those rules with statutory or court-ordered
903
+ deadlines. Rules without deadlines, no matter how important for
904
+ public health and environmental protection, are often postponed
905
+ for years or take years to propose and promulgate. One recent
906
+ example of such a delayed rule is the Safe Drinking Water Act's
907
+ lead and copper rule, which was not updated for almost 30
908
+ years, despite the high risk lead poses to our children.
909
+ In order to fully restore the workforce, the new
910
+ Administration should work with Congress to get agreement on a
911
+ 4-year goal to rebuild EPA's budget to its 40-year average
912
+ level. This goal would represent a 40 percent increase from
913
+ 2021 funding levels.
914
+ Another key opportunity to restore the workforce is for
915
+ the new EPA leadership to reinstate the collaborative working
916
+ relationship with career staff that was lost during the Trump
917
+ Administration. The new leaders should also move quickly to
918
+ identify priority hires for entry-level and senior-level
919
+ scientists, to use all available authorities to speed hiring,
920
+ and invest in a hiring campaign over multiple years that's
921
+ focused on hiring 1,000 of the best, brightest, diverse STEM
922
+ graduates. They must also strengthen staff development and
923
+ strengthen partnerships with EPA bargaining units.
924
+ In conclusion, it is my hope Congress will take concrete
925
+ steps to provide the necessary funds to rebuild the staff and
926
+ core programs and to support critical new initiatives
927
+ addressing climate change and environmental justice. I look
928
+ forward to answering your questions.
929
+ [The prepared statement of Dr. Southerland follows:]
930
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
931
+
932
+ Chairman Foster. Well, thank you. Thank you all. And at
933
+ this point we'll begin our first round of questions. So the
934
+ Chair will recognize himself for 5 minutes.
935
+ Before we get started, I have statements here from the
936
+ American Federation of Government Employees, Local 3403,
937
+ representing NSF employees in STEM fields, and from the Climate
938
+ Science Legal Defense Fund to be entered into the hearing
939
+ record. Without objection, so ordered.
940
+ I guess, you know, I concur with, I guess, all of our
941
+ witnesses here that the Federal Government needs to embrace a
942
+ more innovative and proactive approach in hiring and
943
+ recruitment efforts, especially for young and diverse
944
+ scientists. You know, there are really I think a real hunger
945
+ among this generation of scientists coming out of the--our
946
+ educational system to do something in public service. And
947
+ they're--they really--you know, this is something I've had many
948
+ discussions with about--professors. They said you should have a
949
+ job fair or something like that to--you know, just to make this
950
+ generation of scientists aware of the really tremendous
951
+ opportunities.
952
+ And I think it's also underappreciated how influential an
953
+ excellent scientist can be with a career at least partly in the
954
+ Federal science oversight business because you have--you know,
955
+ you have a tremendous influence that's not often appreciated
956
+ even by the scientific community. And so this is really for--I
957
+ guess for everyone on the panel. And how can things like job
958
+ fairs enhance fellowship programs, streamline hiring
959
+ procedures, and reduction of bureaucratic obstacles? What are
960
+ the most promising initiatives here to really accelerate the
961
+ rebuilding of the scientific workforce?
962
+ Mr. Stier, it looked like you were full of ideas here, so
963
+ we'll start with you.
964
+ Mr. Stier. You're very kind. Chairman Foster, I think it's
965
+ an excellent question, and my advice would be to not think
966
+ about this as an individual intervention but rather think about
967
+ a comprehensive strategy. The reality is is the system is
968
+ breaking down along multiple points, and unless you actually
969
+ deal with the full set of system failings, you'll wind up maybe
970
+ improving the situation but ultimately running into another
971
+ barrier simply further down the pike.
972
+ So absolutely career fairs are great if they're done at
973
+ the right time. Oftentimes, Government comes in the spring
974
+ rather than the fall when a lot of talent is actually thinking
975
+ about what they want to do. But if the people coming to those
976
+ fairs or even people more broadly at the university haven't
977
+ been introduced to the opportunities that exist in government,
978
+ if they're instead thinking about a brand that has been
979
+ tarnished, then you haven't helped yourself a lot. If the
980
+ process of hiring is so difficult that even if they're
981
+ interested once they get to the career fair they're turned
982
+ away, that's a big problem. If they ultimately get hired and
983
+ they leave quickly, then you simply created a bad brand for the
984
+ broader set of peers that they have.
985
+ So I think it's really important to be comprehensive in
986
+ thinking about how to put your arms around this problem and to
987
+ see it as a governmentwide issue for the STEM occupations and
988
+ to create that governmentwide strategy that individual agencies
989
+ can participate in but that they can collaborate in. Certainly,
990
+ there are things you can do in the meanwhile, but I think if
991
+ you really want to move the needle and recognizing the world is
992
+ changing, you need to actually address all those pain points
993
+ along the lifecycle of bringing talent in and keeping it.
994
+ Chairman Foster. Yes. Dr. Rosenberg?
995
+ Dr. Rosenberg. I certainly agree with that. I also think
996
+ that we sometimes--we hurt ourselves with the rhetoric that's
997
+ used around working for the Federal Government. It is really
998
+ public service, and you get to do great science with great
999
+ colleagues, but we need to help people understand that it
1000
+ really is a public service job. You are serving the country.
1001
+ I also think we sometimes hurt ourselves by implying that
1002
+ there is a reduced pipeline. There actually isn't a reduced
1003
+ pipeline, and it is very diverse, but we don't recruit fully
1004
+ from that pipeline. So I mentioned recruiting from minority-
1005
+ serving institutions, for example. There are literally
1006
+ thousands of engineers, you know, Black engineers--we work with
1007
+ the Society for Black Engineers who work with a lot of
1008
+ historically Black colleges and universities. There are many,
1009
+ many highly trained engineers and other STEM fields across the
1010
+ country, but we're not reaching them because we go back to the
1011
+ same places to look for staff over and over and over again.
1012
+ And then, as the Ranking Member noted, our recruitment
1013
+ methods and onboarding procedures are really archaic. And I
1014
+ know this as a government management from years ago. I also
1015
+ know it from my students when I was in academia subsequent to
1016
+ that. You know, the mechanisms for bringing people onboard
1017
+ erect so many barriers that by the time a real offer is in
1018
+ place, then they've had other offers if they're really
1019
+ excellent talent and really want to move forward.
1020
+ So a lot of these are self-inflicted wounds. It's not
1021
+ because there aren't people. There is a very diverse workforce
1022
+ that we could bring onboard. It's just we're not doing it
1023
+ effectively.
1024
+ Chairman Foster. Thank you. And I guess my time is up, so
1025
+ I'll now recognize Mr. Obernolte for 5 minutes.
1026
+ Mr. Obernolte. Well, thank you very much. And thank you to
1027
+ all of our witnesses. This has been a fascinating discussion.
1028
+ My first question is for Dr. Rosenberg. In your testimony
1029
+ you implied a causal relationship between the policies of the
1030
+ Trump Administration and the declines in scientific staffing at
1031
+ the EPA. And you mentioned the statistic that the scientific
1032
+ workforce at the EPA declined by 3.9 percent during the Trump
1033
+ Administration, but looking at a broader set of statistics,
1034
+ between 2009 and 2020, the scientific workforce at the EPA
1035
+ declined by about 16.6 percent. So on an annualized basis,
1036
+ those declines were higher during the Obama Administration than
1037
+ they were during the Trump Administration.
1038
+ Now, I don't find that comforting. I find that alarming
1039
+ because that tells me that this wasn't an isolated incident
1040
+ just tied to the policies of one Administration. This is a
1041
+ long-term trend. So, I mean, do you share that concern? Is this
1042
+ isolated or is this long-term trend that we need to be
1043
+ concerned with?
1044
+ Dr. Rosenberg. Well, I do share the concern that it's a
1045
+ long-term trend, and I did only very briefly mention the role
1046
+ of demographics in the staffing at agencies. So several things
1047
+ have happened at once, and I firmly believe that the policies
1048
+ of the Trump Administration, if you like, harmed the brand in
1049
+ those terms. But we also have many scientists of my generation
1050
+ if you like--I'm going to be 66 in a month or so--that are
1051
+ going to leave the workforce anyway. The question is do you
1052
+ replace them or do you replace them only with contractors? And
1053
+ so many previous Administrations have shifted to using contract
1054
+ staff. And while that in some cases can be efficient and it
1055
+ might be short-term cost-effective, it actually doesn't help
1056
+ build the strength of an agency to do the long-term work
1057
+ because contractors are always looking for the next opportunity
1058
+ or more permanence. And so this is a long-term trend with
1059
+ multiple factors involved.
1060
+ Now, the Trump Administration isn't the only
1061
+ Administration that has had challenges on certain issues
1062
+ related to things like scientific integrity, the ability of
1063
+ scientists to do their work without political manipulation or
1064
+ censorship, but it was a more extreme circumstance. So all of
1065
+ those combining factors I think are things that need to be
1066
+ addressed to try to stabilize and improve the workforce. Now,
1067
+ that doesn't mean that every scientist coming in will be a 30-
1068
+ year Federal employee because that's not the way people go into
1069
+ their jobs these days. So we need to think of alternative ways
1070
+ for people to move in and out of government. And I happen to be
1071
+ one person who has moved in and out of government, and it's
1072
+ possible but difficult.
1073
+ Mr. Obernolte. Great. Thank you. I completely agree with
1074
+ you.
1075
+ And just following up on that, a question for Mr. Stier.
1076
+ You said something that I found absolutely fascinating about
1077
+ how we need to rebuild the Federal brand and make sure that our
1078
+ Federal branding is helping us recruit the talent that we need
1079
+ to. And I think Dr. Rosenberg just mentioned something along
1080
+ that same line. So I kind of think that we miss out sometimes
1081
+ on the opportunity to, as Dr. Rosenberg said, play up the fact
1082
+ that we are in the business of public service, so in addition
1083
+ to being able to do great science, we get the opportunity to
1084
+ serve our fellow constituent, you know, in ways that are
1085
+ impossible to do in academia and in the private sector.
1086
+ So I just wanted to give you the balance of my time to
1087
+ talk about how we might go about restoring that brand and
1088
+ burnishing that brand because I think it's extremely important.
1089
+ Mr. Stier. Thank you so much, and I think you're 100
1090
+ percent right. If you look at the data, our Best Places to Work
1091
+ rankings, what you'll see, as I mentioned earlier, that
1092
+ relative to the private sector, the employee engagement scores
1093
+ are on average 15 points lower in the Federal Government than
1094
+ they are in the private sector. But if you look at the mission
1095
+ commitment, it's the one place where the Federal workforce
1096
+ wherever you are, NASA, NOAA, NIST (National Institute of
1097
+ Standards and Technology), it just beats the private sector
1098
+ in--with a very big margin.
1099
+ The government has something very special, and it's the
1100
+ reasons why you're all here as well is the ability to serve the
1101
+ American public, purpose, mission, and that mission is really
1102
+ the basis for an incredible value proposition. If you wanted--
1103
+ you look at, bluntly, the contractor firms, they try to present
1104
+ their mission as what the government should be doing. You're
1105
+ serving the American public, that's why you're here and on and
1106
+ on. So the government is not utilizing its core value
1107
+ proposition, and it needs to do that in a concentrated way. And
1108
+ part of the way it can do that is by telling the story of its
1109
+ own workforce. You think about the amazing people helping the
1110
+ American public in extraordinary ways, innovative ways. Those
1111
+ stories don't go out to the public. They don't even go out to
1112
+ the broader workforce inside the Federal Government. We do not
1113
+ have a recognition culture in government. There's a lot of
1114
+ infrastructure to find a problem, not a lot of infrastructure
1115
+ to find the good things. You actually build more strength and
1116
+ deal with your weaknesses if you have an upside and if you
1117
+ create that recognition culture. So that's where I would begin.
1118
+ Begin from the core strength around mission and around the
1119
+ achievements of the people that are there. Stories matter, and
1120
+ the government has a lot of them that we need to tell better.
1121
+ Mr. Obernolte. Right, thank you. I completely agree. And
1122
+ just to tie into my opening, I think we need to be more
1123
+ entrepreneurial in our approach to recruiting top talent. We
1124
+ are never going to be able to compete in terms of salary with
1125
+ institutions in the private sector, but we do have a unique
1126
+ advantage in the mission that we fulfill, and I think that's
1127
+ why we're all in government is this desire to serve our fellow
1128
+ man.
1129
+ So I want to thank you to all of our witnesses. It's been
1130
+ a fascinating discussion.
1131
+ Chairman Foster. Thank you. And I will now recognize our
1132
+ colleague from Colorado, Mr. Perlmutter, for 5 minutes.
1133
+ Mr. Perlmutter. Thanks, Mr. Chairman. And the Ranking
1134
+ Member, I appreciate the comments of both of you. And just a
1135
+ point, Mr. Obernolte said, you know, competition against the
1136
+ private sector, competition against academia, there's also
1137
+ competition with foreign governments. And we can't forget that.
1138
+ And I'll get back to that in a second.
1139
+ But my first question is to you, Director Wright and to
1140
+ you, Dr. Rosenberg. You talked about contractors. And in my
1141
+ area we have the National Renewable Energy Lab, we have NIST
1142
+ labs, we have all sorts of labs, and we've seen the contractor
1143
+ population really grow. Is there a reason for that in terms of
1144
+ the law or what is it that's driving this move from civilian
1145
+ employment to contractor employment if you could? And start
1146
+ with you, Director Wright.
1147
+ Ms. Wright. Thank you for that question, Congressman
1148
+ Perlmutter. So I would say that, you know, with regard to
1149
+ contractors, there could certainly be a more lucrative
1150
+ opportunity financially that they may see, you know, working in
1151
+ a contracting--contractor environment rather than in the
1152
+ Federal Government.
1153
+ You know, our work certainly has shown, you know, that you
1154
+ really have to have good practices in place to retain employees
1155
+ so that they will feel a commitment to the mission, commitment
1156
+ to the work, and not necessarily, you know, just be focused on
1157
+ the financial aspects. You know, there is certainly the
1158
+ opportunity to really hone in on what the function of the
1159
+ government's mission is for the employees, and they might then,
1160
+ you know, consider Federal employment rather than, you know,
1161
+ pursuing opportunities with a contractor.
1162
+ But I think Dr. Rosenberg had touched on the contractor
1163
+ issue, so I'll defer to him for additional comments.
1164
+ Mr. Perlmutter. OK. Thank you.
1165
+ Dr. Rosenberg. Thank you for the question, Congressman. I
1166
+ think there's a number of factors at play. Every Administration
1167
+ that I've been involved in, which is, you know, the last--going
1168
+ back to the first Bush Administration when I was in Federal
1169
+ Government beginning my Federal service--has wanted to be able
1170
+ to point to statistics showing that they've decreased the size
1171
+ of government. And one way you do that is you have fewer full-
1172
+ time employees but you replace them with contractors. And so
1173
+ there's a political reason here I would say, although you're a
1174
+ better judge of that than I am.
1175
+ There also is a reason around the concern for pension
1176
+ obligations of course and for flexibility in staff as budgets
1177
+ go up and down, and so stability and agency budgets is an
1178
+ important part of this as well.
1179
+ And more importantly every other sector, including the
1180
+ nonprofit sector and certainly the for-profit sector, is sort
1181
+ of thinking about jobs as what are the things that we need to
1182
+ do and we know we're going to need to do tomorrow and we're
1183
+ going to need to do in the long-term, and what are those things
1184
+ that are shorter-term and we need more flexibility to do them?
1185
+ And the government often doesn't do that.
1186
+ So you hire more contractors at places like national labs
1187
+ and within the agencies even for long-term tasks because you're
1188
+ not allowed to bring on full-time employees under the hiring
1189
+ system because of the way that budgets are constructed and FTEs
1190
+ are allocated. And that does cause real problems because those
1191
+ scientists are going to look for more stable opportunities, and
1192
+ I know many young scientists who come in as contractors, and
1193
+ that unfortunately is their situation. They're always looking
1194
+ elsewhere.
1195
+ Mr. Perlmutter. All right. Thank you. Let me ask one more
1196
+ question of Mr. Stier. I noticed that you worked for Jim Leach,
1197
+ and then you clerked for a Judge of the Second Circuit and the
1198
+ Supreme Court and you also touted internships. So do you want
1199
+ to expand on why you think internships or clerkships are
1200
+ important for recruiting talent?
1201
+ Mr. Stier. Absolutely. And if I could for 2 seconds I just
1202
+ want to add that on the contractor point it's often a
1203
+ workaround. If the hiring system is broken, the only way you
1204
+ can get your talent is through contracting. It's obviously not
1205
+ the right motivation, but it's really important to understand
1206
+ that so much in government is about working around a crazy
1207
+ system, and this is an example of it.
1208
+ Internships, to your question, is a very important issue.
1209
+ If you look at any knowledge-based organization in our country,
1210
+ they get their entry talent primarily through internships.
1211
+ That's true whether it's in the law like you just mentioned.
1212
+ It's true if you work on the Hill. It's true if you're an
1213
+ economist. It's true everywhere. That's not true in the
1214
+ executive branch, and that's a big problem. By and large,
1215
+ interns are not seen as a core piece or the core piece of the
1216
+ entry pipeline in the Federal Government, and if anything, the
1217
+ number of folks that are converting from internships into full-
1218
+ time employees has been--is being reduced.
1219
+ Some of this has to do with the fact that, again, leaders
1220
+ don't own this, they don't see it as their responsibility, and
1221
+ as a result, they're not focused on the longer-term pipeline
1222
+ that they ought to be paying attention to. Some of it is just
1223
+ bad rules.
1224
+ Mr. Perlmutter. Mr. Stier, sorry, my time is expired. I
1225
+ appreciate--I'm going to probably send you a note wanting you
1226
+ to expand on the internships. Thank you, Mr. Chair, for that
1227
+ extra time. I yield back.
1228
+ Chairman Foster. Thank you. And we will now recognize our
1229
+ colleague from Texas, Mr. Sessions, for 5 minutes.
1230
+ Mr. Sessions. Mr. Chairman, thank you very much,
1231
+ interesting discussion. I don't believe I have a different
1232
+ perspective than any of the other Members here, nor do I think
1233
+ I have a different perspective, but I'd like to throw some
1234
+ things in that simply acknowledge the parameters that we've
1235
+ been talking about. I am well aware that we either made a
1236
+ mistake or we did not when we made the R&D (research and
1237
+ development) tax credit permanent. That meant that companies
1238
+ that could not count on their R&D budget being a part of their
1239
+ regular write-off as an expense changed overnight, and
1240
+ companies began hiring long-term employees. That competed
1241
+ against a lot of universities, against a lot of medical
1242
+ institutions because the Federal Government does not in my
1243
+ opinion pay anything that would be an end-of-year bonus that
1244
+ competes with stock options or other things that other people
1245
+ provide.
1246
+ My point is is that we've got institutions, medical
1247
+ institutions, we've got other areas, universities that just
1248
+ bust their hump to get what they need. And the numbers of
1249
+ people that are out there who are qualified is the issue.
1250
+ And that's why I think, as I recall Ed, Dr. Bera, perhaps
1251
+ you, too, have been involved in science-based projects back in
1252
+ junior and senior high levels, Odyssey of the Mind, these robot
1253
+ competitions, things that bring people to science in 7th, 8th,
1254
+ 9th, 10th grade with equivalent feel-good success stories that
1255
+ continued them through this process.
1256
+ My son, who's now 31, went to one of the leading-edge
1257
+ institutions, private school, was a 35 out of 36 and was about
1258
+ midrange of his class. A number of people just--was a great
1259
+ school. He's the only one that chose to go into medicine.
1260
+ Everybody else chose to go where they could make money.
1261
+ And so the opportunities that we need to understand I
1262
+ think, yes, they're in internships. I do agree with that, but
1263
+ we also I think need to robustly have, Mr. Chairman, someone
1264
+ who can tell us about the pipeline, about the pipeline of the
1265
+ types of contests--yes, I said that word, but they might be
1266
+ generated through competitions that bring these leading-edge
1267
+ people to want to build something better and see what the
1268
+ competition is through--and some of it is just double E,
1269
+ electrical sciences, but I think we ought to hear from people
1270
+ who also do understand the pipeline, junior high, high school,
1271
+ but, you know, I also think that, as I went to the labs in New
1272
+ Jersey, I was on the hiring team, and I'll just tell you, we
1273
+ went to University of Chicago, we went to MIT (Massachusetts
1274
+ Institute of Technology), and we went to Caltech, and we honed
1275
+ our science of what we were after. And I think that these
1276
+ institutions produce leading-edge people. We just need more
1277
+ people in the pipeline.
1278
+ So I don't know if anybody, Elizabeth, you may have
1279
+ something on there. Andrew, you may have that--the young
1280
+ doctors that are here, but I really want to focus on the
1281
+ pipeline. Yes, we need to do a better job with the internships,
1282
+ but we really need to build the number of people who want
1283
+ science as opposed to us grinding each other down on the few
1284
+ that we get. Thank you, Mr. Chairman. I'll let panel take the
1285
+ remaining 2 seconds that I have.
1286
+ Chairman Foster. It seems like 40 seconds are sort of de
1287
+ rigueur here, so if anyone wants to grab 40 seconds, that's
1288
+ legit. All right. Dr. Rosenberg.
1289
+ Dr. Rosenberg. Thank you. And thank you for the question.
1290
+ I actually think that the pipeline is much bigger than people
1291
+ appreciate, but as you noted, Congressman, the--you know, if
1292
+ you go to the University of Chicago and MIT and Caltech and you
1293
+ keep going back to those places, you're only looking at a
1294
+ limited portion of the people who actually do STEM work.
1295
+ On the other hand, you know, Texas Southern has great
1296
+ engineering and science programs. All of the Houston schools
1297
+ actually, you know, train scientists. But many agencies and
1298
+ many scientists only go back to the places they know repeatedly
1299
+ or the places that they were trained, and that's a very natural
1300
+ tendency. But--and I've seen it in every institution that I've
1301
+ worked in. But it does us a disservice when you're trying to
1302
+ expand the opportunity for candidates across a much broader set
1303
+ of institutions to think that it's only the elite institutions
1304
+ that are training people who could do the job, and so that's
1305
+ part of it.
1306
+ Chairman Foster. I think the 40 seconds of forbearance are
1307
+ sufficient.
1308
+ Dr. Rosenberg. OK. Sorry. Sorry.
1309
+ Chairman Foster. Thank you. I'll now recognize our
1310
+ colleague from California, Dr. Bera, for 5 minutes.
1311
+ Mr. Bera. Great, thanks, Mr. Chairman. And this is
1312
+ fascinating and certainly a long-term challenge. You know, one
1313
+ idea that we've toyed with and, you know, as we think about the
1314
+ debate that's taking place around student debt and whether you
1315
+ retire student debts, I've always thought that, you know,
1316
+ instead of just retiring that student debt and forgiving it, we
1317
+ ought to use that as a mechanism to try to get folks to serve,
1318
+ whether that's, you know, coming to work in the Federal
1319
+ Government fulfilling critical needs or going out and doing
1320
+ service, you know, through some other mechanism like the Peace
1321
+ Corps, AmeriCorps, or other programs. And, you know, again, I
1322
+ don't know that we get any benefit of just forgiving $50,000 of
1323
+ loans or $100,000 of loans, but if we could get someone to come
1324
+ fill a critical need and perhaps they work for 4 years and you
1325
+ forgive $50,000 or $100,000 of loans. By that time they have
1326
+ seen what they can do in the Federal Government. You know,
1327
+ they're accruing retirement, they're doing some things, and
1328
+ hopefully you can get a cohort of those young Americans to
1329
+ continue to stay and consider a career in the Federal
1330
+ Government. So that's one thing. And I think we ought to work
1331
+ on that as a Subcommittee perhaps to address this critical need
1332
+ and, you know, do something in a bipartisan way.
1333
+ The second piece that, you know, we've thought a lot about
1334
+ is there is a talented workforce that has been serving our
1335
+ country in the military and in our armed services often doing
1336
+ high-level skills perhaps without a degree, but they're
1337
+ operating, you know, doing cybersecurity work, et cetera.
1338
+ They've learned on the job. When they leave the military, the
1339
+ challenge sometimes is we don't actually recognize and put a
1340
+ value on that skill set. I know most closely in the medical
1341
+ workforce where if folks are operating as EMTs (emergency
1342
+ medical technicians) and--but they don't actually have that
1343
+ formal degree, so now they come out, we don't actually provide
1344
+ a value to that. We may ask them to go back and get a 4-year
1345
+ college degree so then they can enter the workforce. I think it
1346
+ behooves us to think about ways to take some of these folks as
1347
+ they're exiting military service perhaps to figure out how to
1348
+ value that, bring them into government service, you know,
1349
+ provide some training while they, you know, continue to work,
1350
+ and I think that's also another potential pipeline of folks
1351
+ that, you know, have already demonstrated a commitment to
1352
+ serving the country and now, you know, we could do them a
1353
+ service by giving them a job, getting them--and perhaps while
1354
+ they're working, continue to upskill them.
1355
+ I guess, you know, to any of the panelists, you know,
1356
+ thoughts on, you know, whether the idea of student loan
1357
+ forgiveness, should----
1358
+ Ms. Wright. So----
1359
+ Mr. Bera. I guess Mr. Stier if you want to----
1360
+ Ms. Wright. OK.
1361
+ Mr. Bera [continuing]. You know, take that.
1362
+ Mr. Stier. Ms. Wright, do you want to go first, and then
1363
+ I'll go after you?
1364
+ Ms. Wright. OK. So I was just going to note that,
1365
+ certainly, the student loan repayment is one of the pay
1366
+ authorities that agencies are using, and they do say that
1367
+ it's--you know, in our work we've heard from agencies that they
1368
+ do say that it is working well. What we don't know is the
1369
+ extent to which it's working in terms of how long--you know,
1370
+ what does it say about how long people will stay at the agency,
1371
+ and so that's something that we've called on OPM to, you know,
1372
+ look at the effectiveness of these various pay authorities and
1373
+ to understand the extent to which it is working and making an
1374
+ impact in recruitment and retention.
1375
+ Mr. Stier. So just to follow up on Ms. Wright's comments
1376
+ there, there is authority. Agencies use it very unevenly and in
1377
+ my view not nearly enough. There's clearly more work, as Ms.
1378
+ Wright [inaudible] understand how effective is, but anecdotally
1379
+ we're seeing that this is a major deal for talent to be able to
1380
+ have their debt forgiven and by and large, again, there are
1381
+ very few agencies that use it to the extent they could.
1382
+ If you want to think about this even more ambitiously,
1383
+ you--I think there is room to create a program like the ROTC
1384
+ (Reserve Officers' Training Corps) program that the military
1385
+ has for the civilian side where you're actually getting talent
1386
+ to come in with that service payoff commitment. You're helping
1387
+ them pay for their education while they're getting it with the
1388
+ expectation then that they will come serve their country in the
1389
+ government. And we've done a bunch of work around this and
1390
+ would love to talk to you if you're interested in that as a
1391
+ concept.
1392
+ Mr. Bera. Absolutely. We will follow up on that.
1393
+ So anyone else in the last 18 seconds? Dr. Rosenberg?
1394
+ Dr. Rosenberg. Yes, I would just point out that many
1395
+ students that I talk to would like to go into public service,
1396
+ are more interested in the academic sector, which has become
1397
+ less attractive. And they want to do--you know, work for
1398
+ government because they want to make a difference, and it--you
1399
+ know, money is important, but there are huge barriers
1400
+ particularly for lower-income students to doing so, not only
1401
+ student loans but the ability to--for compensation on things
1402
+ like internships and fellowships, and that actually needs to be
1403
+ addressed so that you can, again, diversify the workforce but
1404
+ also just a bigger talent pool of people who can actually
1405
+ afford to take these opportunities.
1406
+ Mr. Bera. Great, thank you, Chair, and I yield back, Mr.
1407
+ Chairman.
1408
+ Chairman Foster. Thank you. And we will now recognize the
1409
+ Ranking Member of the Full Committee, Mr. Lucas from Oklahoma,
1410
+ for 5 minutes.
1411
+ Mr. Lucas. Thank you, Mr. Chairman. Ms. Wright, in your
1412
+ testimony you note that in October of 2020 GAO reported that
1413
+ various factors such as unclear job application processes, long
1414
+ wait lines for job offers have been identified as contributing
1415
+ to the Federal Government's workforce deficiencies in certain
1416
+ areas and job categories. Can you please elaborate on these
1417
+ findings and how they relate to the USA Jobs portal?
1418
+ Ms. Wright. Certainly, happy to take that question,
1419
+ Congressman. So I would say with regard to USA Jobs, it's
1420
+ certainly something that many people would say isn't the most
1421
+ user-friendly experience, and GAO actually did work, as you
1422
+ noted last year, looking at what steps OPM is taking to improve
1423
+ the website.
1424
+ Certainly, a couple of things that we identified is that
1425
+ they have really taken a step looking toward looking at using
1426
+ data analytics, using web analytics I should say to understand
1427
+ where their users are coming from but also, too, putting in
1428
+ place different features that would allow you to understand--
1429
+ allow the applicant, I should say, to understand, you know,
1430
+ what the status is of their application because that was
1431
+ something that they were getting a lot of calls on.
1432
+ There are other things that OPM is considering to help
1433
+ improve the experience with USA Jobs, which would include, you
1434
+ know, letting applicants know how many other applicants have
1435
+ applied and then also notifying applicants when jobs have been
1436
+ filled, so that's something that they're continuing to work on
1437
+ for the future. They recognize it's a problem, and are taking
1438
+ steps to try to improve the system.
1439
+ Mr. Lucas. Is it true that sometimes it can take an
1440
+ average of 90 days or more for new hires to be onboarded?
1441
+ Ms. Wright. We've certainly heard those average
1442
+ timeframes. I think one of the challenges is sort of
1443
+ understanding when one starts the clock for estimating the
1444
+ onboarding time. One of the things that we've heard is that is
1445
+ consistently a challenge is--and contributes to the delays are
1446
+ security clearances. That's something that GAO has reported on,
1447
+ you know, quite a bit in terms of the challenges with getting
1448
+ personnel security clearances on time, and we can see where
1449
+ that is contributing to delays in onboarding.
1450
+ Mr. Lucas. Mr. Stier, can you provide some insights on how
1451
+ this may be discouraging especially to recent graduates and
1452
+ early career researchers just entering the workforce?
1453
+ Mr. Stier. Yes, absolutely, I think it is a massive
1454
+ problem, and it's not only the time to hire which you've
1455
+ identified and it's a big problem. Great talent is going to
1456
+ have options, and they're going to take the option that is
1457
+ easier for them and more available than wait, especially when
1458
+ they don't know how long it's going to take. So there's no
1459
+ doubt that the government is losing out on a lot of talent.
1460
+ I would note that there are other problems beyond that,
1461
+ including the fact that 90 percent of the job searches involve
1462
+ simply the review of self-reported qualifications or the
1463
+ resume, not actual subject matter experts looking at their
1464
+ resumes and talking to people to determine if they are in fact
1465
+ best qualified for the jobs. And then 50 percent of the
1466
+ searches wind up getting sent back and never even actually
1467
+ used. This is a deeply broken problem. The front door of USA
1468
+ Jobs is the starting point, but then there are a series of
1469
+ issues where this process breaks down that also have to be
1470
+ addressed.
1471
+ Mr. Lucas. So it's fair to say that some of the brightest
1472
+ people in the country who may very well have many job
1473
+ opportunities, potential choices become essentially frustrated
1474
+ even at the very beginning, let alone before they become a part
1475
+ of the Federal process.
1476
+ Mr. Stier. Absolutely.
1477
+ Mr. Lucas. I can see why that would be so discouraging.
1478
+ Staying with you, Mr. Stier, for a moment, I know we
1479
+ discussed a variety of topics this morning, but you acknowledge
1480
+ that internships are a critical component of the talent
1481
+ pipeline and confirm that Federal agencies should strategically
1482
+ recruit and hire college students, but you also emphasize the
1483
+ benefits of reaching future scientists earlier in their lives.
1484
+ Can you touch for a moment about how STEM education and
1485
+ exposure to the work of Federal scientists provides fundamental
1486
+ experiences for students at an early age, perhaps maybe even in
1487
+ elementary school?
1488
+ Mr. Stier. Sure. And I think Congressman Sessions had it
1489
+ absolutely right that, you know, there is definite need for the
1490
+ Federal Government to do better in its recruiting and retaining
1491
+ top STEM talent, and we need to increase the pipeline more
1492
+ broadly for our country writ large. And the way you do that is
1493
+ starting earlier.
1494
+ I would say the role model here is NASA. You know, you
1495
+ hear from Charlie Bolden. You know, he participated--former
1496
+ NASA Administrator for 8 years, astronaut. He did stuff early
1497
+ on in his education. It's the way that the best-in-class
1498
+ organizations actually encourage and improve their brand is to
1499
+ touch people very early on, and there are great ways for the
1500
+ Federal Government to do that.
1501
+ Mr. Lucas. I'd say thank you to all of our witnesses, and
1502
+ I yield back, Mr. Chair.
1503
+ Chairman Foster. Thank you. And the Chair will now
1504
+ recognize my colleague from Illinois, Mr. Casten, for 5
1505
+ minutes.
1506
+ Mr. Casten. Thank you to my colleague from Illinois and
1507
+ our Chairman, and thank you so much to our panelists.
1508
+ The--Dr. Rosenberg, I want to start with you and
1509
+ specifically about a report that UCS did in 2018 in part
1510
+ because it jibed so closely with my own experience in
1511
+ conversations with a lot of EPA staff. You have a report that
1512
+ was detailing the crisis of morale in certain Federal
1513
+ scientific agencies and specifically if I got this right nearly
1514
+ 1/3 of the respondents at EPA felt that, quote, ``influences of
1515
+ political appointees in your agency or department or the
1516
+ influence of the White House were the greatest barriers to
1517
+ making science-based decisions at that agency.'' And it seemed
1518
+ to have a pretty clear impact on morale. In 2018 less than 15
1519
+ percent of EPA scientists surveyed by UCS indicated that their
1520
+ morale was excellent or even good, and that compared with
1521
+ nearly 40 percent who felt that way in 2007. As I mentioned,
1522
+ that was extremely consistent with the conversation I had--
1523
+ conversations I had informally with folks at EPA.
1524
+ Could you just chat a bit with us about how scientific
1525
+ integrity violations and the politicization of science have
1526
+ contributed to staffing losses at those agencies, and I guess
1527
+ on a more optimistic side how a scientific integrity statute
1528
+ could help in retaining good scientists?
1529
+ Dr. Rosenberg. Thank you for the question, Congressman.
1530
+ And you very accurately cited our survey results. And I should
1531
+ point out that we've been surveying Federal scientists for many
1532
+ years now. This was not a one-off efforts in 2018, and so we
1533
+ had the ability and have published the comparisons to previous
1534
+ surveys.
1535
+ A couple of things happened. Certainly, the politicization
1536
+ of science was a concern with reports being altered or
1537
+ censored, and I think Dr. Southerland can speak to that very
1538
+ directly particularly at the EPA but not exclusively at the
1539
+ EPA. You may have seen the report yesterday that in an
1540
+ investigation at the CDC at least three major reports during
1541
+ the course of the pandemic were altered by political appointees
1542
+ or outside actors during the course of the pandemic that
1543
+ related to things such as school opening. But at the EPA either
1544
+ science was completely sidelined or censored or manipulated. It
1545
+ became a recurrent problem. And the second part of that problem
1546
+ was that for many decisions, the career professionals were not
1547
+ even in the room, were not even involved in the decisionmaking
1548
+ on some of the issues that we worked on. And I can see Dr.
1549
+ Southerland nodding, and she may want to expand on that.
1550
+ So scientific integrity policies, if they are strengthened
1551
+ and codified in statute, can actually give scientists a way to
1552
+ ensure that their scientific evidence will not be politically
1553
+ manipulated. And while that's been articulated by the
1554
+ Presidential memorandum, it's not codified in statute right
1555
+ now, and so it could be backed away from in many cases or is
1556
+ less--carries less weight than if the Scientific Integrity Act
1557
+ went through. So that gives scientists more assurance that the
1558
+ work that they do will actually be--present--the evidence that
1559
+ they gather will actually be presented as scientific evidence,
1560
+ not be manipulated for other reasons. Now, lots of other things
1561
+ go into decisionmaking, but you shouldn't manipulate the
1562
+ scientific evidence to justify a decision.
1563
+ Mr. Casten. So I know we're short on time, so let me put
1564
+ this--and I know that you have given a few shoutouts to Dr.
1565
+ Southerland, so let me just put this to either one of you who
1566
+ would like to answer. We need to atone for the sins of the
1567
+ past, but we also have to deal with the realities of where we
1568
+ are. And as we think about how to restore this workforce--and,
1569
+ again, my own experience is that, you know, we lost some good
1570
+ and senior talent. So how much of what we need to do going
1571
+ forward is attracting people back when they have left the
1572
+ agency early versus bringing new people in to fill those slots?
1573
+ And what does that mean? Because preparing for the workforce of
1574
+ the future is of course a little bit different than attracting
1575
+ people back who are late career stages. And if--I'm just
1576
+ curious if either of you have any comment about which of those
1577
+ you think is more important to prioritize given the set of
1578
+ cards we have dealt however much we may not like----
1579
+ Dr. Southerland. So I think I'm finally unmuted by the
1580
+ host. I'm having a lot of trouble with verbal. I think the
1581
+ important thing will be to get the new employees. What we can
1582
+ do with people who have left is we have the ability to bring
1583
+ them on even as temporary mentors or part-time employees that
1584
+ can help restore the institutional knowledge at the Agency. But
1585
+ I think the real emphasis needs to be to get us new, qualified
1586
+ young people who can really revitalize the mission.
1587
+ Mr. Casten. Thank you, and I yield back.
1588
+ Chairman Foster. Thank you. And as we bring this to a
1589
+ close, I'd like to recognize the Ranking Member, Mr. Obernolte,
1590
+ for some brief closing comments.
1591
+ Mr. Obernolte. Thank you, Mr. Chairman, and thank you to
1592
+ all four of our panelists. This has been an incredibly helpful
1593
+ discussion. I think we all share a unified belief that we need
1594
+ to enhance the role of scientists in our Federal workforce and
1595
+ to create an environment that is welcoming to them and that can
1596
+ be successfully competitive against the other entities that are
1597
+ seeking to hire this talent as it comes out of our schools and
1598
+ universities. So let's definitely continue this discussion as
1599
+ things move forward. I think there are lots of excellent ideas
1600
+ raised here today, we stand with you unified ready to try and
1601
+ implement some policy changes that will help us enhance the
1602
+ competitiveness of the Federal Government in that respect. So
1603
+ thank you, everyone. Happy St. Patrick's Day.
1604
+ Chairman Foster. Thank you. And I'd like to reiterate our
1605
+ thanks to the--to our witnesses, you know, not only for your
1606
+ verbal testimony but the really high-quality written testimony,
1607
+ as well as the documents that they referred to. I confess I
1608
+ stayed up way too late last night reading your written
1609
+ testimony, and, you know, I commend it to my colleagues and
1610
+ their staff really because this is something that Congress and
1611
+ this Committee is going to have to come back to repeatedly,
1612
+ that when we hopefully come up with a plan to double the
1613
+ overall scientific effort, that that is accompanied by a plan
1614
+ to overcome the near-term emergency issues, as well as the
1615
+ structural changes to ensure that we have the strongest
1616
+ possible scientific workforce in our--for our government.
1617
+ So I thank you all again, and before--and so the record
1618
+ will remain open for 2 weeks for additional statements from
1619
+ Members for any additional questions to the Committee that they
1620
+ may have for our witnesses. The witnesses are excused, and the
1621
+ hearing is now adjourned.
1622
+ [Whereupon, at 11:20 a.m., the Subcommittee was
1623
+ adjourned.]
1624
+
1625
+ Appendix I
1626
+
1627
+ ----------
1628
+
1629
+
1630
+ Answers to Post-Hearing Questions
1631
+
1632
+ Responses by Mr. Max Stier
1633
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1634
+
1635
+ Responses by Dr. Andrew Rosenberg
1636
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1637
+
1638
+ Appendix II
1639
+
1640
+ ----------
1641
+
1642
+
1643
+ Additional Material for the Record
1644
+
1645
+ Report submitted by Representative Bill Foster
1646
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1647
+
1648
+ Statements submitted by Representative Bill Foster
1649
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1650
+
1651
+ Report submitted by Dr. Andrew Rosenberg
1652
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1653
+
1654
+ [all]
1655
+ </pre></body></html>
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1
+ <html>
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+ <title> - A YEAR INTO THE PANDEMIC: THE STATE OF INTERNATIONAL DEVELOPMENT</title>
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+ <body><pre>
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+ [House Hearing, 117 Congress]
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+ [From the U.S. Government Publishing Office]
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+
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+
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+
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+
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+
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+
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+
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+ A YEAR INTO THE PANDEMIC: THE STATE OF INTERNATIONAL DEVELOPMENT
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+
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+ =======================================================================
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+
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+ HEARING
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+
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+ BEFORE THE
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+
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+ SUBCOMMITTEE ON
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+ INTERNATIONAL DEVELOPMENT, INTERNATIONAL ORGANIZATIONS AND GLOBAL
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+ CORPORATE SOCIAL IMPACT
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+
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+ OF THE
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+
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+ COMMITTEE ON FOREIGN AFFAIRS
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+ HOUSE OF REPRESENTATIVES
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+
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+ ONE HUNDRED SEVENTEENTH CONGRESS
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+
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+ FIRST SESSION
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+
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+ __________
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+
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+ MARCH 10, 2021
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+
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+ __________
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+
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+ Serial No. 117-6
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+
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+ __________
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+
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+ Printed for the use of the Committee on Foreign Affairs
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+
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+
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+
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+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+
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+
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+ Available: http://www.foreignaffairs.house.gov/, http://docs.house.gov,
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+
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+ or http://www.govinfo.gov
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+
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+
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+
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+
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+ ______
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+
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+ U.S. GOVERNMENT PUBLISHING OFFICE
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+ 43-773PDF WASHINGTON : 2022
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+
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+
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+
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+
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+
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+ COMMITTEE ON FOREIGN AFFAIRS
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+
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+ GREGORY W. MEEKS, New York, Chairman
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+
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+ BRAD SHERMAN, California MICHAEL T. McCAUL, Texas, Ranking
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+ ALBIO SIRES, New Jersey Member
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+ GERALD E. CONNOLLY, Virginia CHRISTOPHER H. SMITH, New Jersey
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+ THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio
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+ KAREN BASS, California SCOTT PERRY, Pennsylvania
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+ WILLIAM KEATING, Massachusetts DARRELL ISSA, California
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+ DAVID CICILLINE, Rhode Island ADAM KINZINGER, Illinois
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+ AMI BERA, California LEE ZELDIN, New York
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+ JOAQUIN CASTRO, Texas ANN WAGNER, Missouri
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+ DINA TITUS, Nevada BRIAN MAST, Florida
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+ TED LIEU, California BRIAN FITZPATRICK, Pennsylvania
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+ SUSAN WILD, Pennsylvania KEN BUCK, Colorado
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+ DEAN PHILLIPS, Minnesota TIM BURCHETT, Tennessee
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+ ILHAN OMAR, Minnesota MARK GREEN, Tennessee
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+ COLIN ALLRED, Texas ANDY BARR, Kentucky
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+ ANDY LEVIN, Michigan GREG STEUBE, Florida
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+ ABIGAIL SPANBERGER, Virginia DAN MEUSER, Pennsylvania
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+ CHRISSY HOULAHAN, Pennsylvania AUGUST PFLUGER, Texas
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+ TOM MALINOWSKI, New Jersey PETER MEIJER, Michigan
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+ ANDY KIM, New Jersey NICOLE MALLIOTAKIS, New York
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+ SARA JACOBS, California RONNY JACKSON, Texas
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+ KATHY MANNING, North Carolina YOUNG KIM, California
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+ JIM COSTA, California MARIA ELVIRA SALAZAR, Florida
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+ JUAN VARGAS, California JOE WILSON, South Carolina
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+ VICENTE GONZALEZ, Texas RON WRIGHT, Texas
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+ BRAD SCHNEIDER, Illinois
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+
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+
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+
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+
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+
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+ Sophia Lafarfue, Staff Director
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+
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+ Brendan Shields, Republican Staff Director
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+ ------
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+
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+ Subcommittee on International Development, International Organizations
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+ and Global Corporate Social Impact
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+
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+ JOAQUIN CASTRO, Texas, Chairman
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+
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+ SARA JACOBS, California NICOLE MALLIOTAKIS, New York,
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+ BRAD SHERMAN, California Ranking Member
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+ ILHAN OMAR, Minnesota CHRISTOPHER SMITH, New Jersey
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+ CHRISSY HOULAHAN, Pennsylvania DARRELL ISSA, California
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+ ANDY KIM, New Jersey LEE ZELDIN, New York
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+
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+
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+
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+
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+ C O N T E N T S
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+
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+ ----------
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+ Page
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+
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+ WITNESSES
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+
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+ Shah, Rajiv J., President, Rockefeller Foundation, and Former
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+ Administrator, United States Agency For International
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+ Development.................................................... 8
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+ Glick, Bonnie, Senior Advisor, Center For Strategic and
134
+ International Studies, Fellow, Harvard Kennedy School of
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+ Government, Institute of Politics, and Former Deputy
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+ Administrator and Chief Operating Officer, United States Agency
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+ for International Development.................................. 16
138
+
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+ ARTICLE SUBMITTED
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+
141
+ The Financial Times from the U.N. Economic Commission forAfrica,
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+ Vera Songwe.................................................... 35
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+
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+ APPENDIX
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+
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+ Hearing Notice................................................... 45
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+ Hearing Minutes.................................................. 47
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+ Hearing Attendance............................................... 48
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+
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+
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+ A YEAR INTO THE PANDEMIC: THE STATE OF INTERNATIONAL DEVELOPMENT
152
+
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+ Wednesday, March 10, 2021
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+
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+ House of Representatives,
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+ Subcommittee on International Development,
157
+ International Organizations and Global
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+ Corporate Social Impact,
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+ Committee on Foreign Affairs,
160
+ Washington, DC.
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+
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+ The committee met, pursuant to notice, at 10:06 a.m., in
163
+ room 2172, Rayburn House Office Building, Hon. Joaquin Castro
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+ (chairman of the subcommittee) presiding.
165
+ Mr. Castro [presiding]. The Subcommittee on International
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+ Development, International Organizations and Global Corporate
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+ Social Impact will come to order.
168
+ Good morning, everyone.
169
+ Two things first. We have members that are coming back from
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+ a vote on a motion to adjourn. And also, we will try to raise
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+ the volume a little bit so we can hear the folks off the
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+ computer a little bit better.
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+ Thank you to our witnesses for being here today for our
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+ hearing entitled, ``A Year into the Pandemic: The State of
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+ International Development.''
176
+ Without objection, the chair is authorized to declare a
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+ recess of the committee at any point, and all members will have
178
+ 5 days to submit statements, extraneous material, and questions
179
+ for the record, subject to the length limitation in the rules.
180
+ To insert something into the record, please have your staff
181
+ email the document to the previously mentioned address or
182
+ contact our subcommittee staff.
183
+ As a reminder to members, staff, and all others physically
184
+ present in the room, per recent guidance from the Office of the
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+ Attending Physician, masks must be worn at all times during
186
+ today's hearing, although sometimes we take them off when we
187
+ are speaking, and then, put them back on. Please also sanitize
188
+ your seating area. The chair views these measures as a safety
189
+ issue, and therefore, an important matter of order and decorum
190
+ for this proceeding.
191
+ As a reminder to members joining remotely, please keep your
192
+ video function on at all times, even when you are not
193
+ recognized by the chair. Members are responsible for muting and
194
+ unmuting themselves, and please remember to mute yourself after
195
+ you finish speaking. Consistent with H.Res. 8 and the
196
+ accompanying regulations, staff will only mute members and
197
+ witnesses, as appropriate, when they are not under recognition
198
+ to eliminate background noise.
199
+ I see that we have a quorum, and I will now recognize
200
+ myself for opening remarks.
201
+ Thank you all for joining us today for this subcommittee's
202
+ first hearing. I would like to thank Ranking Member Malliotakis
203
+ and welcome all our subcommittee members, particularly members
204
+ who are new to the Foreign Affairs Committee and to Congress.
205
+ Our work will benefit from your unique perspectives and
206
+ important contributions.
207
+ It has been 1 year since the COVID-19 pandemic changed our
208
+ lives. Since then, we have all seen the world, and our standing
209
+ in it, disrupted in ways we could hardly once imagine. The
210
+ pandemic has created new challenges and exposed old weaknesses
211
+ in America's capabilities abroad.
212
+ Our infrastructure for international development has been
213
+ no exception to that. The United States contributions to global
214
+ development, through USAID, the State Department, and our
215
+ support for international organizations, such as the United
216
+ Nations, as well as through the private sector, civil society,
217
+ and the generosity of individual Americans, have all done
218
+ incalculable good around the world. Now, however, these
219
+ programs and institutions find themselves at a turning point.
220
+ This hearing will serve to assess the damage, to identify
221
+ developmental programs that may be at particular risk, and to
222
+ chart a path toward rebuilding our Nation's development
223
+ capacity.
224
+ As we begin to see the end of the pandemic in sight, we
225
+ expect some of our capacity to bounce back naturally, as our
226
+ people return to work in person, both in Washington and around
227
+ the world. However, we must also identify areas in which the
228
+ damage the pandemic caused threatens to be permanent, and then,
229
+ work to direct resources toward rebuilding more resilient
230
+ development systems that can survive the known and unknown
231
+ crises to come.
232
+ This task is more important than ever. Rebuilding from
233
+ COVID may well be as difficult and challenging as defeating the
234
+ virus itself. Global poverty has risen for the first time in
235
+ decades, and the pandemic's economic impact may last years in
236
+ nations already suffering from high levels of inequality,
237
+ instability, and underdevelopment.
238
+ Our government's efforts to foster development must address
239
+ not just the direct impacts of the pandemic, but its secondary
240
+ and even tertiary effects. Congress has already taken an
241
+ important first step. Today, we will pass the American Rescue
242
+ Plan Act, a bill that will bring much-needed relief to the
243
+ American people. The bill also includes important funding for
244
+ development priorities that I and this committee have been
245
+ calling for.
246
+ That includes, for example, almost $10 billion for health
247
+ programs, disaster relief, economic support, humanitarian
248
+ assistance, multilateral assistance, and The Global Fund, an
249
+ important international organization that has led the fight
250
+ against HIV/AIDS, tuberculosis, and now, COVID-19. This hearing
251
+ will inform our subcommittee's oversight over these programs.
252
+ It will also identify the long-term impacts of a pandemic,
253
+ which I believe our Nation must lead in addressing. Early child
254
+ development is one clear example of an issue that will have
255
+ long-term consequences if we do not address it now. We know
256
+ that the acute food insecurity faced by many children today
257
+ will have a lifelong impact. Schools for nearly 170 million
258
+ children have been closed for a year. Millions of children will
259
+ never return to school, and most of them will be girls.
260
+ The impact of this pandemic so early in the lives of
261
+ millions at home and around the world will affect health,
262
+ education, and economic incomes for their entire lives, unless
263
+ action is taken now. These impacts will be borne by entire
264
+ societies and, indeed, by the world.
265
+ Our commitment to international development has always been
266
+ bipartisan, particularly in Congress, where we successfully
267
+ resisted cuts for the last 4 years. This bipartisanship will be
268
+ essential for us to meet the challenges of this important
269
+ moment.
270
+ If nothing else, COVID-19 has made clear that what happens
271
+ over there affects us over here. Weak health care systems or
272
+ poverty and instability that fuel extremism can all too easily
273
+ reach our shores.
274
+ With these new challenges ahead of us, USAID must be
275
+ willing to innovate and adapt to the very changed world we now
276
+ inhabit. I have every faith that, with the proper resources and
277
+ support, they will be up to the task.
278
+ I solicit the courage of America's international
279
+ development work force that is in the field every single day.
280
+ They are a critically important part of advancing our national
281
+ interests and defending our national security, serving their
282
+ country often in remote locations and under difficult
283
+ circumstances.
284
+ Our challenge now is not only to defeat the pandemic
285
+ everywhere, but also redouble our efforts to battle humanity's
286
+ shared enemies--poverty, hunger, and disease--in partnership
287
+ with peoples from around the world.
288
+ So, there is a lot of ground to cover this morning, and I
289
+ look forward to hearing from each of our distinguished
290
+ witnesses.
291
+ But, before that, I would like to turn it over to our
292
+ Ranking Member Malliotakis for her opening remarks.
293
+ Ms. Malliotakis. Thank you, Chairman Castro. It is an honor
294
+ to serve as ranking member of this subcommittee. I look forward
295
+ to working with you and the rest of the committee members to
296
+ conduct important oversight of our development programs and the
297
+ United States' engagement in international organizations.
298
+ Over 2.5 million people around the world have died as a
299
+ result of the COVID-19 pandemic. That includes over 500,000
300
+ Americans. The pandemic has devastated communities and
301
+ families, including many in my district. It has also had a
302
+ crippling effect on food security, education systems, and
303
+ global supply chains.
304
+ The creation of this subcommittee comes at a pivotal time.
305
+ To date, the United States has given $3.6 billion to help
306
+ control the spread and mitigate the impacts of COVID-19, and
307
+ there is another $10 billion on the way through the American
308
+ Rescue Plan.
309
+ Global efforts to stop the spread of COVID-19 make us safer
310
+ here at home, especially as variants begin to emerge. We must
311
+ continue to invest in global health security and ensure other
312
+ countries can detect and respond to global health threats
313
+ before outbreaks become a pandemic and reach our shores.
314
+ However, Americans here at home are struggling to pay their
315
+ bills and feed their families. There is justified skepticism
316
+ about our international spending with the immense needs here at
317
+ home. We have an obligation to conduct rigorous oversight of
318
+ U.S. foreign assistance and development programs. Every dollar
319
+ of our aid must be targeted, strategic, and effective.
320
+ Unfortunately, the House Foreign Affairs Committee did not
321
+ have the opportunity to mark up and debate the $10 billion
322
+ foreign affairs title in the American Rescue Plan. During the
323
+ Rules Committee markup, I offered a common-sense amendment to
324
+ transfer funding from The Global Health Fund to ensure vaccines
325
+ are available for all our diplomats and developmental
326
+ professionals. Effective development requires getting out in
327
+ the field and monitoring programs. We simply cannot expect our
328
+ diplomatic service to do their jobs overseas without urgent
329
+ access to vaccines. I would appreciate hearing from our
330
+ witnesses what more we should be doing to ensure the safety of
331
+ our work force overseas.
332
+ I am also particularly concerned about the impact of this
333
+ pandemic on developing economies and international trade. The
334
+ International Monetary Fund declared this crisis the worst
335
+ economic fallout since the Great Depression. It is estimated
336
+ that the pandemic has cost the global economy $11 trillion and
337
+ global trade has declined 9.2 percent.
338
+ Latin America and the Caribbean will experience the worst
339
+ economic contraction in the region's history. These
340
+ contractions not only hurt local communities, but they also
341
+ impact United States businesses looking to invest in emerging
342
+ markets. The world's fastest growing companies are located in
343
+ the global south, and many of them were hard hit by this
344
+ pandemic.
345
+ USAID has done critical work over the last two decades to
346
+ promote economic prosperity, build the capacity of trade
347
+ partners, and create the environment for U.S. private sector
348
+ investment. The COVID-19 pandemic threatens to undermine these
349
+ gains, as backsliding and food security, health and economic
350
+ systems, and governance ultimately hurts the investment climate
351
+ and acts to commercial markets. I would appreciate hearing from
352
+ the witnesses on how our development programs can address these
353
+ issues.
354
+ Ultimately, foreign aid alone is not going to solve
355
+ development challenges. Our development programs must be
356
+ designed as partnerships, with the goal of creating stable,
357
+ self-reliance communities that do not need foreign aid. That is
358
+ why I support the important role of the U.S. private sector in
359
+ building infrastructure, creating jobs, and advancing
360
+ sustainable solutions to development challenges, both here and
361
+ abroad.
362
+ Finally, the U.S. is not the only country offering aid. The
363
+ Chinese Communist Party, who actively sought to undermine early
364
+ investigations into the COVID-19 outbreak, is leveraging this
365
+ pandemic to project their power and influence. Through
366
+ shipments of the Sinopharm vaccine, faulty PPE, and by holding
367
+ the purse strings of countries' debt relief, the CCP is looking
368
+ to expand their Belt and Road Initiative, and ultimately, their
369
+ influence in foreign capitals.
370
+ That is why USAID must ensure that this aid and our
371
+ development programs are clearly branded as a gift from the
372
+ American people. The United States is the most generous nation
373
+ in the world, but we have a duty to the American taxpayer to
374
+ ensure that our aid is targeted, strategic, and maximizing the
375
+ positive impacts of every dollar we spend.
376
+ Again, I look forward to listening to the witnesses, and I
377
+ thank them for being here.
378
+ Mr. Castro. Thank you, Ranking Member Malliotakis.
379
+ I will now introduce our distinguished witnesses for today.
380
+ Our witnesses for today's hearing are Dr. Rajiv Shah, the
381
+ president of the Rockefeller Foundation, and the former
382
+ Administrator for the U.S. Agency for International
383
+ Development, and Bonnie Glick, senior advisor at the Center for
384
+ Strategic and International Studies, and fellow at the Harvard
385
+ Kennedy School, who is also the former Deputy Administrator and
386
+ Chief Operating Officer of the U.S. Agency for International
387
+ Development.
388
+ I will now recognize each witness for 5 minutes. And
389
+ without objection, your prepared written statements will be
390
+ made part of the record.
391
+ And I will first call on Dr. Shah for his testimony. I
392
+ think perhaps you are on mute, Dr. Shah.
393
+
394
+ STATEMENT OF DR. RAJIV J. SHAH, PRESIDENT, ROCKEFELLER
395
+ FOUNDATION, AND FORMER ADMINISTRATOR, UNITED STATES AGENCY FOR
396
+ INTERNATIONAL DEVELOPMENT,
397
+
398
+ Dr. Shah. Sorry, it seems I do that all day long.
399
+ Thank you, Chairman Castro, for having me, and thank you,
400
+ Ranking Member Malliotakis, for your opening statement and for
401
+ having me as well.
402
+ I see so many members of this subcommittee with whom I have
403
+ had the chance to work when I served at USAID as the
404
+ Administrator there for nearly 6 years. And I am thrilled to
405
+ report that, during that period of time, I experienced an
406
+ exceptional level of bipartisan support for the basic idea that
407
+ American leadership around the world, particularly on disease,
408
+ on hunger, and on creating opportunity for the world's most
409
+ vulnerable people, became an area of strong bipartisan
410
+ consensus, and I hope that tradition continues forward.
411
+ American leadership to tackle the crisis that had been
412
+ identified by both the chairman and the ranking member in their
413
+ opening statements will be absolutely critical; in fact, more
414
+ needed now than ever, as we look to the future.
415
+ When I left USAID, I served in the private sector for a
416
+ while, and now, I run the Rockefeller Foundation, which has,
417
+ for more than 100 years worked to build public-private
418
+ partnerships and leverage science, technology, and innovation
419
+ to lift up those who are vulnerable. And I think we have
420
+ learned through those efforts that, in fact, American
421
+ leadership is indispensable on the global stage when it comes
422
+ to tackling the challenges in front of us. And I would like to
423
+ highlight three of those challenges that I believe warrant
424
+ urgent leadership from the United States and from its foreign
425
+ aid and assistance institutions.
426
+ The first, of course, is COVID. And while more than a half
427
+ a million Americans have, tragically, been lost to this crisis,
428
+ we know that millions have died around the world, and we know
429
+ that, frankly, the crisis will continue for a much longer
430
+ period of time in developing and emerging nations than in the
431
+ United States, if current trends around vaccination, access to
432
+ therapeutics, and the ability to be safe hold.
433
+ We know that, when you look around the world, we will
434
+ expect to have large amounts of viral replication and viral
435
+ presence and prevalence, even as the United States, hopefully
436
+ sometime this year, achieves real herd immunity and starts to
437
+ put the pandemic behind us. And that presents two major threats
438
+ to the American people and the American economy.
439
+ First, estimates have ranged that we will lose $3 to $9
440
+ trillion in economic value from disrupted supply chains and the
441
+ presence of the COVID crisis around the world, even when the
442
+ United States economy and society recover.
443
+ But, second, and perhaps much more worrying, is that new
444
+ variants, which are almost certain to become a reality, have no
445
+ ability to observe boundaries and borders. New variants already
446
+ from the U.K. and South Africa present real risks and threats
447
+ in the United States, and we expect that, especially as viral
448
+ replication is so much more prominent, four to eight times more
449
+ likely in the developing and emerging world than in the United
450
+ States, we can expect that those new variants can present a
451
+ real risk to the nature of the U.S. economic recovery and to
452
+ the health of Americans that would like to put COVID-19 behind
453
+ us.
454
+ For that reason, it is absolutely urgent that the world
455
+ come up with a solution to the funding and operational gaps
456
+ that are preventing a full-on effort to tackle COVID-19 in
457
+ emerging economies and developing countries. In particular, the
458
+ ACT Accelerator, which is the representation of global needs
459
+ when it comes to fighting the pandemic, has highlighted a
460
+ funding gap this year alone of $23 billion that still exists in
461
+ order to help the world mount a full recovery.
462
+ The United States has been generous already, assuming the
463
+ $4 billion for COVAX and the $10 billion that were referenced
464
+ earlier go through and become the reality of law in the United
465
+ States. However, the gap still remains. And in order for the
466
+ U.S. to lead the world in tackling that gap, we will likely
467
+ both have to do more and bring together multilateral partners
468
+ through the World Bank, the International Monetary Fund, and
469
+ other institutions where we can use our voice and our
470
+ leadership to really solve this funding gap, and ensure that
471
+ everyone around the world has access to safe and reliable and
472
+ effective vaccines, therapeutics, and diagnostics, as that will
473
+ be critical to tackling COVID-19 around the world.
474
+ I look forward to sharing some specific thoughts on how to
475
+ do that, but let me just say, from my own experience, I am
476
+ convinced that American leadership on that specific topic will
477
+ be the only way the world tackles the funding gap that exists
478
+ and the only way the world can come together to access the
479
+ supplies, the tools, and the technologies needed to beat COVID-
480
+ 19 across the planet.
481
+ Second, we face a continued hunger pandemic. We have seen
482
+ the number of people hungry around the world go up. Acute
483
+ hunger is now estimated to be 270 million. I saw firsthand
484
+ during famines and crises and droughts how hunger, in
485
+ particular, leads to migration, instability, and social
486
+ breakdown in ways that present real threats to the United
487
+ States and to the global community. Hunger creates instability,
488
+ and hunger creates massive amounts of unnecessary suffering.
489
+ America has, from the inception of its foreign aid work,
490
+ been the world's undisputed leader in fighting hunger, and that
491
+ will have to continue. That will mean more resources for the
492
+ World Food Program, but it will also mean renewed support for
493
+ programs like Feed the Future and efforts to have science and
494
+ enterprise-led agricultural development be a major component of
495
+ America's leadership in the era going forward. I hope that we
496
+ can reinvigorate those efforts and reinvest in those
497
+ enterprises and those projects, because, as was mentioned
498
+ previously, they have been proven to work. We know how to
499
+ measure the results of those efforts, and we know that they
500
+ sustainably and reliably help lift up communities.
501
+ Finally, there will be the need for much greater assistance
502
+ in a coordinated global economic recovery. It is true that
503
+ developing countries and emerging economies have been hit hard
504
+ by the pandemic, and it is also true that, while we have done
505
+ 20 to 30 percent of GDP in fiscal and monetary responses across
506
+ wealthier nations, emerging markets have done 6 percent and
507
+ developing countries have done less than 2 percent in order to
508
+ support a real economic recovery. That is simply not enough,
509
+ and it is not done in a coordinated manner. And it will not
510
+ allow for a global economic recovery to be full and inclusive.
511
+ So, American leadership on that topic, particularly through
512
+ partners like the World Bank and the International Monetary
513
+ Fund, will be critical to success.
514
+ I will close by just saying I have had the chance to speak
515
+ to Americans in churches across the country, at universities
516
+ like Clemson and Rutgers, and food companies in Minneapolis.
517
+ And I am always struck by the fact that most Americans think we
518
+ do so much more in foreign aid than we do. The perception is we
519
+ do 20 percent of our budget in foreign aid. The reality is we
520
+ do 1 percent. And when we explain what we get as results, I am
521
+ always amazed by how most American families have expressed even
522
+ more support for stronger and more effective American foreign
523
+ assistance to deal with the challenges we face. I think the
524
+ time is now to make that real and to make it meaningful in the
525
+ context of the COVID response.
526
+ Thank you.
527
+ [The prepared statement of Dr. Shah follows:]
528
+
529
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
530
+
531
+
532
+ Mr. Castro. Thank you. Thank you very much for your
533
+ testimony.
534
+ And I think for our witnesses and the members that are
535
+ online, at least a minute ago the online timer had gone out.
536
+ So, we will try to help you stay on time from here.
537
+ But, also, let me go over now to Ms. Glick, and if you want
538
+ to take a little extra time also, please feel free. We have
539
+ only got two witnesses today, so we should be okay on time.
540
+
541
+ STATEMENT OF BONNIE GLICK, SENIOR ADVISOR, CENTER FOR STRATEGIC
542
+ AND INTERNATIONAL STUDIES FELLOW, HARVARD KENNEDY SCHOOL OF
543
+ GOVERNMENT, INSTITUTE OF POLITICS, AND FORMER DEPUTY
544
+ ADMINISTRATOR AND CHIEF OPERATING OFFICER, UNITED STATES AGENCY
545
+ FOR INTERNATIONAL DEVELOPMENT
546
+
547
+ Ms. Glick. Thank you, Chairman Castro; thank you, Ranking
548
+ Member Malliotakis, and members of the committee.
549
+ I will not speak a million miles an hour then, as I go
550
+ forward.
551
+ Thank you all for the invitation to speak with the
552
+ subcommittee today about some of the challenges facing USAID in
553
+ the current environment that includes the COVID-19 pandemic and
554
+ the global response to it.
555
+ I served as the Deputy USAID Administrator and Chief
556
+ Operating Officer of the agency from January 2019 to November
557
+ 2020. The remarks I make today are solely in my personal
558
+ capacity.
559
+ Consistent bipartisan support for U.S. foreign assistance,
560
+ regardless of the party in the White House or the majority
561
+ party in the House or Senate, has been the hallmark of our
562
+ foreign policy and one of the greatest examples of American
563
+ generosity that we can point to overseas. The American people
564
+ and their representatives understand that, even as we have
565
+ domestic needs at home, our lengthy and historic generosity
566
+ overseas is never in doubt.
567
+ That said, our fiscal well is not bottomless. Priorities
568
+ change. Unforeseen crises erupt all the time and call for U.S.
569
+ action. Yet, despite the merits of responding to these
570
+ challenges, the urgency and the need for flexibility to respond
571
+ are constrained as more and more of USAID's programmatic
572
+ activities are scripted and predetermined.
573
+ Regardless of what else is discussed here today, the
574
+ continued failure to address the harmful aspects of
575
+ congressional earmarks would be insincere. And while others may
576
+ focus on where the U.S. should be funding in the near future, I
577
+ want to discuss key issues relating to how the U.S. should fund
578
+ and implement these programs. This includes partnerships with
579
+ new allied donors as well as with the private sector. It also
580
+ includes the increased use of innovation and digital
581
+ technologies to apply 21st century solutions to today's
582
+ problems.
583
+ And while vaccine delivery to developing countries is
584
+ clearly a health-related issue, the mechanism that underlies it
585
+ is not, a secure and reliable supply chain with redundancy
586
+ built into it. USAID has been lucky, since the earliest days of
587
+ the President's Emergency Plan for AIDS Relief, or PEPFAR, in
588
+ 2003, to have recognized the need to invest in robust and
589
+ secure supply chain capabilities. From a U.S. national security
590
+ perspective, we must ensure that USAID and other government
591
+ agencies focus on the safety and security of the global
592
+ distribution of goods by moving to onshore, nearshore, and
593
+ allied-shore our manufacturing and production basis.
594
+ Because what happens if we do not make these critical
595
+ onshore, nearshore, and allied-shore moves? The People's
596
+ Republic of China will fill the void. We have seen this time
597
+ and again. Development is a key area of our strategic
598
+ competition with the PRC. The U.S. needs a development agency
599
+ equipped to win that competition, which requires a change in
600
+ mindset at USAID and Congress' help to realize the agency's
601
+ full potential.
602
+ USAID missions spend an enormous amount of time focused on
603
+ how a single project can address multiple earmarks, thereby,
604
+ allowing dollars generously funded by Congress to extend
605
+ further. But this gymnastics exercise diverts attention from
606
+ the big-picture funding opportunities, where USAID can be used
607
+ as an effective and strategic tool to counter a resurgent
608
+ China. USAID will turn 60 this year. I strongly recommend that
609
+ USAID think bigger. Larger-scale projects in fewer countries
610
+ may be the wave of the next 60 years.
611
+ And while USAID focuses on fewer, but larger projects, this
612
+ is a perfect opportunity for burden-sharing with our allies and
613
+ partners. It is important to discuss the expansion of our
614
+ alliances. Given COVID and the trillions of dollars that the
615
+ U.S. has taken on in debt for our own relief, it is important
616
+ to embrace more and new donors.
617
+ We worked closely when I was at USAID, for example, with
618
+ Israel, India, the United Arab Emirates, Kuwait, and others to
619
+ broaden the tent of donor countries. We should continue in
620
+ those efforts, particularly as countries like India move away
621
+ from being aid recipients to being aid donors.
622
+ We should recognize and celebrate other donors'
623
+ contributions. And in the wake of the Abraham Accords, we
624
+ should certainly celebrate that donor countries like the UAE
625
+ and Israel are now able to collaborate jointly on aid programs
626
+ around the world. Fostering this kind of creativity and
627
+ creative thinking, particularly by engaging with the private
628
+ sector, will go a long way to making the Abraham Accords
629
+ permanent and to maintaining a very warm peace.
630
+ Creative thinking through partnership with private industry
631
+ and through the use of digital technology will also stretch
632
+ scarce budget dollars more effectively and assist in job
633
+ creation in parts of the world that were terribly impacted
634
+ economically by COVID-19.
635
+ The non-health imperatives for development are clear. They
636
+ include food insecurity, diminished livelihoods, increased out-
637
+ migration, and uptick in violence against women, and others
638
+ that we haven't even considered yet. USAID should focus its
639
+ resources on where it can have the greatest impact and partner
640
+ with allied countries when it makes more sense for them to be
641
+ the primary donors. If we do not fund jointly with our allies,
642
+ we risk ceding the table to China.
643
+ We have spent the entirety of the modern era as the most
644
+ generous nation in the history of the world. It is a role that
645
+ is uniquely American and should remain American.
646
+ Thank you very much, and I look forward to the opportunity
647
+ to answer your questions.
648
+ [The prepared statement of Ms. Glick follows:]
649
+
650
+
651
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
652
+
653
+
654
+ Mr. Castro. Thank you, Ms. Glick, and thank you to both our
655
+ witnesses for your testimony.
656
+ I will now recognize members for 5 minutes each. And
657
+ pursuant to House rules, all time yielded is for the purposes
658
+ of questioning our witnesses. Because of the hybrid format of
659
+ this hearing, I will recognize members by committee seniority,
660
+ alternating between majority and the minority members. If you
661
+ miss your turn, please let our staff know, and we will circle
662
+ back to you. If you seek recognition, you must unmute your
663
+ microphone and address the chair verbally.
664
+ And I will start by recognizing myself.
665
+ This, of course, is the first hearing of this subcommittee,
666
+ and we have a new President and a new Congress. And so, I want
667
+ to start off with a broad question for either of our witnesses,
668
+ or both of our witnesses, if you would like to take a shot at
669
+ it.
670
+ The testimony today makes clear that the United States
671
+ leadership on development must be an important part of our
672
+ global COVID-19 response. In the next few months, the
673
+ administration will submit its budget request for Fiscal Year
674
+ 2022, and the Congress will review that request. Given the
675
+ scale of the challenge described in the testimony today, how
676
+ important is it that we see a request for greater funding
677
+ levels for development programs? And are there specific
678
+ programs where you would put more money or move money? What are
679
+ your recommendations?
680
+ Dr. Shah. Bonnie, I am happy to start, but I did not want
681
+ to interrupt if you were intending to.
682
+ I would just say thank you, Chairman, for the question. I
683
+ do think American leadership needs to be elevated to tackle the
684
+ challenges that exist, and the challenges that exist go far
685
+ beyond what American foreign affairs funding is going to be
686
+ capable of solving directly. So, for that purpose, I would say
687
+ three things.
688
+ The first is the budget should be strong and it should be a
689
+ reinvestment in building the types of alliances that Bonnie
690
+ mentioned and making sure that we lead with our own approach,
691
+ which is making bigger investments in tackling COVID-19 around
692
+ the world. It is not just buying the vaccines through COVAX,
693
+ which we have already made a big commitment to, but also
694
+ investing in training community health workers and building out
695
+ health systems, so that you really can reach everyone. We
696
+ learned during the Ebola crisis in 2014 that that was actually
697
+ the critical investment necessary in order to successfully
698
+ protect the population from the virus.
699
+ I would say, second, programs that have a documented track
700
+ record of being public-private partnerships and delivering
701
+ results--Feed the Future, Power or Electrify Africa, other
702
+ enterprise collaborations that I know Bonnie led when she was
703
+ at USAID--are all the types of programs that have real data to
704
+ document their effectiveness, and in my view, should be
705
+ invested in.
706
+ And the final area is around technology and innovation. We
707
+ are seeing it right now with American ingenuity being so
708
+ critical to the fight against COVID-19. But USAID created the
709
+ U.S. Global Development Lab, which has earned strong bipartisan
710
+ support from Congress, in order to reinvigorate America's
711
+ capability to make innovation, science, and technology a driver
712
+ of American foreign assistance. And I hope that that theme can
713
+ be extended and carried forward in a much more significant way,
714
+ because the challenges we face demand it, and because, frankly,
715
+ American companies, American scientists, and American
716
+ universities, including students on those university campuses,
717
+ are eager to participate in this mission.
718
+ Mr. Castro. Thank you, Dr. Shah.
719
+ I have got about a minute 45 seconds under my time left. I
720
+ am going to try to keep myself on time.
721
+ Ms. Glick, did you want to weigh in?
722
+ Ms. Glick. I will just say very quickly that we have never
723
+ lived in times like this in modern history. And so, yes, the
724
+ focus on COVAX and vaccine distribution is the critical moment
725
+ for the short term. As Raj said, it is accurate that being able
726
+ to depend on digital technology is going to be vital, and
727
+ American ingenuity that comes along with that.
728
+ And so, that involves engaging with the private sector, and
729
+ it involves, too, an eye toward who else is in this space. And
730
+ the answer to that, as I noted, is the People's Republic of
731
+ China. And our ability to act alongside our partners and
732
+ genuinely with the private sector is going to be the way that
733
+ we come up with the best solutions for the world. We have done
734
+ this before and we can do it again, but we have to recognize
735
+ that there is a disinformation campaign coming out of China
736
+ that is discrediting American vaccines--a little bit crazy.
737
+ And we have to ensure that our staff, as Raj said, have the
738
+ skills and technical ability to roll out distributions
739
+ worldwide. Health systems strengthening is something that
740
+ helped save countless lives in Ebola in 2014 and in Ebola today
741
+ in the eastern Congo. And investing in those systems is going
742
+ to be what helps us get through COVID worldwide.
743
+ Mr. Castro. Thank you, Ms. Glick.
744
+ All right. Ranking Member Malliotakis?
745
+ Ms. Malliotakis. Thank you very much. I very much
746
+ appreciate the testimony. It was enlightening. And I just had a
747
+ few questions.
748
+ My first question is really about, because both of you come
749
+ from USAID, and my first question would be, based on your
750
+ experience there, what kind of safeguards can we put in place
751
+ just to make sure that the money is used most effectively. As I
752
+ said in my remarks, our aid needs to be targeted. It needs to
753
+ be strategic. It needs to be impactful. Do you have any
754
+ recommendations on what we could be doing to ensure that?
755
+ Ms. Glick. I will jump on this one. Ranking Member
756
+ Malliotakis, one of the most important things is the
757
+ partnership that USAID has with Congress and the relationship
758
+ that AID has with the Members to understand what we are doing
759
+ in foreign assistance and how it impacts your districts. And
760
+ so, the congressional oversight that you and your staffs
761
+ demonstrate is always going to be something that helps keep
762
+ USAID on the ball in terms of being able to respond to the
763
+ needs while also being responsible stewards of taxpayer
764
+ dollars.
765
+ Dr. Shah. I would just quickly add that I do think there
766
+ are a handful of programs, perhaps more than a handful, where
767
+ USAID sets the standard on measuring results and documenting
768
+ performance. And I think you can learn from those efforts and
769
+ extend those practices across the full range of American
770
+ foreign assistance efforts.
771
+ One of the benefits of strong bilateral assistance
772
+ programs, like many of the ones that USAID implements--and
773
+ frankly, where the Rockefeller Foundation and others partner
774
+ with USAID and so many others--is you can go out and do surveys
775
+ at the beginning of a project and understand the nature of the
776
+ population you are trying to serve. And then, you can do annual
777
+ assessments, and three or four or 5 years later, do end-of-
778
+ project assessments, and actually quantify the impact you are
779
+ having.
780
+ We do this every day at the Rockefeller Foundation, which
781
+ is how we know the 500,000 people we serve in northern India
782
+ with renewable electricity access have used that access to
783
+ increase their incomes by 60-70 percent and create new jobs and
784
+ launch new businesses and enterprises. And that basic
785
+ discipline is, I think, critical to this entire field, no
786
+ matter which institution is charged with the responsibility of
787
+ carrying it out.
788
+ Ms. Malliotakis. Thank you.
789
+ How can we best work with America's private sector? I know
790
+ that so many companies or global entities, that they are
791
+ building infrastructure; they are creating jobs; they are
792
+ advancing sustainable solutions. How can we best utilize them
793
+ as partners? Either one of you want to answer that?
794
+ Ms. Glick. I think one of the most important things that we
795
+ did at USAID when I was there was to highlight the role of the
796
+ private sector in development. And as part of the aid
797
+ transformation, we set up a private sector engagement hub, so
798
+ that there is a one-stop shop for private companies of all
799
+ sizes--large corporates down to small businesses--in the United
800
+ States, so that they can become involved in the delivery of
801
+ foreign assistance around the world. It is job creator for us
802
+ here at home, but it is also recognition that the private
803
+ sector is the strongest force in world history for lifting
804
+ people's lives and for giving people livelihoods that they can
805
+ depend on for themselves and for their families. And so, that
806
+ added focus at USAID has been something that I would recommend
807
+ leveraging into the future.
808
+ Dr. Shah. And I would add I agree entirely with Bonnie, and
809
+ I think there are two additional tools that I would ask
810
+ Congress to support as much as possible. One is, during my
811
+ tenure, we used a tool called the Global Development Alliance
812
+ Structure that allowed USAID to partner with the private
813
+ sector, frankly, in more creative ways than many other parts of
814
+ the U.S. Government. And while that is a small share of USAID
815
+ programming, I hope it can grow into a larger share.
816
+ And the second one is the U.S. Global Development Lab. By
817
+ creating a lab that focused on building technology partnerships
818
+ and bringing kind of modern science to the tasks at hand, we
819
+ were able to build partnerships with firms that we otherwise
820
+ would not have been able to, and frankly, attract a certain
821
+ kind of talent to the institution in a way that is unique. So,
822
+ I would call out both of those tools in addition.
823
+ Ms. Malliotakis. Thank you. I had one more question, but I
824
+ will go----
825
+ Mr. Castro. Go ahead. Sure.
826
+ Ms. Malliotakis. The chairman is being gracious with our
827
+ time.
828
+ I did have one last question regarding the supply chain, if
829
+ you had any thoughts on COVID's impact on the supply chain,
830
+ both from a manufacturing and a distribution standpoint? You
831
+ may or may not. I just thought I would throw it out there to
832
+ see if you--both of you are very wise and perhaps have your own
833
+ recommendations there in how we can address that issue.
834
+ Dr. Shah. Maybe I will jump in on this. I do think, if you
835
+ look at the estimates of what will cause disruption to the
836
+ global economy post-the United States and other industrial
837
+ nations achieving herd immunity through vaccination, it is the
838
+ sanctity of global supply chains that are causing the estimates
839
+ to be between $3 and $9 trillion of economic loss as a result
840
+ of, basically, disrupted supply chains.
841
+ USAID has lots of partnerships with companies as parts of
842
+ its programs that build and support those types of supply
843
+ chains. So, I think that is yet another reason why the
844
+ institution should be sort of strengthened and invested in in
845
+ this period going forward, which, frankly, will be a longer
846
+ period than I think most people realize. It is not just a
847
+ threat for 6 months or 12 months. It is probably a threat for
848
+ three to 5 years, because that is, most likely, the timeframe
849
+ required to really get ahead of COVID-19 in the emerging world.
850
+ Mr. Castro. All right.
851
+ Ms. Glick. Let me just add to that, real quick, that the
852
+ criticality of securing the supply chain, which is the most
853
+ sophisticated supply chain on earth and capable of delivering
854
+ lifesaving medications to the village level around the world,
855
+ the criticality of investing in that, and also, ensuring that,
856
+ through onshoring, nearshoring, and allied-shoring our products
857
+ and manufacturing from the United States and our allies to
858
+ bring it closer to the village level, is what is going to make
859
+ a monumental difference in being able to distribute vaccines
860
+ and everything else that is needed to rebuild global economies.
861
+ Mr. Castro. Thank you.
862
+ All right. I am going to go now to the vice chair of the
863
+ subcommittee, Representative Jacobs.
864
+ Ms. Jacobs. Thank you so much, Mr. Chair.
865
+ And thank you to our witnesses for being here.
866
+ I want to go to a specific problem that we are seeing
867
+ around the world. I think the pandemic has exposed just how
868
+ difficult digital learning can be, both here in the U.S. and
869
+ abroad. But it is not new. USAID and others have had many
870
+ programs over the years to distribute computers and tablets and
871
+ internet connectivity to underserved communities. In my
872
+ estimation, some of these programs, such as One Laptop Per
873
+ Child, sound really great in theory, but when you actually look
874
+ at the data, have had very mixed successes.
875
+ And so, I was wondering, in both of your opinions, if you
876
+ think USAID is adequately applying the lessons learned from
877
+ those past failures in digital learning projects to meet these
878
+ new challenges, what you think those lessons are and what more
879
+ we can do here to ensure, as we are implementing these
880
+ projects, we are doing it in the best way possible.
881
+ Ms. Glick. So, one of the areas of extreme focus when I was
882
+ USAID, because I came from a technology background, was a focus
883
+ on digital technology in the application and rollout of USAID
884
+ programs. In order for the agency to be equipped for the 21st
885
+ century, we launched a digital strategy 11 months ago. It was
886
+ supposed to be in person and, of course, it was virtual, which
887
+ seems appropriate, of course.
888
+ And what we have focused on is an approach at USAID that is
889
+ digital first. Look for ways to apply solutions using digital
890
+ technologies that are available. But the critical technology
891
+ that has to reach the shores of the developing countries in
892
+ order for countries to become self-reliant and competitive in
893
+ global markets is 5G. And in order for 5G to be rolled out in a
894
+ democratic manner, one of the things that we focused on was
895
+ ensuring that secure 5G solutions were available around the
896
+ world. We can get into the software that can enable this as
897
+ well as the infrastructure, but 5G, and secure 5G, is the
898
+ critical element for digital technology in bringing education,
899
+ job opportunities, et cetera, to emerging markets.
900
+ Ms. Jacobs. Former Administrator Shah, do you have anything
901
+ to add, particularly on how we are getting these digital
902
+ learning techniques out to the hardest-to-reach students around
903
+ the world?
904
+ Dr. Shah. Well, I want to thank you for the question.
905
+ During my time there, I found that it is true that some
906
+ programs that get a lot of visibility were not necessarily able
907
+ to deliver quite as much. But there are plenty of efforts
908
+ within U.S. investments in education access that were quietly
909
+ very successful at getting new tools and technologies to very,
910
+ very remote communities, and I had a chance to visit many of
911
+ them, one in rural Nepal, for example. And I was struck by both
912
+ the effectiveness and the measurement they had put in place to
913
+ track third and fourth grade literacy and match scores
914
+ associated with that, and made that a sort of practice we try
915
+ to replicate broadly.
916
+ The other thing I would say is this is not the kind of task
917
+ that I think America should try to handle in just a bilateral
918
+ context. Investing in digitalization and digital
919
+ infrastructure, broadband access, and 5G is a task that America
920
+ can help lead together with the World Bank, and potentially,
921
+ together with the use of certain types of IMF resources that
922
+ seem like they will be made available to lower-income nations,
923
+ because this can all be part of a focused recovery effort to
924
+ restart the economy and create kind of a jobs-rich economic
925
+ recovery in many emerging economies. So, I hope that the
926
+ approach can be bilateral and multilateral.
927
+ Ms. Jacobs. Great. Thank you.
928
+ My next question is kind of addressing that poverty. We
929
+ have seen that this pandemic has erased 10 years of the income
930
+ gains for the first time since the 1990's, and global poverty
931
+ rates are increasing, as you have mentioned in your testimony.
932
+ I was wondering, besides additional funding, which I think we
933
+ all recognize is an issue, what more can USAID programs be
934
+ doing, with our partners or otherwise, to combat poverty, and
935
+ what can we do to support USAID to meet those goals?
936
+ Dr. Shah. Well, maybe I will start with that. I think there
937
+ are two big things I think that we can do besides funding. The
938
+ first is really work with multilateral institutions to
939
+ coordinate the impact of rescue and recovery packages. So, for
940
+ example, if the International Monetary Fund is able to provide
941
+ an allocation of what are called special drawing rights, but,
942
+ basically, new resources to emerging economies, in that
943
+ context, it would be great to see USAID and other bilateral
944
+ institutions sort of partnering with the World Bank and the IMF
945
+ and the development banks to make sure those many billions of
946
+ dollars are deployed effectively and are really focused on the
947
+ response and the recovery.
948
+ I think the second component is making sure that we have a
949
+ longer time horizon on these efforts. There is a big risk that
950
+ the programming we do is sort of 1-year timeframe kind of
951
+ programming. And the reality is the recovery needed to avoid
952
+ the loss of two decades of human development progress is going
953
+ to take five, six, seven, 8 years. And I would love to see more
954
+ long-term thinking applied because this moment calls for it.
955
+ Otherwise, as you point out, we will lose one or two decades of
956
+ progress fighting poverty, fighting disease, and fighting the
957
+ lack of educational access for girls across the world.
958
+ Ms. Glick. And I agree wholeheartedly with that, and
959
+ particularly, working with multilateral institutions. One of
960
+ the things that we saw in the fall meetings at the World Bank
961
+ was a call by World Bank President Malpass for debt relief for
962
+ the poorest countries that have been impacted by COVID. And
963
+ this is an area, too, where these same countries that have been
964
+ so severely impacted on many levels have been impacted because
965
+ they have bought into the Chinese Belt and Road Initiative, and
966
+ they are heavily, heavily indebted to the People's Republic of
967
+ China. It is a great opportunity for the world to focus on debt
968
+ relief for the most indebted countries and to call on the
969
+ People's Republic of China for debt relief.
970
+ Ms. Jacobs. Thank you. I yield back.
971
+ Mr. Castro. Thank you.
972
+ We will go now to Representative Issa.
973
+ Mr. Issa. Thank you, Mr. Chairman.
974
+ Ms. Glick, under your leadership at USAID, the agency
975
+ developed key strategies and policy documents such as the
976
+ Digital Strategy and Private Sector Engagement Policy. And you
977
+ comment on recommendations for the Biden administration to
978
+ continue or expand your initiatives?
979
+ Ms. Glick. Congressman Issa, thank you so much for the
980
+ question, and it is really an important one for all
981
+ administrations to recognize. I worked hard at USAID to bring
982
+ it into the 21st century. And I am hopeful that the
983
+ noncontroversial, highly lauded efforts that were undertaken to
984
+ engage with the private sector as true partners around using
985
+ digital tools to deliver development, including the recognition
986
+ that 5G is an imperative, not just for developed economies, but
987
+ for emerging markets, too, I hope and I trust that the momentum
988
+ behind these efforts carries forward.
989
+ We socialized private sector engagement in our approach to
990
+ 5G, to food distribution, to supply chain management, with
991
+ other donors, as well as across the U.S. Government. We had a
992
+ particular engagement with the Federal Communications
993
+ Commission. In fact, I signed an MOU with former FCC Chair Ajit
994
+ Pai to have our two agencies collaborate on the rollout of 4G
995
+ and 5G systems to developing countries.
996
+ There is broad recognition that in the 21st century no
997
+ country will develop if it does not have appropriate digital
998
+ tools and if children are not educated on the use of these
999
+ tools. So, this is where USAID can partner effectively with the
1000
+ private sector, particularly with local private sectors, to
1001
+ deliver solutions worldwide.
1002
+ For the Biden team, I will just say that the career staff
1003
+ at USAID is excited and more than capable to continue their
1004
+ focus on private sector engagement and on the digital strategy.
1005
+ They feel it is relevant and connected to the goals of self-
1006
+ reliance, and they are leading the agency into the 21st
1007
+ century, and others are eagerly joining in.
1008
+ Mr. Issa. Thank you.
1009
+ And hopefully, this is a quick yes-or-no question. One of
1010
+ the anomalies in the USAID package continues to be in excess of
1011
+ a million dollars a year that it spent on Cypress, a member of
1012
+ the European Union and certainly not a developing nation. Would
1013
+ it be fair to say that Congress needs to at least address the
1014
+ question of whether that pot of money, the USAID pot, should be
1015
+ spent on a disagreement, continued tension between the Greeks
1016
+ and Turks in Cypress, or whether, if we are going to make that
1017
+ investment, it should be made in some other way, particularly
1018
+ since it is a contingent expenditure?
1019
+ Ms. Glick. Sir, it is a great question, and I would just
1020
+ say that this is really where congressional oversight is so
1021
+ important, and I urge that.
1022
+ Mr. Issa. Thank you.
1023
+ Last--and this is for both our witnesses--having spent 2
1024
+ years associated with the Trade Development Agency, one of your
1025
+ sister organizations, and beginning to realize from the time I
1026
+ was originally nominated for it that TDA, USAID, the EXIM Bank,
1027
+ our entire plethora of agencies is dwarfed by China's
1028
+ engagement in Belt and Road. And you mentioned 5G, and their
1029
+ obvious desire to dominate 5G and to dominate, if you will, the
1030
+ information-gathering behind those systems they install. Could
1031
+ you each give us your view of what the vision should be for
1032
+ Congress and for this administration to create a system,
1033
+ through any or all of those agencies, that would be able to
1034
+ compete aggressively and fairly for those system developments
1035
+ throughout the world?
1036
+ Dr. Shah. Sure. Congressman, it is wonderful to see you
1037
+ again.
1038
+ And I would just say you are right, the Belt and Road
1039
+ Initiative is a trillion dollar public-private, if you can call
1040
+ it that, collaboration in China that----
1041
+ Mr. Issa. ``Public-public'' we might call it.
1042
+ Dr. Shah. You might call it ``public-public,'' exactly. But
1043
+ there is a significant amount of commercial capital included in
1044
+ that trillion dollars. And it is funding everything from 108
1045
+ gigawatts of new coal development to all kinds of projects that
1046
+ have less-than-transparent documentation with respect to
1047
+ meeting basic Western standards for anti-corruption and
1048
+ transparency around public-private investments.
1049
+ So, there is a tremendous need for the United States, in my
1050
+ view, to continue to invest in elevating the U.S. Development
1051
+ Finance Corporation and ensuring that America's foreign
1052
+ assistance agencies are working in concert with that
1053
+ institution, as well as with the World Bank and the IMF, that
1054
+ do focus on putting forward, you know, call it Western
1055
+ standards of governance of the economy and of economic
1056
+ transactions, and making sure that Bretton Woods system,
1057
+ together with the United States, can actually be an effective
1058
+ alternative proposition to the 23 or 26 countries that are
1059
+ currently actively participating in the Belt and Road
1060
+ Initiative.
1061
+ And to do that, we have to focus more on making
1062
+ concessional finance available at much larger levels. We have
1063
+ to focus more on the kinds of industries countries value, like
1064
+ energy generation and electricity distribution and access. And
1065
+ we have to be much more focused on public-private
1066
+ collaborations to that end.
1067
+ And the Rockefeller Foundation actually works on exactly
1068
+ those issues and would be happy to collaborate. But I do think
1069
+ that is what it will take to present a counter that is
1070
+ meaningful, given the scale of the Belt and Road Initiative.
1071
+ Ms. Glick. And Congressman----
1072
+ Mr. Castro. Ms. Glick, do you want to give Congressman Issa
1073
+ a quick answer on that also?
1074
+ Ms. Glick. Congressman, the quick answer on that, too, is
1075
+ the one component that China leaves out, and we do not, is the
1076
+ $60 trillion of U.S. industry that are involved in the rollout
1077
+ of large-scale infrastructure around the world. So, while U.S.
1078
+ Government is dwarfed by the PRC, and as you rightly noted is a
1079
+ public-public partnership with companies like Huawei and ZTE,
1080
+ the public-private engagement to bring in the private sector of
1081
+ the United States bumps our numbers up tenfold, at least, over
1082
+ potential Chinese investments. And so, that is where I would
1083
+ urge that the Congress focus, that agencies focus, is on true
1084
+ partnership with the private sector.
1085
+ Mr. Castro. Thank you.
1086
+ Mr. Issa. Thank you, Mr. Chairman.
1087
+ Mr. Castro. Thank you.
1088
+ Representative Omar.
1089
+ Ms. Omar. Thank you. I just wanted to start out thanking
1090
+ you, Chairman and the Ranking Member, for holding this
1091
+ important hearing. It is exciting to be here for the first
1092
+ hearing of this new committee. I am looking forward to doing
1093
+ great work together.
1094
+ The World Poverty Clock estimates that up to 120 million
1095
+ people have been thrown into extreme poverty because of COVID,
1096
+ extreme poverty meaning that their households live on less than
1097
+ $1.90 a day. The people bearing the burden of this life live in
1098
+ the south, the global south, especially Sub-Saharan Africa and
1099
+ South Asia.
1100
+ Last year, I lead a letter with Senator Bernie Sanders and
1101
+ more than 300 parliamentarians around the world to the World
1102
+ Bank, the IMF, and G20 country leaders. Our letter asked for
1103
+ serious consideration of debt cancellation as a way to address
1104
+ the rise of global poverty. One of the things we asked was for
1105
+ the IMF to issue special drawing rights, which could provide
1106
+ hundreds of millions of dollars in immediate relief to the
1107
+ world's poorest countries.
1108
+ Mr. Chairman, I would like to introduce into the record
1109
+ this article in The Financial Times from the U.N. Economic
1110
+ Commission for Africa, Vera Songwe, making the case for using
1111
+ SDRs for Africa.
1112
+ Mr. Castro. Without objection, it is entered into the
1113
+ record.
1114
+ [The information referred to follows:]
1115
+
1116
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
1117
+
1118
+
1119
+ Ms. Omar. Dr. Shah, you have been supportive of special
1120
+ drawing rights as a way to alleviate the economic crisis.
1121
+ Secretary Yellen has also shown support for this policy. Dr.
1122
+ Shah, can you explain how the IMF issuing SDRs will help ensure
1123
+ countries in Africa respond to the pandemic?
1124
+ Dr. Shah. Sure. Thank you, Congresswoman, for your
1125
+ leadership on this issues and your commitment.
1126
+ In particular, the opportunity for the United States to
1127
+ support a G20-led coalition to enable the IMF to allocate
1128
+ greater special drawing rights across its member nations would
1129
+ create, depending on the scale of that issuance, potentially,
1130
+ up to $600 or $700 billion of value that can, then, be
1131
+ allocated to nations based on their shares of the IMF.
1132
+ And in the past, we saw this coming out of the crisis when
1133
+ Gordon Brown was Prime Minister, coming out of the global
1134
+ financial crisis, and we saw some smaller actions on this front
1135
+ last year. Wealthier nations, then, would have the opportunity
1136
+ to take those SDRs, as they are referenced, and donate them or
1137
+ unlend them back to the IMF's Poverty Reduction Growth Trust to
1138
+ be used for nations that have much greater need in this moment.
1139
+ And that, effectively, does not cost the wealthier nations
1140
+ anything in the current moment.
1141
+ So, it is a way of generating fiscal support for developing
1142
+ countries at a scale that is much greater than what I suspect
1143
+ America can do by acting bilaterally alone. And it is an
1144
+ effort, then, to make sure those additional resources that go
1145
+ to those developing nations are, then, used for health and
1146
+ economic recovery, so that COVID-19 can be tackled on the
1147
+ ground and can be dealt with, and the recovery can be much
1148
+ stronger.
1149
+ I would say two points for this committee to sort of
1150
+ consider, and perhaps encourage. The first is America's
1151
+ participation in this effort would send such a powerful signal
1152
+ to the rest of the world that we are willing to work through
1153
+ multilateral institutions to, in a very efficient way, make
1154
+ resources available during a crisis.
1155
+ And the second is America, by partnering its bilateral and
1156
+ multilateral agencies and efforts, has the opportunity to, in
1157
+ particular, ensure that these resources, which could be tens of
1158
+ billions of new dollars for the health response specifically,
1159
+ are used effectively to fill this ACT Accelerator-identified
1160
+ gap of $23 billion that I spoke about in my opening statement.
1161
+ So, right now, as we look across the world at the
1162
+ Rockefeller Foundation, this is one of the few tools the planet
1163
+ has to relatively quickly put resources into play at that
1164
+ scale, and we hope that it can move forward.
1165
+ Ms. Omar. Wonderful. And I know we are running out of time,
1166
+ but I wanted you to quickly maybe tell us what should the
1167
+ United States do to make sure vaccines are distributed quickly
1168
+ to Africa, Latin America, and the rest of the global staff.
1169
+ Dr. Shah. Well, I think two things. The first is the
1170
+ immediate injection of the $4 billion to COVAX and the Global
1171
+ Alliance for Vaccines will make it possible to achieve the
1172
+ procurement goals GAVI has set or COVAX has set. As you know,
1173
+ that is still only trying to achieve 20 percent coverage for
1174
+ vaccination, and you need to get to 60, 70, 80 percent to
1175
+ really get herd immunity.
1176
+ So, the two things I think is the U.S. needs to continue to
1177
+ make sure some of these multilateral tools like SDRs can be
1178
+ linked to further efforts to expand vaccination. And the second
1179
+ one is America has been a leader in investing through USAID, in
1180
+ particular, and PEPFAR, in particular, at building the health
1181
+ systems needed on the ground to make sure these products are
1182
+ actually delivered to people in need. And now seems like a
1183
+ moment where continued American leadership on that specific
1184
+ task can be of tremendous value to the world.
1185
+ Ms. Omar. Yes. Thank you, Dr. Shah.
1186
+ Thank you, Chairman. I yield back.
1187
+ Mr. Castro. Thank you, Representative Omar.
1188
+ Let's go to Representative Sherman.
1189
+ Mr. Sherman. Thank you.
1190
+ Today, we are going to pass a $1.9 trillion bill. Less than
1191
+ 1 percent of that is there to help the world deal with this
1192
+ problem. And yet, that less than 1 percent has been subject to
1193
+ the most scathing, cheap political attacks. The fact is we have
1194
+ a strong interest in getting the world immunized.
1195
+ A diplomat would tell you that our standing in the world is
1196
+ dependent upon our contribution to world immunization. A
1197
+ theologian would tell you that we must help the least of these
1198
+ and that we have a moral obligation. An economist would point
1199
+ out that our economy cannot fully recover while our trading
1200
+ partners are sheltering in place. And a virologist will tell
1201
+ you that, with over 7 billion people in the world, until they
1202
+ all get immunity or the benefits of herd immunity, the virus
1203
+ has a chance to infect; where it infects, it replicates; where
1204
+ it replicates, it mutates, and it could easily mutate into a
1205
+ form that, then, is a problem for the United States. So, if we
1206
+ were interested only in ourselves, we would work toward world
1207
+ immunization as quickly as possible.
1208
+ Yet, there are two issues here. One is the distribution,
1209
+ and I think that will be dealt with by others in this hearing.
1210
+ And the other is the shortage of vaccine. And here's where the
1211
+ United States has been particularly shortsighted.
1212
+ There are research studies that I think will show that, at
1213
+ least for people under age 55, only half the dosage is needed.
1214
+ Yet, there are those who say we should not fund those studies
1215
+ because we will not have the results until May, and by then,
1216
+ Americans will be immunized, and who cares about the rest of
1217
+ the world. That is stupid.
1218
+ Right now, we are wasting over 10 percent of the vaccine
1219
+ because the FDA instructs people who are administering the
1220
+ vaccine, if there if half a dosage left in the bottle, to throw
1221
+ away the bottle, rather than get half the dosage from this
1222
+ bottle and half the dosage from the next bottle, which are part
1223
+ of the same manufacturing lot.
1224
+ So, Dr. Shah, it is great to see you back before our
1225
+ committee, now in a new role.
1226
+ Are we doing enough to study how we can stretch the
1227
+ existing vaccine and how we can manufacture vaccine more
1228
+ quickly, not with the finish line being May 31st, because that
1229
+ is when Americans are vaccinated, but with a goal of immunizing
1230
+ the vast majority of the people in the world?
1231
+ Dr. Shah. Thank you, Congressman, for your statement, and
1232
+ it is good to see you again.
1233
+ I do agree that the need to identify vaccine efficacy
1234
+ strategies via research will continue to be a significant
1235
+ requirement, certainly well beyond May, and potentially, for
1236
+ years to come. And I think you might think of it as covering a
1237
+ number of different areas of research and inquiry.
1238
+ The first, as you point out, is the efficacy of current
1239
+ vaccines against current variants that are present in the viral
1240
+ population. And both are going to be changing over time. So, it
1241
+ is really not something you can just end the research on. You
1242
+ have to continue to do it.
1243
+ The second is actually monitoring the variants that emerge
1244
+ from developing and emerging economies, and frankly, in the
1245
+ United States. Now, in the United States, the CDC has crafted,
1246
+ together with the NIH, a very strong plan for raising the level
1247
+ of genomic surveillance to track viral variants.
1248
+ Mr. Sherman. I would point out they have been very late to
1249
+ do that, but now----
1250
+ Dr. Shah. Yes, they have been very late to do it, but now
1251
+ there is a plan to do it. I think the country that has done it
1252
+ best is the United Kingdom, and they have done it in a public-
1253
+ private partnership with the Wellcome Trust and others.
1254
+ We are working with--and we hope the U.S. can play a very
1255
+ big role--replicating what they have done there in emerging
1256
+ environments and developing countries around the world where
1257
+ very little to no viral genomic surveillance is taking place.
1258
+ And I would say that is just as important as the other question
1259
+ of vaccine efficacy.
1260
+ And then, finally, as part of all of this, there need to be
1261
+ ways to constantly test existing vaccines and convalescent
1262
+ plasma against the new variants that do emerge, and that is
1263
+ another area that will require continued research. So, I think
1264
+ the research enterprise here has to be global and has to
1265
+ persist, frankly, for many years after most people, hopefully,
1266
+ move beyond thinking of COVID-19 as a day-to-day challenge.
1267
+ Mr. Sherman. Thank you.
1268
+ I would just comment that there is nothing that is more
1269
+ penny-wise and pound-foolish than us to fail to spend on the
1270
+ things you identify that, if we can get people vaccinated
1271
+ against the variants that we are aware of, that will reduce the
1272
+ replications and mutations that can give us a variant that does
1273
+ not yet exist. And it is perhaps the best expenditure of
1274
+ American resources to do a lot more than 1 percent of our
1275
+ expenditures on stopping this worldwide.
1276
+ I also want to take a moment to commend Mr. Castro, our
1277
+ chair, on being the first to chair any hearing of this
1278
+ subcommittee in history, and I look forward to more greats as
1279
+ good as this one.
1280
+ And I yield back.
1281
+ Mr. Castro. Thank you, Mr. Sherman.
1282
+ All right. Let's go over to Ms. Houlahan.
1283
+ Ms. Houlahan. Thank you. And I want to echo Mr. Sherman's
1284
+ commendation. This is a really important and exciting new
1285
+ subcommittee. And I actually want to focus on the title or the
1286
+ name of the subcommittee with having it ``Global Corporate
1287
+ Social Impact.''
1288
+ And my question, first question, is for Mr. Shah. I really
1289
+ am interested in corporate accountability. Are companies/
1290
+ corporations across the globe
1291
+ [audio interference] about social impact and
1292
+ responsibility?
1293
+ Mr. Castro. It looks like Ms. Houlahan's video froze there.
1294
+ Let's see if we can get her back here for a few seconds. And if
1295
+ not, then we will go--why do not we go to Mr. Kim, and then, we
1296
+ will come right back to Ms. Houlahan.
1297
+ Mr. Kim of New Jersey. Thank you.
1298
+ Mr. Castro. Mr. Kim.
1299
+ Mr. Kim of New Jersey. Yes, thank you, Chairman, for
1300
+ pulling this together.
1301
+ And we will turn it back to my colleague, Chrissy Houlahan,
1302
+ after this; hopefully, her bandwidth gets it.
1303
+ I was looking through your testimony, and you give some
1304
+ really thoughtful remarks about some of the things that we
1305
+ should be doing, especially when it comes to China. And one of
1306
+ them was about the World Health Organization, and you are
1307
+ proposing some different reforms there on that level. I have
1308
+ heard that from both people who have been supporters and
1309
+ critics of the WHO, that we be looking into reforms.
1310
+ What I want to
1311
+ [audio interference] coordinating body. In the aftermath of
1312
+ the pandemic, can we think about what do we need as a global
1313
+ structure to be able to make sure that we are better prepared
1314
+ for the next time around? And I think I want to just kind of
1315
+ hear a little more from you because some of the language you
1316
+ use is really spot-on, but also some of it, like when you say
1317
+ kind of a trimmed-back WHO, it concerns me because, in the
1318
+ aftermath of a pandemic, wouldn't we want to have more
1319
+ abilities to be able to engage globally when it comes to
1320
+ health? And I am sure that is something you agree with as well,
1321
+ but perhaps it means a different entity or a different
1322
+ structure is put into place. So, if you can just kind of
1323
+ elaborate on that a little further?
1324
+ Ms. Glick. So, there was a little bit of a lag there, and I
1325
+ am not sure I heard the entirety of your question, Congressman,
1326
+ but I think it was directed to me. And I want to thank you for,
1327
+ one, reading the testimony, and two, for the very thoughtful
1328
+ question about the World Health Organization.
1329
+ When the Trump administration made the decision to leave
1330
+ the WHO, there really was a lot of consternation in the
1331
+ international donor community, but there was no other time
1332
+ during which a U.S. exit from what is a malfunctioning
1333
+ international organization could have had a greater impact than
1334
+ during the pandemic itself. WHO has been on a slow slog toward
1335
+ complete dysfunction. And while this was made manifest to the
1336
+ world during the initial COVID-19 outbreak, it was obvious to
1337
+ global health practitioners and to people who were suffering
1338
+ from the Ebola outbreak in eastern Congo before COVID-19 hit
1339
+ the world stage. The WHO was broken.
1340
+ So, the focused attention that the Trump administration
1341
+ brought to WHO's failings in Wuhan has, hopefully, gone a long
1342
+ way to starting the reform of it. And I hope that a U.S.
1343
+ reentry into WHO will live up to its original mandate of global
1344
+ health coordination, but it needs some significant reforms.
1345
+ The Biden administration should continue to press for
1346
+ reform. WHO does not have to be all things health-related to
1347
+ nations all over the world, but, rather, it should maintain the
1348
+ high-level coordinating function that it was established to
1349
+ have.
1350
+ So, we may have forced some tough medicine onto the WHO,
1351
+ but I do think that, as you noted, a trimmed-back WHO may be a
1352
+ better coordinating body than the current WHO that is dispersed
1353
+ in 150 countries around the world and really micro-focused
1354
+ rather than focused on broad global concerns.
1355
+ Thank you so much for the question.
1356
+ Mr. Kim of New Jersey. Yes, thank you, Ms. Glick.
1357
+ I mean, look, I am open to looking at some of these reforms
1358
+ and looking for how we can improve the coordination when it
1359
+ comes to the WHO and the function there. But, again, while we
1360
+ are thinking about that, I would also need to just understand
1361
+ more clearly going forward what other structures that we could
1362
+ put in place to have some of the oversight. You know, if some
1363
+ of the problem was the lack of the WHO to be able to do proper
1364
+ inspections and oversights, and aspects like that, I worry
1365
+ about trimming back. I worry about that kind of language in
1366
+ terms of how we push on that. So, that is what I was just
1367
+ trying to get at.
1368
+ Perhaps it is not the WHO that needs to play those
1369
+ functions, but we need to put sort of a bigger apparatus
1370
+ together on how we move forward in the aftermath of this
1371
+ pandemic, once we are able to really assess on that. And I hope
1372
+ you are right that the Biden team thinks very thoughtfully and
1373
+ carefully about how we can structure that.
1374
+ So, if you do not mind, I would love to just stay in touch
1375
+ with you, Ms. Glick and Dr. Shah, about that in terms of just
1376
+ understanding that broader ecosystem in which we pull together
1377
+ what kind of public health and global health foundation and
1378
+ infrastructure we need going forward.
1379
+ And with that, I will turn it back to the chairman.
1380
+ Mr. Castro. Thank you, Mr. Kim.
1381
+ All right. We are going to circle back to Ms. Houlahan.
1382
+ Hopefully, we got the technical issues solved.
1383
+ Ms. Houlahan? There is still a lag perhaps?
1384
+ Ms. Glick. I think you are muted.
1385
+ Ms. Houlahan. Can you hear me? Hello. Can you guys hear me?
1386
+ Yes?
1387
+ Mr. Castro. Yes, we can hear you.
1388
+ Ms. Houlahan. Excellent. Excellent.
1389
+ I really want to direct my question, the first one, to Dr.
1390
+ Shah. One of the things that excites me most about the new
1391
+ committee has to do with its emphasis on global corporate
1392
+ social responsibility and interest. And my question is,
1393
+ considering kind of the power of the for-profit sector of our
1394
+ economy and the global economy, how can we, Dr. Shah, help to
1395
+ drive corporate accountability for the social impact that many
1396
+ of our companies have the ability to have?
1397
+ A lot of our companies, particularly when we speak to the
1398
+ pandemic and their opportunities to help on a global scale and
1399
+ to help address these issues, talk a really big game, but they
1400
+ do not necessarily follow through on it. And so, I was
1401
+ wondering if you might be able to comment on the importance of
1402
+ global social and environmental responsibility on the part of
1403
+ the for-profit sector, if that is something that you might be
1404
+ able to comment on for us.
1405
+ Dr. Shah. Sure. Thank you for that question, and I am glad
1406
+ that that concept is built into the structure of this
1407
+ committee.
1408
+ It is true that there have been a number of different
1409
+ efforts to enable companies to, in a more systematic manner,
1410
+ report regularly on their performance on economic, social, and
1411
+ governance issues as it relates both to domestic and
1412
+ international priorities. And I think we need to continue to
1413
+ encourage and establish those types of standards of reporting.
1414
+ And Rockefeller does a fair amount of this work, and as a
1415
+ social investor, is also actively investing in ESG or companies
1416
+ that claim to do better on economic, social, and governance
1417
+ issues. The challenge there has always been transparency and
1418
+ reporting. So, a company that pays very low wages or contracts
1419
+ out much of its work, and avoids most labor protections in
1420
+ doing so, can also have a very attractive marketing campaign
1421
+ around a few special projects and create the impression that
1422
+ they are doing well across all these issues.
1423
+ There are some indices out there. In particular, JUST
1424
+ Capital is a platform that I think is doing very good work on
1425
+ creating indicators and rankings of companies, in that case
1426
+ across the Russell 1000, that is a more sophisticated way of
1427
+ understanding corporate social responsibility and impact
1428
+ related to it. And I think an outstanding path forward for our
1429
+ country would be having some of those types of more serious
1430
+ reporting requirements built into corporate accounting very
1431
+ broadly and required in one form or another.
1432
+ Ms. Houlahan. I really appreciate that, and I appreciate
1433
+ the connection that we have today and hope to be able to
1434
+ followup with you on this particular subject.
1435
+ And I know I have a short amount of time. So, if it is OK,
1436
+ I would like to send this one over to a different subject which
1437
+ I am very passionate about, which is women and girls. This
1438
+ pandemic has been really devastating to everyone, but I think
1439
+ particularly to women and girls across this country and the
1440
+ globe.
1441
+ I was wondering, what is the most important thing that we
1442
+ can be doing with USAID to address the gender and
1443
+ [audio interference] of this pandemic? Where should we be
1444
+ focusing our efforts on both issues? Perhaps we will start with
1445
+ Ms. Glick.
1446
+ Ms. Glick. Sure. And thanks for the great question and for
1447
+ that genuine level of concern.
1448
+ We know that women and girls are the most vulnerable
1449
+ populations. And one of the things that is predicted to be one
1450
+ of the secondary or tertiary impacts of COVID-19 is going to be
1451
+ the impact that it has on livelihoods, on gender-based
1452
+ violence, and on basic education.
1453
+ And the real concern is access, access to livelihoods for
1454
+ women, out-migration very often of their male partners to other
1455
+ countries in search of higher wages, and to girls in terms of
1456
+ access to education. One of the areas where USAID can make a
1457
+ difference, I believe, again, is in the provision of education
1458
+ through digital technology. We are seeing creative ways,
1459
+ working with important partners like UNICEF, to bring education
1460
+ to internally displaced people, to refugee camps, using
1461
+ technology in a way that it has never been used before. So,
1462
+ there is keen awareness that the issues as they relate to
1463
+ girls, to their continuing education, to gender-based violence,
1464
+ as well as to the needs for women to be active and engaged in
1465
+ the marketplace, are really felt within USAID, I believe.
1466
+ One of the areas, too, where the United States shines, and
1467
+ USAID really shines, I will say, is in the delivery of the
1468
+ maternal and child health systems around the world. Because of
1469
+ the investments that have been made by the United States, more
1470
+ and more women and girls have access to health care and family
1471
+ planning.
1472
+ One of the other areas where we have made investments, and
1473
+ this Congress is upping those investments, is with GAVI, the
1474
+ global vaccine alliance, and ensuring that children have access
1475
+ in some of the poorest countries to vaccinations, which will
1476
+ allow us to move from those levels of malnutrition and poor
1477
+ health as children into healthier young adults, and then, into
1478
+ engaged members of the economy.
1479
+ Ms. Houlahan. Thank you. I really appreciate it. I know I
1480
+ have run out of time, but I did want to put focus on the
1481
+ importance of health in women and girls, and I look forward to
1482
+ reintroducing my bill on funding the UNFPA again.
1483
+ And with that, I yield back.
1484
+ Mr. Castro. Thank you, Ms. Houlahan.
1485
+ And that concludes the questions from our Members of
1486
+ Congress to our witnesses.
1487
+ I would like to thank everyone again for joining us for our
1488
+ subcommittee's first hearing. And I would particularly like to
1489
+ thank our witnesses for their expert testimony. You have given
1490
+ this Congress a lot to consider as we seek to rebuild our
1491
+ Nation's international development capacity and work force.
1492
+ For the past year, the COVID-19 pandemic has done much to
1493
+ expose and widen the fractures in societies around the world.
1494
+ Even as the pandemic causes new challenges for U.S. development
1495
+ policy, we find that American leadership in this space is more
1496
+ necessary than ever.
1497
+ I trust that the work force of USAID and the State
1498
+ Department are up to the challenge, and I am committed to
1499
+ ensuring that this Congress provides them with the support they
1500
+ need.
1501
+ Working together with international partners and
1502
+ organizations, I am confident we can build a safer, healthier,
1503
+ and more prosperous world for all of our people, and in so
1504
+ doing, ensure the safety, health, and prosperity of our own
1505
+ nation. And we look forward to the work ahead.
1506
+ Thank you.
1507
+ And with that, we are adjourned.
1508
+ [Whereupon, at 11:29 a.m., the subcommittee was adjourned.]
1509
+
1510
+ APPENDIX
1511
+
1512
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
1513
+
1514
+
1515
+
1516
+
1517
+ <all>
1518
+ </pre></body></html>
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1
+ <html>
2
+ <title> - THE ROLE OF COMMUNITY NAVIGATORS IN REACHING UNDERSERVED BUSINESSES</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+ THE ROLE OF COMMUNITY NAVIGATORS IN
9
+ REACHING UNDERSERVED BUSINESSES
10
+
11
+ =======================================================================
12
+
13
+ HEARING
14
+
15
+ BEFORE THE
16
+
17
+ SUBCOMMITTEE ON UNDERSERVED, AGRICULTURAL,
18
+ AND RURAL BUSINESS DEVELOPMENT
19
+
20
+ OF THE
21
+
22
+ COMMITTEE ON SMALL BUSINESS
23
+ UNITED STATES
24
+ HOUSE OF REPRESENTATIVES
25
+
26
+ ONE HUNDRED SEVENTEENTH CONGRESS
27
+
28
+ FIRST SESSION
29
+
30
+ __________
31
+
32
+ HEARING HELD
33
+ MARCH 18, 2021
34
+
35
+ __________
36
+
37
+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
38
+
39
+
40
+ Small Business Committee Document Number 117-006
41
+ Available via the GPO Website: www.govinfo.gov
42
+
43
+ __________
44
+
45
+ U.S. GOVERNMENT PUBLISHING OFFICE
46
+ 43-802 WASHINGTON : 2021
47
+
48
+ -----------------------------------------------------------------------------------
49
+
50
+
51
+
52
+
53
+ HOUSE COMMITTEE ON SMALL BUSINESS
54
+
55
+ NYDIA VELAZQUEZ, New York, Chairwoman
56
+ JARED GOLDEN, Maine
57
+ JASON CROW, Colorado
58
+ SHARICE DAVIDS, Kansas
59
+ KWEISI MFUME, Maryland
60
+ DEAN PHILLIPS, Minnesota
61
+ MARIE NEWMAN, Illinois
62
+ CAROLYN BOURDEAUX, Georgia
63
+ JUDY CHU, California
64
+ DWIGHT EVANS, Pennsylvania
65
+ ANTONIO DELGADO, New York
66
+ CHRISSY HOULAHAN, Pennsylvania
67
+ ANDY KIM, New Jersey
68
+ ANGIE CRAIG, Minnesota
69
+ BLAINE LUETKEMEYER, Missouri, Ranking Member
70
+ ROGER WILLIAMS, Texas
71
+ JIM HAGEDORN, Minnesota
72
+ PETE STAUBER, Minnesota
73
+ DAN MEUSER, Pennsylvania
74
+ CLAUDIA TENNEY, New York
75
+ ANDREW GARBARINO, New York
76
+ YOUNG KIM, California
77
+ BETH VAN DUYNE, Texas
78
+ BYRON DONALDS, Florida
79
+ MARIA SALAZAR, Florida
80
+ SCOTT FITZGERALD, Wisconsin
81
+
82
+ Melissa Jung, Majority Staff Director
83
+ Ellen Harrington, Majority Deputy Staff Director
84
+ David Planning, Staff Director
85
+
86
+ C O N T E N T S
87
+
88
+ OPENING STATEMENTS
89
+
90
+ Page
91
+ Hon. Jared Golden................................................ 1
92
+ Hon. Jim Hagedorn................................................ 3
93
+
94
+ WITNESSES
95
+
96
+ Ms. Rebecca Shi, Executive Director, American Business
97
+ Immigration Coalition, Chicago, IL............................. 6
98
+ Ms. Bridget Weston, Chief Executive Officer, Service Corps of
99
+ Retired Executives (SCORE), Herndon, VA........................ 7
100
+ Ms. Pilar Guzman Zavala, Chief Executive Officer, Half Moon
101
+ Empanadas, Miami, FL........................................... 9
102
+ Mr. Bruce Strong, State Director, Minnesota Small Business
103
+ Development Center (SBDC), St. Paul, MN........................ 11
104
+
105
+ APPENDIX
106
+
107
+ Prepared Statements:
108
+ Ms. Rebecca Shi, Executive Director, American Business
109
+ Immigration Coalition, Chicago, IL......................... 29
110
+ Ms. Bridget Weston, Chief Executive Officer, Service Corps of
111
+ Retired Executives (SCORE), Herndon, VA.................... 34
112
+ Ms. Pilar Guzman Zavala, Chief Executive Officer, Half Moon
113
+ Empanadas, Miami, FL....................................... 45
114
+ Mr. Bruce Strong, State Director, Minnesota Small Business
115
+ Development Center (SBDC), St. Paul, MN.................... 47
116
+ Questions and Answers for the Record:
117
+ Questions from Hon. Jared Golden to Ms. Bridget Weston and
118
+ Answers from Ms. Bridget Weston............................ 50
119
+ Questions from Hon. Jared Golden to Ms. Rebecca Shi and
120
+ Answers from Ms. Rebecca Shi............................... 52
121
+ Questions from Hon. Jared Golden to Mr. Bruce Strong and
122
+ Answers from Mr. Bruce Strong.............................. 58
123
+ Additional Material for the Record:
124
+ America's SBDC Missouri...................................... 59
125
+
126
+
127
+ THE ROLE OF COMMUNITY NAVIGATORS IN REACHING UNDERSERVED BUSINESSES
128
+
129
+ ----------
130
+
131
+
132
+ THURSDAY, MARCH 18, 2021
133
+
134
+ House of Representatives,
135
+ Committee on Small Business,
136
+ Subcommittee on Underserved, Agricultural,
137
+ and Rural Business Development,
138
+ Washington, DC.
139
+ The Subcommittee met, pursuant to call, at 10:00 a.m., in
140
+ Room 2360, Rayburn House Office Building, Hon. Jared Golden
141
+ [chairman of the Subcommittee] presiding.
142
+ Present: Representatives Golden, Crow, Delgado, Hagedorn,
143
+ Williams, Stauber, Tenney, and Salazar.
144
+ Also Present: Representative Luetkemeyer.
145
+ Chairman GOLDEN. I call this hearing to order.
146
+ I want to make sure to note a couple of important
147
+ requirements before we get going. Let me first say that
148
+ standing House and committee rules and practice continue to
149
+ apply during hybrid proceedings. All Members are reminded that
150
+ they are expected to adhere to these standing rules, including
151
+ decorum.
152
+ House regulations require Members to be visible through a
153
+ video connection throughout the proceedings, so please keep
154
+ your cameras on. Also please remember to remain muted until
155
+ recognized to minimize background noise. If you have to
156
+ participate in another proceeding, please exit this one and log
157
+ back in later. In the event a Member encounters technical
158
+ issues that prevent them from being recognized for questions I
159
+ will move to the next available Member of the same party and
160
+ recognize that Member at the next appropriate time slot
161
+ provided they have returned to the proceeding.
162
+ For those Members physically present in the Committee room
163
+ today, we will also be following health and safety guidelines
164
+ issued by the House attending physician. That includes social
165
+ distancing and the use of masks. Members and staff are expected
166
+ to wear masks at all times while in the hearing room. And I
167
+ thank you in advance for your commitment to a safe environment
168
+ for all here today.
169
+ I am proud to serve as Chair of this Subcommittee.
170
+ Underserved, agricultural, and rural small businesses have
171
+ experienced some of the harshest outcomes of the COVID-19
172
+ pandemic. The road to recovery they face is long and we should
173
+ ensure to advance policies that will prioritize them so that
174
+ they are not left behind. I hope to use this Subcommittee's
175
+ first hearing during the 117th Congress to examine the newly
176
+ created Community Navigator Program.
177
+ Throughout the COVID crisis large numbers of minority-owned
178
+ and rural small businesses found themselves on the outside
179
+ looking in when trying to access emergency relief. During the
180
+ early days of the Paycheck Protection Program and Economic
181
+ Injury Disaster Loan Advances, large financial institutions
182
+ often prioritized larger customers at the expense of
183
+ underserved rural small businesses. This lack of access to
184
+ relief added insult to injury for small businesses bearing the
185
+ brunt of the pandemic's economic impact.
186
+ When COVID struck, many small businesses in rural areas
187
+ were still financially and structurally rebounding from the
188
+ Great Recession. During 2020 slow rural population growth and
189
+ declining labor force participation led to a much slower
190
+ employment rate in rural areas than elsewhere. Rural businesses
191
+ also face a lack of access to capital in general, as well as
192
+ broadband connectivity, making pivoting to digital offerings
193
+ and adapting to the COVID business environment much more
194
+ difficult.
195
+ Minority-owned businesses have also been devastated by this
196
+ crisis. Last year the number of actively working self-employed
197
+ business owners fell dramatically across the black, Hispanic,
198
+ and Asian American communities. And minority-owned firms that
199
+ had been fortunate enough to avoid closure faced harsher
200
+ financial conditions and have less cash on hand than white
201
+ firms do.
202
+ These are the realities that led to the creation of the
203
+ Community Navigator Program. Congress authorized the program as
204
+ part of the American Rescue Plan Act of 2021. It will provide
205
+ $100 million for grants to organizations to participate in the
206
+ program and $75 million to support outreach and education. The
207
+ funding for education and outreach will go towards offering
208
+ services in the 10 most common languages other than English,
209
+ making improvements to the SBA's website, implementing
210
+ immediate campaign to educate underserved communities, and
211
+ establishing an SBA call center.
212
+ The Community Navigator Program will supply grants to
213
+ traditional business assistance organizations, like small
214
+ business development centers, women's business centers, and its
215
+ core chapters. These institutions have deep ties to the
216
+ communities they operate in and will engage trusted, culturally
217
+ knowledgeable partners to conduct targeted outreach to specific
218
+ sectors of the small business community.
219
+ This outreach can manifest in various ways, including
220
+ hiring dedicated staff to focus on these individual
221
+ communities, or partnering with specialized community
222
+ organizations and chambers of commerce via a hub and spoke
223
+ model. The Community Navigator Program seeks to engage with
224
+ underserved communities by providing technical assistance and
225
+ enhanced outreach.
226
+ For this program to meet its stated goal Congress must
227
+ closely monitor its roll out and work with the Administration
228
+ to make the program operate as effectively as possible. That is
229
+ why this hearing today is important.
230
+ I look forward to hearing from our witnesses about the
231
+ potential impact of the program on underserved and rural small
232
+ businesses and ways the Subcommittee can ensure as many small
233
+ businesses benefit as possible.
234
+ With that, I will now yield to the Ranking Member, Mr.
235
+ Hagedorn, for his opening statement.
236
+ Mr. HAGEDORN. Well, thank you, Mr. Chairman, and
237
+ congratulations on your appointment as Chair of this
238
+ Subcommittee. And on behalf of the Republican Members and
239
+ myself we look forward to working with you during this Congress
240
+ to especially help our small businesses and those in the rural
241
+ communities and the agricultural sector.
242
+ Chairman GOLDEN. I very much look forward to working with
243
+ you too and I am blessed to be two Congresses in a row working
244
+ on a Subcommittee with a Member from Minnesota. And you got the
245
+ other one sitting right in front of you.
246
+ Mr. HAGEDORN. And I know Congressman Stauber had a good
247
+ working relationship with you as well.
248
+ So small businesses from all sectors of the economy have
249
+ turned to the U.S. Small Business Administration programs for
250
+ relief during the COVID-19 pandemic. Following the launch of
251
+ the Paycheck Protection Program created by Congress in March of
252
+ last year, the SBA processed more than 14 years-worth of loans
253
+ in less than 14 days, serving or assisting over 50 million
254
+ small business jobs during the program's first run. That is
255
+ just unbelievable when you think about it, the amount of work
256
+ and loans that were run through in such a short period of time.
257
+ The success of recovery programs like PPP is undeniable.
258
+ However, there is no doubt that inconsistent guidance,
259
+ burdensome paperwork, and administrative holes and delays have
260
+ caused confusion for small businesses looking to utilize these
261
+ programs. As Democrats continue to exploit the COVID-19
262
+ pandemic as an excuse to ram through their massive spending
263
+ package and create new government programs, I believe Congress
264
+ should focus on targeted and efficient relief that will aid
265
+ small businesses as we reopen the economy.
266
+ The partisan $1.9 trillion so called American Rescue Plan
267
+ Act of 2021 directed the SBA to establish a Community Navigator
268
+ Pilot Program. This program will issue grants or contracts with
269
+ nonprofits, resource partners, states, and localities,
270
+ providing free assistance and resources to small businesses for
271
+ programs made available during the COVID-19 pandemic. It is my
272
+ hope that any new program created by Congress will aid existing
273
+ SBA resource partners in their outreach to all communities and
274
+ not duplicate current efforts.
275
+ Southern Minnesota is home to a diverse group of small
276
+ businesses. In my district it is important that rural
277
+ communities have the resources needed to contribute to the food
278
+ supply, fuel rural America, and support other local businesses.
279
+ As we move past the pandemic it is critical that we ensure
280
+ farmers and ranchers have access to the resources needed to
281
+ maintain operations. To support rural communities and
282
+ agricultural small businesses, I have introduced H.R. 1411, the
283
+ Bipartisan PPP Flexibility for Farmers and Ranchers Act, which
284
+ would allow farmers and ranchers categorized as partnerships to
285
+ utilize gross income when calculating PPP loans. I hope the
286
+ Members will support me on that bill. I think it can really
287
+ help over 100,000 farm partnerships as we move forward.
288
+ Today's hearing will explore the role of community
289
+ navigators in researching underserved communities. I look
290
+ forward to hearing from our witnesses on the outreach completed
291
+ by existing SBA resource partners, like small business
292
+ development centers, during the pandemic and how they have
293
+ reached underserved areas, including remote and rural
294
+ communities. I look forward to discussing the Community
295
+ Navigator pilot program's objectives and deliverables in
296
+ addition to the standards which the navigators will need to
297
+ uphold.
298
+ Congress has appropriated $175 million for this program and
299
+ we must ensure that we be proper stewards of the taxpayers'
300
+ dollars and that the Navigator program yields beneficial
301
+ results for small businesses.
302
+ With the economy in recovery and egregious and arbitrary
303
+ lock downs finally coming to an end, new and existing federal
304
+ COVID tools, such as the Community Navigator pilot program,
305
+ need to be closely examined to determine the most effective,
306
+ economical, and efficient next steps.
307
+ Thank you for being here today to discuss this important
308
+ topic. I yield back.
309
+ Chairman GOLDEN. Thank you, Mr. Hagedorn.
310
+ Very quickly I will explain how this hearing will proceed.
311
+ Each witness will have 5 minutes to provide a statement and
312
+ each Committee Member will have 5 minutes for questions. Please
313
+ ensure your microphone is on when you begin speaking and that
314
+ you return to mute when finished.
315
+ With that, let us introduce our witnesses.
316
+ Our first witness today is Ms. Rebecca Shi, executive
317
+ director of the American Business Immigration Coalition. As
318
+ executive director of ABIC Ms. Shi works directly with a
319
+ steering committee of over 350 CEOs, university presidents,
320
+ chambers of commerce, and immigrant advocates to support the
321
+ passage of pro immigrant policy at the state and federal
322
+ levels.
323
+ Welcome, Ms. Shi.
324
+ Our second witness--one moment. Just for one second. Our
325
+ second witness is Ms. Bridget Weston. Ms. Weston is the CEO of
326
+ SCORE. As CEO Ms. Weston provides executive leadership and
327
+ works directly and collaboratively with the board of directors
328
+ to establish the vision and direction of SCORE.
329
+ In her 10 years with the organization she has developed an
330
+ in depth understanding of the needs and challenges facing
331
+ SCORE's staff, its 300 chapters, and over 10,000 volunteers.
332
+ Welcome back, Ms. Weston.
333
+ I would now like to yield to Ms. Salazar to introduce our
334
+ third witness.
335
+ Ms. SALAZAR. Thank you, Mr. Chairman, for this opportunity.
336
+ And I would like to introduce my constituent, Ms. Pilar
337
+ Guzman Zavala. Ms. Zavala is a small business owner in the City
338
+ of Miami that I represent and the CEO of Half Moon Empanadas,
339
+ an Argentinian style restaurant based in my district. She is
340
+ also a mentor for women entrepreneurs in the City of Miami with
341
+ the WIN Lab Miami from Babson College and the Florida
342
+ International University StartUP program.
343
+ She is a Ricardo Salinas Scholarship recipient for the
344
+ Aspen Institute and a Young American Leaders Program Fellow
345
+ from the Harvard School of Business.
346
+ Additionally, Ms. Zavala is a Venture Cafe board Member and
347
+ a Miami leadership and a Miami fellow graduate.
348
+ Small businesses are the foundation of our community. And
349
+ during these difficult times our local job creators have been
350
+ absolutely devastated. I am committed to restoring our economy
351
+ and delivering much needed COVID relief for our struggling
352
+ small business owners in South Florida.
353
+ Ms. Zavala's story is truly one of the American dream, just
354
+ like mine. But her story is also one of the trials and
355
+ tribulations. And we look forward to hearing from your
356
+ experiences, Ms. Zavala.
357
+ Thank you so much for joining us today and to all of you
358
+ for doing everything you are doing for our community. Your
359
+ determination over the last year is an example to all of us
360
+ small business owners. And I specifically and my staff are
361
+ looking forward to visiting Half Moon Empanadas on our next
362
+ trip to Miami.
363
+ Thank you, Ms. Zavala. I yield back.
364
+ Chairman GOLDEN. Thank you, Congresswoman Salazar.
365
+ With snow still on the ground in Maine and I am guessing in
366
+ Minnesota too, the background in Florida there looks pretty
367
+ warm and looks nice.
368
+ But thank you for the introduction and welcome to Ms.
369
+ Zavala.
370
+ And I would now like to yield to the Ranking Member, Mr.
371
+ Hagedorn, to introduce our final witness.
372
+ Mr. HAGEDORN. Thank you, Mr. Chairman.
373
+ Our next witness is Bruce Strong, who I believe you have
374
+ met in the past and have worked with. And you were highly
375
+ complementary of his previous testimony. I am looking forward
376
+ to today.
377
+ Mr. Strong is the State Director for the Minnesota Small
378
+ Business Development Center Network. He has extensive
379
+ experience in community and economic development and in the
380
+ mortgage lending and banking industries. Mr. Strong is an Air
381
+ Force veteran and graduated summa cum laude from National
382
+ College with a degree in business administration and marketing.
383
+ Yesterday, on March 17, the nation celebrated Small
384
+ Business Development Centers Day. Small business development
385
+ centers provide valuable resources to our small business
386
+ constituents across the country. And I thank Mr. Strong and his
387
+ SBDC colleagues for their critical work to promote
388
+ entrepreneurship, small business growth, and the U.S. economy.
389
+ Mr. Strong, thank you for joining us today and thank you
390
+ for your service to our great country.
391
+ Chairman GOLDEN. Thank you, Mr. Hagedorn.
392
+ Thank you all for joining us today. And why don't we begin
393
+ with opening statements from our witnesses. First I will
394
+ recognize Ms. Shi for 5 minutes.
395
+
396
+ STATEMENTS OF REBECCA SHI, EXECUTIVE DIRECTOR, AMERICAN
397
+ BUSINESS IMMIGRATION COALITION; BRIDGET WESTON, CHIEF EXECUTIVE
398
+ OFFICER, SERVICE CORPS OF RETIRED EXECUTIVES (SCORE); PILAR
399
+ GUZMAN ZAVALA, CHIEF EXECUTIVE OFFICER, HALF MOON EMPANADAS;
400
+ BRUCE STRONG, STATE DIRECTOR, MINNESOTA SMALL BUSINESS
401
+ DEVELOPMENT CENTER (SBDC)
402
+
403
+ STATEMENT OF REBECCA SHI
404
+
405
+ Ms. SHI. Good morning, Chairman Golden, Ranking Member
406
+ Hagedorn. My name is Rebecca Shi and I am the executive
407
+ director of the American Business Immigration Coalition.
408
+ ABIC believes that the economy recovery of our nation's
409
+ small and underserved businesses is necessary to ensure our
410
+ nation's recovery from the COVID-19 pandemic. Small business
411
+ owners, especially African American, immigrant, rural, and
412
+ other underserved and isolated businesses are the engines of
413
+ their local economies.
414
+ ABIC is a bipartisan coalition of 1,200 employers, CEOs,
415
+ and business associations across 13 states, including Florida,
416
+ Texas, Maine, Colorado, New York, Arizona, Nevada, Utah,
417
+ Illinois, Massachusetts, Wisconsin, North and South Carolina.
418
+ Over the last 11 months ABIC created and implemented a small
419
+ business recovery technical assistance program, leveraging a
420
+ community navigator model. This program provides one-to-one
421
+ technical assistance for small, underserved minority-owned
422
+ businesses and growers to access critical resources, including
423
+ but not limited to the Paycheck Protection program, federal and
424
+ state small business loans and grants.
425
+ ABIC thanks Congress and President Biden for including $100
426
+ million for community navigators in the American Recovery. We
427
+ also thank Chairman Ben Cardin, Senators Marco Rubio and Susan
428
+ Collins, and Chairwoman Nydia Velazquez for working tirelessly
429
+ over the last 11 months to make improvements to the PPP,
430
+ especially for the smallest borrowers, growers, and their
431
+ lenders, like CDFIs and MDIs.
432
+ The community navigator model utilizes local nonprofits or
433
+ 501(c)(3)s in a complementary non-competitive fashion with
434
+ existing SBA technical assistance programs, like SBDCs, the
435
+ NDCs, and SCORE. The unparalleled magnitude of the COVID-19
436
+ pandemic forced shutdowns and disproportionate impact of small
437
+ minority-owned rural business and growers required a
438
+ comprehensive, common sense, grassroots response. This
439
+ community navigator model we utilize in Illinois, Florida,
440
+ Texas, and South Carolina to assist growers, black and
441
+ immigrant entrepreneurs.
442
+ This program assisted Pilar Guzman, whom you will hear
443
+ later, introduced by Congresswoman Salazar, the owner of Half
444
+ Moon Empanadas. We also assisted Chalmers Carr, the owner of
445
+ Titan Farms, the largest peach grower in the country, based in
446
+ South Carolina. He was denied a PPP loan by his bank because
447
+ they did not understand how to calculate his 1,200 H2A workers.
448
+ And Stacey Armstrong, an African American woman entrepreneur, a
449
+ single mother, who employees less than 10 people at her gourmet
450
+ popcorn shop, and she was denied a PPP first because her bank
451
+ prioritized larger firms.
452
+ Each of these of entrepreneurs was ultimately assisted in
453
+ getting a PPP loan by a community navigator and the self-help
454
+ federal Credit Union, a CDFI that understands how to work with
455
+ small and rural businesses.
456
+ Through this model ABIC directly assisted 219 small
457
+ businesses and growers to receive over $8.1 million in PPP
458
+ loans with an average amount of $37,000. This community
459
+ navigator model was later adopted by the State of Illinois'
460
+ Department of Commerce and the Cook County Illinois Economic
461
+ Recovery Initiative to disperse local business recovery grants
462
+ allocated by the CARES Act. The State of Illinois awarded $88
463
+ million in business recovery grants to black, rural, and
464
+ immigrant entrepreneurs.
465
+ I have a chart that I submitted as evidence just to show
466
+ that using the community navigator model we were able to ramp
467
+ up access to these grants to small, minority-owned, and rural
468
+ businesses.
469
+ A couple of things I just wanted to point out, that as the
470
+ navigator model ramped up from October to December of 2020,
471
+ black participation increased by 25 percent and Latino
472
+ participation increased between 30 and 46 percent. Over half of
473
+ the applications for black and Hispanic applicants were
474
+ received in November and December as a result of the
475
+ navigator's program technical assistance. And over two-thirds,
476
+ nearly 70 percent of our Spanish applications came in November
477
+ and December as the navigators did outreach and document
478
+ preparation for these borrowers.
479
+ In sum, our community navigators had over 20,000
480
+ applications by the end of October and throughout the rest of
481
+ December and we were able to award, as I said, up to $88
482
+ million.
483
+ The last thing that I would just mention is the mechanics
484
+ of this navigator model. It is a hub and spoke model. The hub
485
+ is the lead nonprofit responsible for capacity building, train
486
+ the trainers. The spokes are the grassroots nonprofits, sort of
487
+ your boots on the ground conducting direct technical
488
+ assistance, document preparation for the businesses. A
489
+ successful hub and spoke system creates an assembly line that
490
+ feeds directly into a financial institution, a CDFI, and the
491
+ goal is that the application is in excellent shape by the time
492
+ it is received by that financial institution, so we can ensure
493
+ efficiency in processing at scale.
494
+ The second piece is there is a high accountability
495
+ structure to this model. As you all know, nearly every CDFI, or
496
+ financial institution sends a processing number to the PPP
497
+ applicant when the application has been received. And so what
498
+ we require is not just, you know, general outreach or numbers
499
+ of emails sent or just webinars, we ask that each navigator
500
+ must demonstrate the receipts for the outreach so that we know
501
+ that money is getting deposited in the banks.
502
+ So I will just wrap up and just say thank you very much for
503
+ the opportunity to testify on behalf of this model.
504
+ Chairman GOLDEN. Thank you.
505
+ Ms. Weston, you are now recognized for 5 minutes.
506
+
507
+ STATEMENT OF BRIDGET WESTON
508
+
509
+ Ms. WESTON. Chairman Golden, Ranking Member Hagedorn, and
510
+ Members of the Subcommittee, thank you for the opportunity to
511
+ offer testimony today.
512
+ SCORE is the nation's largest network of volunteer business
513
+ mentors, with more than 10,000 volunteers across 240 chapters,
514
+ offering free and confidential advice and educational workshops
515
+ to small business owners.
516
+ Founded in 1964 as a resource partner of the SBA, SCORE has
517
+ helped more than 11 million entrepreneurs to start, grow, or
518
+ troubleshoot their small business. Last year SCORE helped its
519
+ clients to start over 45,000 new businesses and create nearly
520
+ 75,000 new jobs. And despite the challenging business climate
521
+ of this pandemic, SCORE helped 89 percent of our clients stay
522
+ in business throughout the year. SCORE is the most effective,
523
+ efficient business formation and job creation engine funded by
524
+ the federal government.
525
+ In 2020, our costs to create a new job was $156 and $259 to
526
+ create a new business. And for every one dollar appropriated to
527
+ SCORE, our clients return $67 in new federal tax revenue,
528
+ further demonstrating that SCORE is a good steward of the
529
+ federal dollar.
530
+ SCORE volunteers are the life blood of our organization and
531
+ are passionate about helping small businesses succeed. Our
532
+ volunteers come from all across the country with diverse
533
+ backgrounds and experience in different industries. Our core
534
+ services are mentoring, educational workshops, and online
535
+ resources. Last year, SCORE volunteers held over 315,000
536
+ mentoring sessions, guiding and supporting our clients through
537
+ the tremendous challenges brought on by the pandemic.
538
+ Many business owners told us they would to have applied for
539
+ a PPP or an IDA loan without a SCORE mentor to walk them
540
+ through the process. And our high rates of client satisfaction
541
+ are captured by our net promoter score of 87, with 70 being
542
+ considered excellent.
543
+ In addition to mentoring, SCORE provides virtual webinars
544
+ on our website and our SCORE chapters offer local workshops
545
+ that are in person or virtual. These workshops drew over
546
+ 464,000 attendees last year.
547
+ Knowing that the pandemic has hit some businesses harder
548
+ than others, one of SCORE's key areas of focus is fostering
549
+ diversity, equity, and inclusion, both for clients and
550
+ volunteers. Women and minority volunteers climbed to 38 percent
551
+ of total volunteers last year, and this 5 percent increase
552
+ represents the single biggest annual growth since we began
553
+ tracking these metrics in 2012. SCORE currently serves a
554
+ diverse range of small business owners; 60 percent of our
555
+ clients are women and 46 percent are minorities. Early this
556
+ year we launched SCORE for black entrepreneurs as part of our
557
+ SCORE For All initiative, to help serve disadvantaged
558
+ businesses. We plan to add more SCORE For All campaigns to help
559
+ these businesses survive and thrive, supporting women, rural
560
+ entrepreneurs, veterans, the 50 and older community, and
561
+ disabled entrepreneurs.
562
+ SCORE is working harder than ever to reach underserved
563
+ entrepreneurs, leveraging our community relationships
564
+ nationally and locally. National partnerships include the BIPOC
565
+ Support Foundation, Women Entrepreneurs Grow Global, and the
566
+ Latino Coalition who introduce SCORE to new communities of
567
+ small business owners. Across the nation our SCORE chapters are
568
+ already operating as effective community navigators by working
569
+ in local communities to help underserved business owners. For
570
+ example, over the past year SCORE Cleveland has rededicated
571
+ itself to bring its services to the minority business
572
+ community. The chapter has partnered with leading nonprofits
573
+ that target these communities and services have more than
574
+ doubled over last year.
575
+ When the pandemic hit, SCORE pivoted to deliver virtual
576
+ mentoring and education without missing a day of service. And
577
+ we accommodated a 30 percent increase in services last year
578
+ without any increase in funding. Now, we are at capacity and
579
+ will not be able to grow without additional resources. Based on
580
+ SCORE's continued demonstrated impact, increased demand for
581
+ services, and our plans to reach more business owners in
582
+ underserved and disadvantaged communities, SCORE is
583
+ respectfully respecting an increase, a $9.5 million in funding,
584
+ for a total FY2 appropriation of $21.7 million. That additional
585
+ funding would be spent to increase mentoring and education by
586
+ reducing the administrative burden on volunteers, provide more
587
+ direct funding to local chapters for community outreach, and
588
+ focus to help more underserved businesses.
589
+ With this relatively small investment we can provide even
590
+ greater value to the business owners and the economy. The
591
+ increased funding would allow us to deliver more than half a
592
+ million client services, with a projected outcome of 100,000
593
+ additional new businesses started or jobs created.
594
+ SCORE's mentoring and education are critical to helping
595
+ small businesses overcome their challenges and succeed. SCORE
596
+ stands ready to help our nation's most vulnerable small
597
+ business owners so they can keep their doors open and keep
598
+ people employed.
599
+ Thank you very much for your time, and I look forward to
600
+ your questions.
601
+ Chairman GOLDEN. Thank you.
602
+ Ms. Zavala, you are now recognized for 5 minutes.
603
+
604
+ STATEMENT OF PILAR GUZMAN ZAVALA
605
+
606
+ Ms. ZAVALA. Hello. Hi, everybody. It is an honor to be
607
+ speaking with you all today. Thank you, everyone, for taking
608
+ the time to listen to my story. I think it is a story that
609
+ reflects, you know, the reality of many small businesses like
610
+ mine.
611
+ Thank you, Congresswoman Salazar, for that kind
612
+ introduction. I am here in Miami, 77 degrees. But so my name is
613
+ Pilar Guzman Zavala and I am the CEO of Half Moon Empanadas. I
614
+ represent one of the almost, you know, more than 30 billion
615
+ small businesses in America. I also represent today the
616
+ minority in every sense, you know, I am a woman, I am Hispanic,
617
+ I am an immigrant. And now my company is in an industry where
618
+ there have been so much suffering and torture that I am also
619
+ one of the, you know, minority restaurants that are still open.
620
+ You know, I came to America from Mexico when I was 22 years
621
+ old, right after college. I went to Georgetown School of
622
+ Foreign Service because I wanted to understand how to create
623
+ economic development, how to elevate poverty. Little did I know
624
+ back then that I would end up creating, you know, an impact as
625
+ an entrepreneur in Miami and that my dreams will become clear
626
+ in a, you know, in a new food category in America with
627
+ empanadas, and that this immigrant that has a hard time
628
+ speaking in English in Georgetown would end up picking the
629
+ President of the United States.
630
+ You know, Half Moon Empanadas, it is a small business in
631
+ Miami with a concept of empanadas. Before the pandemic--we have
632
+ been in business 12 years, before the pandemic was had 14
633
+ stores open. The Miami Airport, the University of Miami,
634
+ different non-traditional locations here. And, you know, our
635
+ story wasn't easy. We took us--from the beginning, it took us 7
636
+ years to get a paycheck from our company. We did everything
637
+ wrong and we almost went bankrupt. It took us 10 banks locally
638
+ to actually get us our first financing for our store in the
639
+ airport. So I do know what it is to go through a financial
640
+ system and understand how that works.
641
+ You know, when COVID hit, it was literally a year ago,
642
+ March 13. That week we saw all of our stores closed. In a week,
643
+ everything was like what happened. It was really scary and I
644
+ see how great and how blessed we are to live in this country
645
+ because we were able to apply to PPP. It took us three banks.
646
+ It took us three banks to get noes because the large fund was
647
+ not very--it was not responsive. The medium bank was
648
+ overwhelmed. And so I--thanks to the community navigator, I was
649
+ able to get, you know, the support that we needed. You know,
650
+ they connected us with a local bank that approved us quickly. I
651
+ think 2 days we were approved. This helped us to stay afloat
652
+ and keep our salaries, you know, people in payroll. And because
653
+ I am also a mentor here in the community, and I am part of a
654
+ network of businesses, I joined the effort, too. And we were
655
+ able to help with ABIC, with Becca's team and Impact Fund here
656
+ in Miami, other women and Hispanic-owned companies, to get the
657
+ support. From processing documentation and gathering paperwork.
658
+ We actually got a lot of these businesses approved for PPP.
659
+ And so besides the PPP, we though we entrepreneurs don't
660
+ stop we don't like to stay still. You know, we didn't stop
661
+ there as a company. We did not only rely on help of the
662
+ government, we reinvented ourselves, we became a restaurant in
663
+ Miami making meals for seniors through our Miami-Dade County
664
+ contract and we started our efforts in the digital space, you
665
+ know, to send empanadas locally and nationally.
666
+ So when I think about this whole year, I actually was
667
+ thinking about [inaudible]. It must have been so hard for all
668
+ you guys, government officials, you know, trying to figure out
669
+ what to do and coming up with an entire package to save our
670
+ economy and our community. So I wanted to at least to take 2
671
+ seconds to thank you for the work you have done and for the
672
+ effort, because it truly has made a difference in many
673
+ businesses like mine.
674
+ I had the honor to speak to President Biden twice in the
675
+ last month. On our first call, you know, I raised my hand. My
676
+ husband could not believe that I actually interrupted the
677
+ President and I said could I please give you a suggestion. And
678
+ my suggestion to him was please remember that the small
679
+ businesses are not the large 300 businesses, it is--there are a
680
+ lot of tiny businesses that are what I consider truly a small,
681
+ of one, five, ten, twenty people, and that we need to focus on
682
+ that because we are--we sustain the economy.
683
+ So as we speak today, I am opening one store in
684
+ Congresswoman Salazar's district. I cannot express to you how
685
+ challenging it has been to open that store, because of COVID,
686
+ because how hard it has been to hire. It is just really
687
+ difficult compared to before. But I am a believer and I believe
688
+ change is possible and I truly believe that challenges bring
689
+ opportunities. And so I think this whole crisis has shown us,
690
+ you know, all of us how to work together and how to actually
691
+ focus on the things that really matter.
692
+ I am thankful for President Biden's leadership and for you
693
+ guys' leadership, for Congress to approve, you know, the help.
694
+ I do believe that this Community Navigator Program was helpful
695
+ to me and to many here locally and that we should, you know,
696
+ continue to do this kind of work.
697
+ Thank you so much for your time and your support.
698
+ Chairman GOLDEN. Thank you.
699
+ And finally we will recognize Mr. Strong for 5 minutes.
700
+
701
+ STATEMENT OF BRUCE STRONG
702
+
703
+ Mr. STRONG. Thank you, Chairman Golden. Thanks also to
704
+ Ranking Member Jim Hagedorn and Member Pete Stauber, who are
705
+ both from the great State of Minnesota, where I live and work.
706
+ I would also like to recognize Nydia Velazquez, Chairwoman of
707
+ the House Small Business Committee, Ranking Member Blaine
708
+ Luetkemeyer, and Representatives Angie Craig and Dean Phillips,
709
+ who are also from Minnesota, for their many years of service
710
+ and tireless support of small businesses throughout the
711
+ country.
712
+ My name is Bruce Strong and I am the state director of the
713
+ Minnesota Small Business Development Network, or SBDC.
714
+ SBDCs have been operating throughout the country for more
715
+ than 40 years and in Minnesota alone during that time we've
716
+ provided more than 960,000 professional consulting hours to
717
+ help 95,000 clients start 5,200 businesses, helped more than
718
+ 80,000 existing businesses, and helped them all to secure $3.2
719
+ billion in new business capital. Since March of last year our
720
+ staff has worked tirelessly and literally day and night to
721
+ double the number of clients that we served in a typical year
722
+ in response to the COVID pandemic. Demand for SBDC assistance
723
+ skyrocketed as business owners needed help with applications
724
+ for the PPP and EIDL loan programs, or to reimagine their
725
+ businesses due to government-ordered shutdowns.
726
+ Recently the U.S. Small Business Administration introduced
727
+ the Community Navigators Program. They state the intent of the
728
+ program is to broaden and intensify outreach and technical
729
+ assistance to targeted sectors of the small business community,
730
+ including persons with disabilities, women, veterans, and/or
731
+ those in minority, immigrant, rural, or other underserved
732
+ communities using a hub and spoke delivery model. We don't yet
733
+ have the details as to exactly how the program will operate,
734
+ but several SBDCs, including Minnesota, are working with SBA on
735
+ a pilot of the program to build models for the future of this
736
+ effort. A total of $175 million has been allocated to the
737
+ program under the American Rescue Plan. This is a significant
738
+ sum and we are pleased to be working with SBA to develop the
739
+ program. Assuming, that is, there is no requirement to provide
740
+ matching funds for the program.
741
+ SBDCs have long worked with other community organizations
742
+ to reach rural and underserved markets, but like other
743
+ businesses, the pandemic forced us to reimagine our own
744
+ business model. To continue meeting the surge in demand, we are
745
+ creating even more partnerships between the SBDC and local
746
+ community organizations. In Minnesota, for instance, we just
747
+ signed a contract with First Children's Finance to provide
748
+ specialized assistance to new and existing childcare
749
+ businesses. We are working to complete a similar contract with
750
+ the African Development Center to increase their services
751
+ throughout the state, and I am seeking to create even more
752
+ partnerships.
753
+ The Northern California SBDC has just launched a new
754
+ inclusivity project that provides a simple but effective
755
+ approach to reach out to the black and African community there.
756
+ It goes beyond simply providing outreach by creating an actual
757
+ challenge for the SBDC and local partners to provide real
758
+ social change to obtain capital and start new black-owned
759
+ businesses. The project has seen tremendous early success and
760
+ was met with great enthusiasm when presented to SBDC state
761
+ directors across the country just last week. So much so, that
762
+ we will be soon adopting this project for implementation in
763
+ America's SBDCs everywhere.
764
+ America's SBDC wishes to express strong support for the
765
+ Community Navigators Program and we envision it will fit
766
+ perfectly into these plans. We are particularly supportive of
767
+ the outreach portion of the funding. SBDCs have too long been a
768
+ ``best-kept secret''. We have been prohibited from marketing
769
+ our services and that has truly hampered our outreach. That
770
+ prohibition has only recently been lifted by the SBA. The
771
+ Community Navigator Program will ensure that entrepreneurship
772
+ education reaches all parts of the small business community,
773
+ and it will go a long way to help our efforts to reopen the
774
+ economy.
775
+ Thank you and I look forward to your questions.
776
+ Chairman GOLDEN. Thank you to all of our witnesses and we
777
+ appreciate all the testimony that you shared with us.
778
+ I will now move to questions and I will begin by
779
+ recognizing myself for 5 minutes.
780
+ I think I will begin with Mr. Strong. I did want to point
781
+ out that I agree with Mr. Hagedorn that the PPP program worked
782
+ well. For that matter, I agree with pretty much everyone that
783
+ has joined us and testified today about that as well. I also
784
+ look forward to hearing a little bit about H.R. 1411, your bill
785
+ on PPP in support of farm partnerships. Last Congress you
786
+ joined me, Congressman Hagedorn, in cosponsoring the SBDC
787
+ Reauthorization legislation, which we passed through the House.
788
+ Did not get taken up by the Small Business Committee in the
789
+ Senate, so hopefully we can continue that work in this
790
+ congress, but.
791
+ Mr. Strong, obviously there are some who might naturally
792
+ conclude that some of the groups out there, like SBDCs or
793
+ SCORE, could view the creation of a new program such as this
794
+ one as potentially duplicative or in competition with the
795
+ services you provide. You just ended up by putting forward
796
+ really an endorsement of the program. So I wanted to give you
797
+ the opportunity to say a little bit more about the potential
798
+ effects of the program, how you think it will interact with
799
+ SBDCs. And also if you have any concerns that should be avoided
800
+ in order to make sure that the programs are really
801
+ complementary.
802
+ Mr. STRONG. Thank you, Chairman Golden.
803
+ I don't view the program as being duplicative or
804
+ competitive with what we are already doing. Rather, I view it
805
+ as being complementary to what we are already doing. As I
806
+ mentioned, we have long had partnerships with other local
807
+ organizations to help broaden the reach of the SBDC and
808
+ particularly to provide deep reach into those markets that have
809
+ typically been underserved. We have worked with the
810
+ Metropolitan Economic Development Association, or MEDA, with
811
+ the Neighborhood Development Center, with other local nonprofit
812
+ groups and specifically those that serve communities and
813
+ communities of color.
814
+ So, again, I believe that the Navigator Program will help
815
+ us reach even more community organizations and partner with
816
+ more organizations as we have recently done with the African
817
+ Development Center and First Children's Finance here in
818
+ Minnesota.
819
+ Chairman GOLDEN. Thank you very much. And you made a great
820
+ point, by the way about previous prohibitions on marketing and
821
+ outreach. What good are these services to businesses if they
822
+ don't know that they exist in the first place. So look forward
823
+ to continue to work with the SBDCs and SCORE and others on
824
+ fixing that problem in this Congress as well.
825
+ Next I guess I would direct a question to Ms. Weston from
826
+ SCORE.
827
+ Through your work with underserved and rural small business
828
+ owners and entrepreneurs, what resources and technical support
829
+ are most often requested? And how do you think this new
830
+ partnership with the Community Navigator Program can help
831
+ address these?
832
+ Ms. WESTON. Thank you for the question, Chairman.
833
+ And with SCORE mentors seeing tens of thousands of small
834
+ business owners each year we really do have a pulse on what the
835
+ challenges that small business owners are facing. In our
836
+ mentoring sessions the common themes that our mentors hear do
837
+ relate to funding. Do these small business have position
838
+ funding or cash flow, and, along those lines too, attracting
839
+ and retaining customers. Those are the two biggest challenges
840
+ that we see.
841
+ With SCORE partnering across the country with local
842
+ community partners, as well as nationally with some of the
843
+ partnerships I had mentioned previously, it helps connect those
844
+ business owners struggling with funding opportunities, access
845
+ to capital, cash flow questions, or customer questions with
846
+ those people that have been there, done that expertise. We have
847
+ seen that the PPP and EIDL programs were more successful when
848
+ they were partnered with a mentor like SCORE, SBDC. And we want
849
+ these new federally funded opportunities, which are extremely
850
+ valuable to these business owners, be able to take advantage of
851
+ it. And SCORE mentors are ready to help those most vulnerable
852
+ business owners navigate. The key is to make sure that they are
853
+ connected to those disadvantaged and underserved communities.
854
+ We are doing that already across SCORE chapters. Maine, for
855
+ example, partners with a number or organizations like the USDA,
856
+ the Maine Farmland Trust, to make sure that that one-on-one
857
+ business mentoring service is provided to make sure they have
858
+ the best opportunity for success.
859
+ Chairman GOLDEN. Thank you very much for that. And I hear
860
+ repeatedly from business owners in Maine about how valuable the
861
+ programs and services offered by SCORE are in starting
862
+ businesses and making tough decision to keep them going as
863
+ well. So thank you for that partnership in Maine.
864
+ My time has expired and the Ranking Member, Mr. Hagedorn,
865
+ is now recognized for 5 minutes.
866
+ Mr. HAGEDORN. Thank you, Mr. Chairman.
867
+ You know, I was listening to testimony, especially from Ms.
868
+ Shi and Ms. Zavala, and they were saying how important it is to
869
+ make sure that our small businesses, all of them, have access
870
+ to especially Paycheck Protection Program and everything else
871
+ needed in order to get, especially at this time, from one side
872
+ of the Coronavirus to the other. And so I think the work of the
873
+ Committee, led by our Committee Chairwoman Velazquez and
874
+ ranking Republican Luetkemeyer, was--and you, Mr. Chairman as
875
+ well, and many Members of this Subcommittee, all of them, I
876
+ think to extend the Paycheck Protection Program by 60 days,
877
+ that bill that was just passed this week, pretty important. So
878
+ hopefully we can work with our Senate colleagues and get that
879
+ done and make sure that all of our businesses are cared for and
880
+ have proper access to the program.
881
+ So, you know, Mr. Strong, I listened to your testimony. It
882
+ is very good. And I certainly am supportive of small business
883
+ development centers and women's business centers, veteran's
884
+ business center, SCORE, you know, all of it. But you said you
885
+ think this is more of a cooperative deal, these navigators, it
886
+ is not going to be competition with you. What do you foresee
887
+ them going out and basically bringing the business back to you?
888
+ Is that kind of the concept? Or could you, you know, let me
889
+ know what your thoughts are on that?
890
+ Mr. STRONG. Sure. Thank you, Representative Hagedorn and
891
+ Chairman Golden for that question.
892
+ Again, the vision for the delivery is a hub and spoke
893
+ model. In my estimation that is the SBDC acting as the hub and
894
+ these local community partners acting as the spokes. That is
895
+ similar to how our model has worked in the past. Oftentimes,
896
+ particularly with communities of color, underserved markets and
897
+ rural markets, folks really want to talk to somebody from their
898
+ own community. They want someone that looks like them that can
899
+ identify with them, and that is the strength in my estimation
900
+ of the community partners in this hub and spoke and approach.
901
+ So I do believe it is going to be effective. I think the
902
+ outreach can actually be a combination of that provided by the
903
+ hub, by the SBDC, to make sure that folks are aware that the
904
+ Community Navigator Program exists and what it does, but then
905
+ also those local partners who can reach out specifically to the
906
+ groups within their local markets and bring clients into the
907
+ program that way as well.
908
+ Mr. HAGEDORN. Thank you. I do really appreciate the work
909
+ that you do on behalf of Minnesotans and have spoken to many of
910
+ your clients over the last several years who have been, you
911
+ know, very much aided by the work that you perform.
912
+ And during the Obama Administration we had Obamacare and we
913
+ had these community navigators then and there were some
914
+ problems with, you know, fraud and just other types of things.
915
+ Are there standards in place do you think with the Small
916
+ Business Administration that we can make sure that these folks
917
+ are going to be trained up properly and we won't have any legal
918
+ or ethical problems?
919
+ Mr. Strong, that is for you again.
920
+ Mr. STRONG. Representative Hagedorn, yes, I do--I believe
921
+ SBA does a great job of oversight of the program that we
922
+ currently run, our regular core program that has been in
923
+ operation for 40 years. They have strong measures in terms of
924
+ metrics and goals that we must achieve under that program. I
925
+ believe the same will be true under the Navigator Program. And
926
+ as long as we have a clear objective as to what this program is
927
+ to do and what it is to accomplish, I am fully confident that
928
+ the SBDCs will absolutely come to bat and make sure this
929
+ program is successful, that it meets the actual challenges.
930
+ That is already being demonstrated most recently in this
931
+ Northern California SBDC program.
932
+ So, absolutely, I believe we will--once we set clear
933
+ objectives and metrics for the program, we will be able to
934
+ accomplish them.
935
+ Mr. HAGEDORN. I hope Members on both sides would make sure
936
+ we do the proper oversight and follow up on that and make sure
937
+ what you are saying is going to work out.
938
+ Lastly, real quickly, on broadband access--and I will stay
939
+ with you, Mr. Strong, since we only have about 30 seconds--how
940
+ important it is that we make sure that folks, not just in rural
941
+ communities, but all across the country, wherever they might
942
+ be, have access to broadband and high speed access in order to
943
+ do their work and to market their businesses and so forth?
944
+ Mr. STRONG. Thanks again for that question, Representative
945
+ Hagedorn.
946
+ Clearly the COVID pandemic underlined the importance of a
947
+ strong broadband network. When we are all confined to our homes
948
+ and required to work from our homes, without a strong broadband
949
+ network, we are sunk. And that is why I believe that support
950
+ for broadband funding is critical. Here in Minnesota the
951
+ legislature is contemplating large scale programs to improve
952
+ and increase the broadband network. I hope that the same--I
953
+ trust the same is happening in other states across the country
954
+ and I hope nationally we can come to a broadband program that
955
+ helps provide a stronger network across the entire country.
956
+ Mr. HAGEDORN. Thank you. I am out of time. Appreciate it.
957
+ Chairman GOLDEN. Thank you. The gentleman's time has
958
+ expired. The gentleman yields back.
959
+ I will now recognize Representative Jason Crow, Chairman of
960
+ the Subcommittee on Innovation, Entrepreneurship, and Workforce
961
+ Development.
962
+ Mr. CROW. Thank you, Chairman. Thank you to all the
963
+ witnesses for coming in today. Really great testimony and
964
+ really good information for us to look at these programs and
965
+ how to better improve them.
966
+ You know, when I think about the Community Navigator
967
+ Program I am reminded of this program in my district where the
968
+ City of Aurora actually partners with the local nonprofit, the
969
+ Village Exchange Center; has a program called the Natural
970
+ Helpers Program where immigrants and refugees who have been
971
+ here longer actually help fellow immigrants and refugees who
972
+ have recently arrived actually navigate nonprofit resources and
973
+ find their way around the community and better integrate it.
974
+ And I think it is within that spirit that the Community
975
+ Navigator pilot program is trying to help our underserved
976
+ businesses the most.
977
+ So in that vein, starting with Ms. Shi, Ms. Shi, can you
978
+ just tell me your thoughts on what types of private, nonprofit
979
+ that are best suited to serve as community navigators?
980
+ Ms. SHI. Thank you so much for the question, Congressman.
981
+ We had the same experience at the start of the pandemic.
982
+ After the Paycheck Protection Program was rolled out, immigrant
983
+ owned businesses, refugee owned businesses, black owned
984
+ businesses, you know, came to us and they had not heard about
985
+ these other SBA programs or SBDCs. And so we trained local
986
+ nonprofits, so nonprofits that they know in their community,
987
+ that perhaps that they have gone there for English classes or
988
+ citizenship classes. And so they started doing the one-to-one
989
+ document preparation, outreach, and education about the PPP and
990
+ [Audio malfunction.]. Sometimes you can open [Audio
991
+ malfunction.] and, as you know, unique SBA processes where
992
+ there will be a host of hand holding and to get them access
993
+ [Audio malfunction.] three lenders that denied her until we had
994
+ a navigator that assisted her. And Pilar is much more
995
+ sophisticated compared to some of our small businesses and sole
996
+ proprietors [Audio malfunction.] to do this kind of work for
997
+ the ones that have the grassroots [Audio malfunction.] to our
998
+ businesses, our sole proprietors, to all [Audio malfunction.]
999
+ say do you know about these programs [Audio malfunction.]. And
1000
+ thanks to all of you [Audio malfunction.] PPP, but also be
1001
+ retroactive [Audio malfunction.]. This is the kind of outreach
1002
+ that is important and one they are made aware of the program,
1003
+ then our navigators like hold their hand and go through the
1004
+ entire document preparation for them. You know, because of the
1005
+ pandemic, for a lot of these smallest businesses, this is their
1006
+ first interaction with a government loan or a grant program,
1007
+ right. And so, you know, they are afraid, they are concerned
1008
+ and it is--you know, we all know if you check the wrong box,
1009
+ right, that affects your credit score. And then, you know,
1010
+ getting them access to a lender.
1011
+ So I would say the best types of nonprofits are not so
1012
+ much--you know, in our experience, the ones that have done this
1013
+ work before, but really are willing to get in the gutter and be
1014
+ on the ground and hold the hands of our small businesses and
1015
+ get them through from the beginning to the end. And we have a
1016
+ very, very rigorous accountability measure. Because like with
1017
+ Pilar, we need to show that the money--so.
1018
+ Mr. CROW. Ms. Shi, I will--yeah, I will stop you there. I
1019
+ want to give Ms. Zavala an opportunity to weigh in as well. But
1020
+ I appreciate that perspective and your thoughts on that very
1021
+ much.
1022
+ Ms. Zavala, any thoughts on what you think would be the
1023
+ best nonprofits that could perform these types of services?
1024
+ Ms. ZAVALA. Yes. Thank you for the question.
1025
+ I saw that the CDFIs, the small--really small one branch,
1026
+ you know, banks, the Axiom--which now I think it is a different
1027
+ name--those are organizations that are close to the small--what
1028
+ I mean when I say close is they understand the issues they have
1029
+ with not having the perfect P&L, right. I have a perfect P&L. I
1030
+ didn't have it 10 years ago. So understanding--I think what is
1031
+ good about working with the local organizations is that they
1032
+ understand how to work on the context of that small business,
1033
+ which banks don't understand.
1034
+ So and I think the issue of--you know, it is an issue of
1035
+ capacity. There is a lot of--there is the SBA, but is there the
1036
+ capacity to serve all of these? I think the numbers show that
1037
+ there is not the capacity. We need more.
1038
+ Mr. CROW. Yeah. Thank you. Thank you. I am out of time, but
1039
+ really, really great thoughts.
1040
+ Ms. ZAVALA. Thank you.
1041
+ Mr. CROW. Thank you very much.
1042
+ Mr. Chairman, I yield back.
1043
+ Chairman GOLDEN. The gentleman yields.
1044
+ I will now recognize Representative Roger Williams, Vice
1045
+ Ranking Member of the full Committee.
1046
+ Mr. WILLIAMS. Thank you, Mr. Chairman. Thank you for your
1047
+ leadership. Ranking Member, thank you. And our witnesses, thank
1048
+ all of you for being here today.
1049
+ I am a small business owner myself. I have been in business
1050
+ 50 years and still have my business and employ hundreds of
1051
+ people back in Texas. And I appreciate your stories. They are
1052
+ just so--they show the power of this great country.
1053
+ Attending a trade school and learning a skill can be just
1054
+ as valuable as going to a traditional four year college. I am a
1055
+ strong advocate of career and technical education programs and
1056
+ push back against the belief that a college degree is necessary
1057
+ to get ahead in America. If someone learns a skill they are on
1058
+ their way to eventually translating their abilities into
1059
+ starting their own small business. However, learning how to run
1060
+ a small business is not easy task, as we all know.
1061
+ So my question, to start out with, Ms. Weston, you touched
1062
+ a little bit about this earlier, but maybe you can go deeper,
1063
+ can you discuss some of the largest challenges you see from
1064
+ young entrepreneurs who come to your organization wanting to
1065
+ take a chance and start their own businesses and how any way
1066
+ the SBA can better utilize resources to spur new business
1067
+ creation? Because at the end of the day, risk and reward is the
1068
+ American dream.
1069
+ Ms. WESTON. Thank you for the question, Congressman.
1070
+ And we know at SCORE that being an entrepreneur or a small
1071
+ business owner--and you know this too--is challenging under the
1072
+ best of circumstances. And this year has been hard on everyone.
1073
+ SCORE has data that there are some groups of businesses
1074
+ that have struggled more than others, but being a business
1075
+ owner and an entrepreneur you feel that you have to be that
1076
+ person who does everything, that you--you know, you are the
1077
+ Jack or Jill of all trades and you have to wear all of the
1078
+ hats. What SCORE and SBDC and other organizations that provide
1079
+ technical support do, is we are that step by step guide to
1080
+ these businesses that help them fill those gaps when they don't
1081
+ have that information on the P&L, like small business centers
1082
+ do. You might be an expert as, you know, a plumber or a hair
1083
+ stylist, but you don't necessarily have that knowledge about
1084
+ how to do your accounting. That is where SCORE and the SBA
1085
+ resources come into play. SCORE stands ready for small business
1086
+ support for everyone. Some business owners do have unique
1087
+ challenges. We have been talking about historically under-
1088
+ represented groups and rural business owners and there are some
1089
+ needs that those groups have a greater need for, and we can
1090
+ address those too.
1091
+ The important thing is, with 30 million small business
1092
+ owners out there that we as the resource partners and the
1093
+ technical assistance, get out there, get the word out, connect
1094
+ with these community organizations that have the reach into
1095
+ those communities so that these business owners know SCORE and
1096
+ other resource partners are here to help and provide that
1097
+ support. And when the business owner steps away and uses a
1098
+ mentor to answer those questions, they are much more likely to
1099
+ successful.
1100
+ Mr. WILLIAMS. That is great. I think your support find
1101
+ there is a big difference between the sale of dollar and the
1102
+ gross of dollar. So thank you for helping on that.
1103
+ Secondly, I think the Navigator Program has the potential
1104
+ to help a large number of small businesses realize the
1105
+ resources that they have at their disposal. However, in the
1106
+ past, there have been some serious issues of fraud, and we have
1107
+ talked about that this morning, and of leaking sensitive
1108
+ consumer information that led to some security threats against
1109
+ individuals.
1110
+ Since we just allocated $100 million to this program, we
1111
+ must make sure that we are making good--or being good stewards
1112
+ of taxpayer dollars and not repeating the mistakes of the past.
1113
+ So, Ms. Shi, for you can you discuss what safeguards the
1114
+ SBA should put in place to ensure that this program is not
1115
+ opening itself up to waste, fraud, and abuse?
1116
+ Ms. SHI. Yeah, absolutely. And thank you so much,
1117
+ Congressman, for that question. And that is extremely
1118
+ important.
1119
+ So when we ran the navigator model in several states,
1120
+ including Texas, Florida, and South Carolina, we asked all of
1121
+ our navigators to show receipts for the PPP received by their
1122
+ small businesses. So that is part of our accountability
1123
+ structure. You know, I think it is very easy just to send a
1124
+ whole bunch of emails and do a webinar and say that, you know,
1125
+ we assisted businesses, right, but we actually--especially
1126
+ during this global pandemic as our businesses are struggling--
1127
+ we need to see that these funds are getting into the bank
1128
+ accounts of our small businesses as well as staying with them
1129
+ to go through the forgiveness process to turn the loan into a
1130
+ grant. So that is number one.
1131
+ And number two is working with a trusted CDFI--and the I--
1132
+ or financial institution, to make sure that, you know, all the
1133
+ Ts are crossed, Is are dotted. And, you know, as we know with
1134
+ our financial institutions, there are also multiple layers of
1135
+ assurance and accountability.
1136
+ But, so that is extremely important to us and this is
1137
+ taxpayer dollars and these are the local engines of our
1138
+ economy. And so we need to make sure that these funds are
1139
+ getting to the folks that need it the most.
1140
+ Mr. WILLIAMS. Okay. Thank you to the witness. And I yield
1141
+ my time back.
1142
+ Chairman GOLDEN. The gentleman yields.
1143
+ I will now recognize Representative Pete Stauber from
1144
+ Minnesota's 8th District.
1145
+ Mr. STAUBER. Thank you, Mr. Chair. And thanks to all the
1146
+ witnesses for providing the testimony today.
1147
+ And, Mr. Strong, thanks once again for coming to our Small
1148
+ Business Committee hearing and testifying. I am sure all the
1149
+ Minnesota Members really appreciate you coming here again and
1150
+ giving us quality time.
1151
+ I would just like to give you a moment to share what worked
1152
+ for the Minnesota SBDCs, what has it looked like during the
1153
+ pandemic, and how has it changed from what you had done prior
1154
+ to the pandemic?
1155
+ Mr. STRONG. Thank you, Representative Stauber. Thank you
1156
+ for those kind words.
1157
+ What has changed for us is the sheer volume of the
1158
+ questions and the demand that we are receiving from the public.
1159
+ Obviously the Paycheck Protection Program and the EIDL loan
1160
+ programs were critical to those small businesses that were most
1161
+ affected as a result of the pandemic. And helping those
1162
+ businesses wade through the myriad regulations for both
1163
+ programs, both the PPP and EIDL loan programs, and the changing
1164
+ requirements that occurred during the launch of those programs,
1165
+ just caused so much confusion in the marketplace. We spent a
1166
+ great deal of time just trying to decipher those changes
1167
+ ourselves and then interpret those changes to the small
1168
+ business community so that we could most effectively help them
1169
+ apply for their loan, or help them apply for forgiveness under
1170
+ the Paycheck Protection Program. We are still to some extent
1171
+ struggling with issues regarding that. And this latest deadline
1172
+ of the Paycheck Protection Program expiring and hopefully being
1173
+ extended just kind of creates ripples throughout that program.
1174
+ As Chairman Golden stated, SBA processed 14 years-worth of
1175
+ loan applications in a 14-day period of time.
1176
+ Mr. STAUBER. Mr. Strong----
1177
+ Mr. STRONG. That, you know, by itself is going to cause
1178
+ problems.
1179
+ Mr. STAUBER. Mr. Strong, I want to just thank you and your
1180
+ organization for helping out the small businesses and helping
1181
+ with the lending institutions, because when we passed that
1182
+ legislation there were some blind spots. And when we knew
1183
+ better, we did better with the flexibility portion afterwards.
1184
+ Mr. Strong, prior to the pandemic northern Minnesota was
1185
+ plagued with a childcare desert. The situation got worse during
1186
+ the pandemic. In your testimony you mentioned that Minnesota
1187
+ SBDC signed a contract with First Children's Finance to provide
1188
+ specialized assistance to new and existing childcare
1189
+ businesses.
1190
+ Can you elaborate on this? On the work you are doing?
1191
+ Mr. STRONG. Certainly. Thank you again for the question.
1192
+ First Children's Finance has been around for a long time.
1193
+ They are a nonprofit group, they are a CDFI as well. They
1194
+ specialize in helping childcare businesses with all of the
1195
+ nuances, the legislation, and the requirements that are
1196
+ expected of a childcare business. And so partnering with them
1197
+ the SBDC will help broaden--the outreach will help broaden
1198
+ their outreach. It helps bring funding to them so they can pay
1199
+ additional counselors to come alongside. But it also helps the
1200
+ SBDC because we can help with the business aspect of running a
1201
+ childcare business, even though we may not necessarily
1202
+ understand all of the nuances of those requirements.
1203
+ And you are exactly right, the childcare industry was
1204
+ struggling even pre-COVID. In Minnesota we found that small
1205
+ businesses were unable to grow because their employees weren't
1206
+ able to find adequate childcare, particularly in rural markets.
1207
+ We are hoping and trusting--we believe that partnering with
1208
+ First Children's Finance will be of great benefit to the SBDC
1209
+ and all Minnesota businesses.
1210
+ Mr. STAUBER. And, Mr. Strong, I think that is really great
1211
+ news because we know when there is adequate, secure childcare
1212
+ that benefits the economy, especially coming out of this COVID
1213
+ crisis. We want to make sure that the workforce is there to be
1214
+ had and having safe, secure childcare is certainly a priority.
1215
+ So, Mr. Strong, once again, thank you for your testimony,
1216
+ and we will see you shortly.
1217
+ And, Mr. Chair, I yield back.
1218
+ Mr. STRONG. Thank you.
1219
+ Chairman GOLDEN. The gentleman yields.
1220
+ I will now recognize Representative Claudia Tenney from New
1221
+ York's 22nd.
1222
+ Ms. TENNEY. Thank you, Mr. Chairman, and thank you to
1223
+ Ranking Member Hagedorn, and the witnesses as well. Great to
1224
+ hear from all of you. And thank you for holding this important
1225
+ hearing.
1226
+ Obviously the COVID-19 situation has been challenging for
1227
+ all of us, all Americans, and especially our small business
1228
+ community, which are truly the backbone of our economy. And I
1229
+ can't emphasize that enough. As a small business owner in New
1230
+ York's 22nd District, over 94 percent of the workforce in my
1231
+ district come from small businesses. So our community's
1232
+ success, our economic success, depends on the success of our
1233
+ small businesses.
1234
+ Last week I launched a small business outreach tour to meet
1235
+ with business leaders and employers across the 22nd District.
1236
+ So far I have met with over 30 businesses, have spoken with
1237
+ hundreds in the past, and have had the opportunity to discuss
1238
+ their priorities and their needs for relief and recovery.
1239
+ The two common questions that I get are what programs and
1240
+ resources are available and, second, how do we navigate some of
1241
+ these cumbersome applications processes and rules. And I know
1242
+ as a business owner, also as an attorney, federal programs, you
1243
+ know, have helped thousands of businesses in my state,
1244
+ particularly in our underserved and rural communities, which my
1245
+ district is. We must continue to reach out to these underserved
1246
+ communities and educate our employers on how to use these
1247
+ resources and their employees. It is also imperative to
1248
+ understand that these programs need to be made simpler and
1249
+ easier to use because so many small business owners are so busy
1250
+ running their businesses they really don't have time to hire
1251
+ compliance teams and teams of lawyers. And I know that as my
1252
+ business was started over 75 years ago and I have been one of
1253
+ the owners for over 35 years, so I understand how complex this
1254
+ can be. And I really appreciate our witnesses.
1255
+ And my first question--and some of these have been
1256
+ answered--I would like to address to Ms. Weston. And first I
1257
+ want to say thank you so much for SCORE. I have--as a business
1258
+ owner also, many of my colleagues have used SCORE and it has
1259
+ been a wonderful asset to people in the business community. So
1260
+ I just wanted to ask you, so many of these business owners have
1261
+ said this is--getting the money and the Navigator Program has
1262
+ been so daunting. What do you consider the biggest barrier and
1263
+ what recommendations do you have to fix those issues? Briefly,
1264
+ if you could.
1265
+ Ms. WESTON. Well, thank you so much for the question,
1266
+ Congresswoman. And maybe one day you will consider becoming a
1267
+ SCORE volunteer since you are a small business owner yourself.
1268
+ So one of the things that we heard from our clients,
1269
+ especially as it relates to PPP and EIDL, was just that
1270
+ Congress acted so quickly, there was such a drive to help these
1271
+ small business owners, and when things were really done quickly
1272
+ there was confusion--how to apply, who can apply for these
1273
+ loans, what that process is. And so what SCORE was able to do
1274
+ is set up our small business resilience program, which paired
1275
+ mentoring, check list, and step-by-step guides that were
1276
+ industry specific to help these businesses navigate the
1277
+ challenges they are facing.
1278
+ So we saw nearly 600,000 people through that portal to help
1279
+ answer questions in a timely, specific, guided fashion so that
1280
+ we could get them to the right lender, the right program, the
1281
+ right resource. What we have seen is that these guides, mentors
1282
+ from SCORE or other resource programs, are what can really help
1283
+ make these federally funded programs successful. And the
1284
+ communication would be helpful across lines collaborating with
1285
+ other resource partners and other agencies.
1286
+ Ms. TENNEY. And as you say that, I know you recommend more
1287
+ communication. We also have state programs that are now going
1288
+ to be enhancing some of the federal programs. And so that is
1289
+ where I consider SCORE would be a great resource for us to be
1290
+ able to access them.
1291
+ Thank you, though. I appreciate that.
1292
+ And for Mr. Strong, I wanted to ask a question about
1293
+ childcare, which is really important to me as a single mom, how
1294
+ important it is to have reliable safe childcare. But Mr.
1295
+ Stauber hit that question, but I was just going to ask you in
1296
+ looking at this model, a lot of businesses--this pandemic is
1297
+ forcing everyone to reimagine their business model. And in
1298
+ response to the demand, what would you say for the SBDC, what
1299
+ could we implement in a rural setting to help people in a
1300
+ pandemic for the future and how do we best reach out to some of
1301
+ these people in rural settings? I am running out of time, but
1302
+ if you could answer real quick, I would appreciate it.
1303
+ Thank you.
1304
+ I guess I will yield my time back. I am sorry.
1305
+ Mr. STRONG. I lost your audio. I couldn't get the question.
1306
+ Ms. TENNEY. Mr. Chairman, we will address it in another
1307
+ meeting.
1308
+ Thank you so much. We will catch up with you in a private
1309
+ setting.
1310
+ Thank you.
1311
+ Chairman GOLDEN. The gentlewoman yields. Sorry about the
1312
+ technical difficulties. And we can submit it for the record if
1313
+ you like.
1314
+ Ms. TENNEY. Absolutely. You need more broadband. Thank you.
1315
+ Chairman GOLDEN. That is the truth.
1316
+ I will now recognize the Ranking Member of the full
1317
+ Committee, Blaine Luetkemeyer from Missouri's 3rd Congressional
1318
+ District.
1319
+ Welcome, Ranking Member Luetkemeyer.
1320
+ Mr. LUETKEMEYER. Thank you, Mr. Chairman. And thank you all
1321
+ of the witnesses.
1322
+ I have been listening in my office and trying to keep a lot
1323
+ of balls in the air this morning here. I apologize for getting
1324
+ here a little late. But, you know, one of the things that
1325
+ concerns me are--that I have been watching here is that, you
1326
+ know, I had a meeting this week with an SBIC group, a small
1327
+ business investor, and they were telling me that they were
1328
+ doing basically what the navigator proposal in this CARES Act,
1329
+ or the funding bill, actually was doing. So I mean I am
1330
+ curious--you know, they were trying to bring together all the
1331
+ different groups, whether the chamber or the libraries--in fact
1332
+ is one of the groups they were talking about, as well as
1333
+ historic and black colleges that they were working with and
1334
+ some other partners. So if they are already doing this, is this
1335
+ really necessary? What is your--can you explain to me? Mr.
1336
+ Strong, for instance, can you give me the reason why this is a
1337
+ good deal? Or should we continue it or change it around? Or
1338
+ what is your suggestion here?
1339
+ Mr. STRONG. I am sorry, Congressman. I lost the last part
1340
+ of your question.
1341
+ Mr. LUETKEMEYER. Okay. I was curious as to whether you
1342
+ believed--or what your opinion would be with regards to the
1343
+ necessity of the Community Navigators pilot program here in the
1344
+ COVID relief bill because I was talking with some folks in SBIC
1345
+ this week and they do the same thing--some SBDC folks that are
1346
+ doing the same thing.
1347
+ So are we duplicating services I guess is my question?
1348
+ Mr. STRONG. Well, thank you, Congressman. I appreciate the
1349
+ question.
1350
+ And, again, it is going to be a challenge. It is always a
1351
+ challenge, especially when Congress is trying to act in as
1352
+ robust a fashion as they are. It seems like a lot of these
1353
+ programs are duplicative, but I think it is simply going to
1354
+ help increase the outreach and the effectiveness of the
1355
+ partnerships between SCORE, the SBDCs, the Women's Business
1356
+ Centers, and all of their local community organizations to
1357
+ provide even greater outreach into markets that haven't
1358
+ historically been very well served.
1359
+ We continue to hear about underserved markets, particularly
1360
+ in communities of color and in rural markets. The more folks we
1361
+ can have out there helping the existing small businesses and
1362
+ potential small businesses, I think the better.
1363
+ Mr. LUETKEMEYER. Can you explain to me who all is going to
1364
+ qualify for this money and how they get it?
1365
+ Mr. STRONG. No, I am afraid I can't. We haven't gotten the
1366
+ details of the program yet. I have only seen it in concept
1367
+ form. We are anxiously awaiting what the actual details of the
1368
+ program will be, eligibility criteria, and more importantly, or
1369
+ just as importantly, the metrics and goals that we hope to
1370
+ achieve through the program. I think that speaks to your
1371
+ question about effective use of this funding. We need to have
1372
+ clear cut goals, we need to have clear cut eligibility, and we
1373
+ need to have clear cut metrics for the outcomes of the program
1374
+ to evaluate its success.
1375
+ Mr. LUETKEMEYER. If we are delaying--and SBA has got a lot
1376
+ of balls in the air right now. They have got a lot on their
1377
+ plate and I am very concerned about that. I am working with
1378
+ them on a lot of other issues right now. And if it is going to
1379
+ be a delay in getting this information out, putting this
1380
+ program together, how worthwhile is it if you wait until
1381
+ September to get it done, for instance? If we wait, you know, 4
1382
+ or 5 months here, is it still going to be effective? Or is it--
1383
+ at that point we will be over the hump, so to speak, such that
1384
+ it is not going to be necessary?
1385
+ Mr. STRONG. Thanks again, Congressman for the question.
1386
+ I believe that the problem with underserved markets has
1387
+ been around a lot longer than the COVID pandemic. I think
1388
+ anything that we can do to help increase outreach to those
1389
+ markets is going to be beneficial. You know, if a delay--and
1390
+ hopefully it won't be 4 or 5 months before we get clearer
1391
+ marching orders on the pilot program isn't necessarily going to
1392
+ have an overall impact on its effectiveness.
1393
+ Mr. LUETKEMEYER. Just a quick question for you with regards
1394
+ to the other programs that are out there. I am not sure you are
1395
+ involved with them, but just to kind of get your opinion on
1396
+ them real quickly. With regards to the restaurant program, for
1397
+ instance, are you working with any of the groups? Do you think
1398
+ that is going to be pretty impactful, those restaurant grants?
1399
+ Mr. STRONG. I don't think there is a more important program
1400
+ out there than the restaurant grants. But, again, we have seen
1401
+ absolutely no details on what it will do or how it will work.
1402
+ But I can tell you--and Minnesota is not unique here--the
1403
+ hospitality industry has been decimated as a result of COVID
1404
+ and the required business closures that took effect as a result
1405
+ of that.
1406
+ So absolutely we must provide some support to the
1407
+ restaurants and hospitality industry.
1408
+ Mr. LUETKEMEYER. Well, I think the key--I thank the
1409
+ Chairman for his diligence here--but I think the key is going
1410
+ to be how these grants are doled out, how they are applied for,
1411
+ and how they--what kind of oversight is provided over them
1412
+ because I think it is a situation that is ripe for fraud if we
1413
+ are not careful. And I think hopefully you will work with us to
1414
+ provide some expertise in this so we can find a way to minimize
1415
+ that.
1416
+ With that, I yield back the balance of my time.
1417
+ Thank you.
1418
+ Chairman GOLDEN. Thank you. The gentleman yields.
1419
+ And we would now recognize Representative Maria Salazar
1420
+ from Florida's 27th for 5 minutes.
1421
+ Ms. SALAZAR. Yes, and thank you very much, Chairman.
1422
+ I want to congratulate Ms. Pilar Guzman because I think you
1423
+ are the epitome of the American dream and we need more people
1424
+ like you in this country. People that came with really not
1425
+ knowing any English, as you said, but willing to work and to
1426
+ take advantage of this fantastic American dream, or the
1427
+ American system that the Founding Fathers put together for
1428
+ people like you and me. So I think that we not only have love,
1429
+ but gratitude for this country. And I am sure that you feel the
1430
+ same way.
1431
+ And, look, not only were you able to come, you were able to
1432
+ stay, you learned the language, you went to school, and then
1433
+ you put together a business, came COVID, and the government
1434
+ gave you money so you could keep that business. Where does that
1435
+ happen? Nowhere else. Is that true? Nowhere else. And that is
1436
+ why I congratulate you and I think that we Hispanic Americans,
1437
+ first generation, we should celebrate what a fantastic country
1438
+ we have. And that is why I am in Congress, because--and you are
1439
+ in business--because we want to keep this system for the future
1440
+ of our children.
1441
+ Am I right?
1442
+ Ms. ZAVALA. Yes, I support that 100 percent.
1443
+ Ms. SALAZAR. and I just wanted to ask you, in which way we
1444
+ could spread the word and help other businesses like yours,
1445
+ specifically in our district, Miami and south Florida in order
1446
+ to--what else do you think we could do in order to send a
1447
+ message and give the info to people like you in order to
1448
+ continue living the American dream?
1449
+ Ms. ZAVALA. Yeah, thank you for that question,
1450
+ Congresswoman.
1451
+ I think that it is crucial that we support groups like
1452
+ ABIC, like Impact Fund here in Miami. I saw how hard it was for
1453
+ me, and I am a little bit sophisticated in the sense of, you
1454
+ know, I have systems in place, I have, you know, financials in
1455
+ place. It is so hard as a small business to understand what the
1456
+ PPP was, how to apply to it. You know, the bank wasn't
1457
+ replying. So, you know, ABIC in that sense helped me connect to
1458
+ the opportunity because I couldn't get in. With all my network
1459
+ in Miami, I could not get the PPP. So imagine the majority of
1460
+ the businesses that don't have that network, that are not
1461
+ mentors to other businesses, that don't have the community
1462
+ connections, they need ABIC, they need Impact Fund.
1463
+ And what I say is, you know, it is great with the SBA, you
1464
+ know, has done, you know, during the crisis and before, but we
1465
+ must recognize that the numbers don't lie. This is not about
1466
+ parties or emotions, it is about numbers. And so we need to
1467
+ look at the numbers, who is getting the finance help. And why
1468
+ is it that the underserved, you know, communities don't have
1469
+ that access to financing. And in this case the PPP--the PPP
1470
+ just highlighted the systemic problem we have.
1471
+ And so I think that one of the challenges is that we need
1472
+ more technical assistance, we need more, you know, guidance in
1473
+ how to getting a small loan, because we are lost. Access to
1474
+ information and having these local partners working one-on-one
1475
+ with businesses that already know them, it is important.
1476
+ Ms. SALAZAR. And I thank you, because that is why I created
1477
+ a prosperity center within my congressional office. And I am
1478
+ glad that you are telling me that information is power. Because
1479
+ the more info that we put out there into the community for
1480
+ people like you--because like you said, that you had certain
1481
+ knowledge. There are many other businesses that are not as
1482
+ sophisticated or have as much information as you have.
1483
+ So thank you for that.
1484
+ I am not sure if I have to yield my time back or if I have
1485
+ a few more minutes. I don't have the----
1486
+ Chairman GOLDEN. You still have a minute to go if you would
1487
+ like to ask another question.
1488
+ Ms. SALAZAR. I could have--yeah.
1489
+ And now let me ask you this, what about the--like you were
1490
+ saying, I have to definitely recognize the local people in the
1491
+ Impact Fund, our local partners who are with the American
1492
+ Business Immigration Council, ABIC, to help you connect and to
1493
+ give you those tools and that information, that technology or
1494
+ know that information, basic knowledge in order to be able to
1495
+ navigate the system and get to the money.
1496
+ Now, the info in Spanish, even though you were
1497
+ knowledgeable in English, what else can we do for those people
1498
+ that also want to live the American dream but still do not
1499
+ understand the literature in English? What have you found out
1500
+ there? Do we need to promote more material in Spanish?
1501
+ Ms. ZAVALA. Yes. I mean I think that first we need to just
1502
+ have the information available. You know, people were just lost
1503
+ in the process. Like nobody knew what to do with the PPP. And
1504
+ so, yes, it will be very helpful to have it in Spanish as, you
1505
+ know, the majority of our businesses here locally are Spanish
1506
+ speaker businesses. So certainly that is important and that is
1507
+ I think one of the barriers for many of our businesses.
1508
+ Ms. SALAZAR. Thank you very much for that info. Thank you
1509
+ Ms. Guzman. Looking forward to meet you when I go down to
1510
+ Miami.
1511
+ Ms. ZAVALA. Thank you, Congresswoman.
1512
+ Ms. SALAZAR. I wish you a lot more success in opening up
1513
+ many more Half Moon Empanadas shops.
1514
+ Ms. ZAVALA. Thank you.
1515
+ Ms. SALAZAR. I yield back. Thank you, Chairman.
1516
+ Chairman GOLDEN. Thank you very much.
1517
+ I am going to ask a few more questions, so second round if
1518
+ Members can bear with me. I certainly recognize if you are not
1519
+ able to stick it out, however, Mr. Hagedorn, but if you do have
1520
+ more questions, I am happy to recognize you after.
1521
+ Thank you to the witnesses. Just a few more questions.
1522
+ One of them--I guess I will just follow up with you, Ms.
1523
+ Zavala, because that was a really good exchange right there.
1524
+ You know, early on in the pandemic my office was hearing from
1525
+ many, many businesses who were very eager for help from EIDL,
1526
+ from PPP, had a lot of questions. SBA staff were very busy
1527
+ working with the Treasury trying to build the program, and as a
1528
+ result people were really struggling to get information.
1529
+ One of the things that the American Rescue Plan authorizes
1530
+ at SBA is a call center, where business owners such as yourself
1531
+ could call to get information, how do I apply, you know, what
1532
+ are the guidelines, you know. Many people were very concerned
1533
+ about taking the loan not knowing how they might qualify for
1534
+ forgiveness. These types of questions were everywhere. And as
1535
+ you said earlier, people were very concerned.
1536
+ Do you think that having a call center that you could have
1537
+ called at the beginning when you were contemplating the
1538
+ Paycheck Protection Program and things like EIDL, would have
1539
+ been helpful? And would you have called it if it had existed?
1540
+ Ms. ZAVALA. Thank you for the question, Chairman.
1541
+ Yes. I mean I think that as the information is what was
1542
+ missing, the access is what--sometimes people were lost. Even
1543
+ before the pandemic, think about it, like where do you get
1544
+ financing. I get those questions all the time when I do
1545
+ mentorship. I get texts from companies, from people, I need
1546
+ support for this financing wise. Like there is a lack of
1547
+ information. And so, yes, a call center--there was an effort
1548
+ here in Miami led by the city Foundation where they put
1549
+ together a website with like specific questions about where to
1550
+ get the help during COVID, the loans or the individual help.
1551
+ And so, of course, those are important efforts.
1552
+ Chairman GOLDEN. Thank you very much.
1553
+ You know, I also wanted to say just thinking about the
1554
+ early weeks and months of the pandemic and the emergency it
1555
+ caused for a lot of small businesses, I actually had almost my
1556
+ entire team establish what we called a task force completely
1557
+ focused on aiding small businesses and accessing the EIDL and
1558
+ PPP. Even my D.C. staff were on the phone lines trying to
1559
+ develop expertise to connect business owners with assistance.
1560
+ And, you know, I think it was one of the beautiful things
1561
+ that this Committee really took part in early on. Having had
1562
+ the PPP established--it wasn't perfect, we had to roll it out.
1563
+ And there was a lot of great oversight done by the entire
1564
+ Committee that resulted in follow on actions that improved the
1565
+ program over time and more, you know, accurately targeted it
1566
+ where it needed to be to have the biggest impact as time went
1567
+ on. A really important effort.
1568
+ And one thing I--you may be aware, maybe you are not--I
1569
+ actually voted against the American Rescue Plan, but as
1570
+ Chairman of the Subcommittee I certainly intend to take part in
1571
+ that kind of collaborative oversight to make sure that these
1572
+ programs are very successful for all the businesses that are
1573
+ out there. Certainly there is a lot of need that remains.
1574
+ So another question I wanted to ask for Ms. Shi, you ran
1575
+ the pilot program on the Community Navigator Program in various
1576
+ different states, could you talk a little bit about some of the
1577
+ issues you came across that SBA and this Committee should be
1578
+ aware of in order to avoid those same mistakes occurring as the
1579
+ program rolls out nationally?
1580
+ You are muted. I am sorry, ma'am. Go ahead, try again.
1581
+ Looks like we may have some technical difficulties. We will
1582
+ submit that one for the record.
1583
+ Ms. SHI. Is this better?
1584
+ Chairman GOLDEN. Yes.
1585
+ Ms. SHI. Oh, I am so sorry about that.
1586
+ Yes, so some of the issues that we identified were the
1587
+ access to lenders, were for the sole proprietors, the Schedule
1588
+ C issues of not being able to have a fuller relief through the
1589
+ calculating with the gross income. And I would just say that
1590
+ because these were the boots on ground, it sounds similar,
1591
+ Chairman, with your office. Almost seems like you had your
1592
+ whole team as navigators. But really holding these small
1593
+ businesses' hands to get these loans and then helping to turn
1594
+ the loans into the grants were some of the issues and that we
1595
+ reflected back to the Committee, to the Chairwoman Velazquez--
1596
+ and thank you for her leadership on this--and to try to get the
1597
+ program major improvements over time as we have seen.
1598
+ And just the other issue I think a couple of times that has
1599
+ come up about the accountability and the anti fraud measures.
1600
+ The other thing that we did in our program is to make sure the
1601
+ navigators and organizations that weren't producing, that were
1602
+ not helping businesses get the money in the bank, were defunded
1603
+ from the program, right. So that this is--we are in a pandemic,
1604
+ we are in an emergency, we require high performance and that
1605
+ these businesses like Pilar's, and even smaller employers, do
1606
+ get the funds that they deserve and do it quickly, so.
1607
+ Chairman GOLDEN. Thank you. My time has expired on the
1608
+ second round. So I did want to make sure to offer an
1609
+ opportunity for further questions to the Ranking Member.
1610
+ Mr. HAGEDORN. I have no more questions at this time. I
1611
+ would be happy to yield to our Ranking Member for any further
1612
+ question.
1613
+ But thank you.
1614
+ Chairman GOLDEN. Very good.
1615
+ Well, I want to thank all of our witnesses for joining us
1616
+ today and all of the feedback that you provided. And certainly
1617
+ appreciate you bearing with us through all the technical
1618
+ difficulties that exist out there. Some people have commented
1619
+ on the side here more evidence of the need for this Committee
1620
+ to stay focused on access to high speed internet, particularly
1621
+ for small business owners all over America. And I think I heard
1622
+ the Ranking Member comment he looks forward to having everyone
1623
+ back in the Committee. I couldn't agree more.
1624
+ But, with that, just some closing remarks.
1625
+ You know, to the witnesses, your testimony today will be
1626
+ valuable as the Administration and this Committee moves forward
1627
+ to stand up and fine tune the Community Navigator Program. For
1628
+ a nearly a year COVID has hit underserved, agricultural, and
1629
+ rural small businesses particularly hard. Congress has taken
1630
+ many steps to make relief programs such as the Paycheck
1631
+ Protection Program, EIDL, and others there for small businesses
1632
+ more accessible, equitable, and to ensure that our small
1633
+ businesses get the greatest, you know, help out of this
1634
+ Congress and these programs as possible. But certainly there is
1635
+ always room to continue to make improvements.
1636
+ Today we have heard about the impact that this program
1637
+ could have in underserved small businesses. That is why
1638
+ Committee Members need to do everything we can to ensure that
1639
+ the program is sped up and run effectively and efficiently
1640
+ without waste on getting the help into the hands of those who
1641
+ need it the most.
1642
+ So, with that, I look forward to continuing to work with my
1643
+ fellow Committee Members and the Committee staff as we take a
1644
+ look at the roll out of this program and continue to support
1645
+ things like the Paycheck Protection Program, as we just
1646
+ extended the ability of small businesses to access that program
1647
+ through the remainder of the month of March.
1648
+ With that, I think I will go ahead and close it out and ask
1649
+ unanimous consent that Members have 5 legislative days to
1650
+ submit statements and supporting materials for the record. And,
1651
+ without objection, so ordered.
1652
+ [Whereupon, at 11:34 a.m., the subcommittee was adjourned.]
1653
+ [Ms. Pilar Guzman Zavala did not submit her QFR's in a
1654
+ timely manner.]
1655
+ A P P E N D I X
1656
+
1657
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1658
+
1659
+ [all]
1660
+ </pre></body></html>
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1
+ <html>
2
+ <title> - THE INTERACTION BETWEEN THE PAYCHECK PROTECTION PROGRAM AND FEDERAL ACQUISITION RULES: WHAT IT MEANS FOR GOVERNMENT CONTRACTORS</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+ THE INTERACTION BETWEEN THE PAYCHECK
9
+ PROTECTION PROGRAM AND FEDERAL
10
+ ACQUISITION RULES: WHAT IT MEANS FOR
11
+ GOVERNMENT CONTRACTORS
12
+
13
+ =======================================================================
14
+
15
+ HEARING
16
+
17
+ BEFORE THE
18
+
19
+ SUBCOMMITTEE ON CONTRACTING AND INFRASTRUCTURE
20
+
21
+ OF THE
22
+
23
+ COMMITTEE ON SMALL BUSINESS
24
+ UNITED STATES
25
+ HOUSE OF REPRESENTATIVES
26
+
27
+ ONE HUNDRED SEVENTEENTH CONGRESS
28
+
29
+ FIRST SESSION
30
+
31
+ __________
32
+
33
+ HEARING HELD
34
+ MARCH 23, 2021
35
+
36
+ __________
37
+
38
+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT
39
+
40
+
41
+ Small Business Committee Document Number 117-007
42
+ Available via the GPO Website: www.govinfo.gov
43
+
44
+ __________
45
+
46
+
47
+ U.S. GOVERNMENT PUBLISHING OFFICE
48
+ 43-803 WASHINGTON : 2021
49
+
50
+ --------------------------------------------------------------------------------------
51
+
52
+
53
+
54
+ HOUSE COMMITTEE ON SMALL BUSINESS
55
+
56
+ NYDIA VELAZQUEZ, New York, Chairwoman
57
+ JARED GOLDEN, Maine
58
+ JASON CROW, Colorado
59
+ SHARICE DAVIDS, Kansas
60
+ KWEISI MFUME, Maryland
61
+ DEAN PHILLIPS, Minnesota
62
+ MARIE NEWMAN, Illinois
63
+ CAROLYN BOURDEAUX, Georgia
64
+ JUDY CHU, California
65
+ DWIGHT EVANS, Pennsylvania
66
+ ANTONIO DELGADO, New York
67
+ CHRISSY HOULAHAN, Pennsylvania
68
+ ANDY KIM, New Jersey
69
+ ANGIE CRAIG, Minnesota
70
+ BLAINE LUETKEMEYER, Missouri, Ranking Member
71
+ ROGER WILLIAMS, Texas
72
+ JIM HAGEDORN, Minnesota
73
+ PETE STAUBER, Minnesota
74
+ DAN MEUSER, Pennsylvania
75
+ CLAUDIA TENNEY, New York
76
+ ANDREW GARBARINO, New York
77
+ YOUNG KIM, California
78
+ BETH VAN DUYNE, Texas
79
+ BYRON DONALDS, Florida
80
+ MARIA SALAZAR, Florida
81
+ SCOTT FITZGERALD, Wisconsin
82
+
83
+ Melissa Jung, Majority Staff Director
84
+ Ellen Harrington, Majority Deputy Staff Director
85
+ David Planning, Staff Director
86
+
87
+ C O N T E N T S
88
+
89
+ OPENING STATEMENTS
90
+
91
+ Page
92
+ Hon. Kweisi Mfume................................................ 1
93
+ Hon. Maria Salazar............................................... 2
94
+
95
+ WITNESSES
96
+
97
+ Mr. Greg Bingham, Partner, HKA, Washington, DC................... 5
98
+ Ms. Susan Moser, Partner, Cherry Bekaert, Tysons, VA............. 7
99
+ Ms. Robin Greenleaf, PE, Chief Executive Officer, Architectural
100
+ Engineers, Boston, MA, testifying on behalf of the American
101
+ Council of Engineering Companies (ACEC)........................ 9
102
+ Mr. Carlos A. Penin, PE, President, CAP Engineering, Coral
103
+ Gables, FL..................................................... 10
104
+
105
+ APPENDIX
106
+
107
+ Prepared Statements:
108
+ Mr. Greg Bingham, Partner, HKA, Washington, DC............... 23
109
+ Ms. Susan Moser, Partner, Cherry Bekaert, Tysons, VA......... 30
110
+ Ms. Robin Greenleaf, PE, Chief Executive Officer,
111
+ Architectural Engineers, Boston, MA, testifying on behalf
112
+ of the American Council of Engineering Companies (ACEC).... 35
113
+ Mr. Carlos A. Penin, PE, President, CAP Engineering, Coral
114
+ Gables, FL................................................. 40
115
+ Questions for the Record:
116
+ None.
117
+ Answers for the Record:
118
+ None.
119
+ Additional Material for the Record:
120
+ AIA - American Institute of Architects....................... 41
121
+
122
+
123
+ THE INTERACTION BETWEEN THE PAYCHECK PROTECTION PROGRAM AND FEDERAL
124
+ ACQUISITION RULES: WHAT IT MEANS FOR GOVERNMENT CONTRACTORS
125
+
126
+ ----------
127
+
128
+
129
+ TUESDAY, MARCH 23, 2021
130
+
131
+ House of Representatives,
132
+ Committee on Small Business,
133
+ Subcommittee on Contracting and Infrastructure,
134
+ Washington, DC.
135
+ The Subcommittee met, pursuant to call, at 12:00 p.m., via
136
+ Webex, Hon. Kweisi Mfume [chairman of the Subcommittee]
137
+ presiding.
138
+ Present: Representatives Mfume, Golden, Newman, Salazar,
139
+ Stauber, Meuser, Fitzgerald, Andy Kim, Schneider, and Hagedorn
140
+ Chairman MFUME. Ladies and gentlemen, good afternoon since
141
+ it is technically a few minutes after noon.
142
+ I want to call this meeting to order officially and I want
143
+ to make some important announcements which also are
144
+ requirements.
145
+ Let me begin by saying that the standing House and
146
+ Committee rules and practices will continue to apply during
147
+ these remote hearings. All members are reminded that they are
148
+ expected to adhere to these standing rules, including the rules
149
+ that cover decorum.
150
+ House regulations, as most of you know, require members to
151
+ be visible through a video connection throughout the entire
152
+ proceeding, so to the extent possible, please keep your cameras
153
+ on. Also, please remember to remain muted until you are
154
+ recognized in order to minimize background noise. If you have
155
+ to participate in another proceeding that might be going on
156
+ simultaneously, please exit this one and then log back in if
157
+ you can later.
158
+ In the event that a member encounters technical issues that
159
+ prevent them from being recognized for their questioning, I
160
+ will move to the next available member of the same party and I
161
+ will recognize that member at the next appropriate time if he
162
+ or she is able to correct the problem.
163
+ Again, I know all of you have busy schedules. I appreciate
164
+ everybody taking time to be here. I am going to formally
165
+ introduce our witnesses in just a few moments but let me just
166
+ underscore the fact that this hearing on the Subcommittee on
167
+ Contracting and Infrastructure for the 117th Congress is our
168
+ first. And for our opening hearing I thought it was very
169
+ important to examine an issue that is a priority for government
170
+ contractors and that is the interplay between the Federal
171
+ Acquisition Regulation, also known as the FAR, and the Paycheck
172
+ Protection Program, also known as PPP.
173
+ The FAR serves as a primary set of rules governing all
174
+ executive agencies and their acquisitions of goods and
175
+ services. And so today we will focus on part 31 of Far, which
176
+ helps contractors determine which costs are, in fact,
177
+ reimbursable.
178
+ Specifically, we will be taking a look at an aspect of the
179
+ credit cause, which can impact Federal contractors who have
180
+ taken advantage of the Paycheck Protection Program. Congress
181
+ created the PPP to help, as we know, small businesses, meet
182
+ payroll costs and other expenses. These loans were designed to
183
+ be fully forgivable if small businesses spent loan proceeds on
184
+ these purposes.
185
+ However, Federal contractors, mainly those with false
186
+ reimbursable contracts, may find themselves owing the
187
+ government a credit if the PPP loan has been forgiven and it
188
+ was used to pay for costs that were under a government
189
+ contract.
190
+ So this is by far some of the virtue of FAR credits and the
191
+ motion of the credit clause, which is included in these type of
192
+ arrangements and more specifically I should say, in these type
193
+ of contracts.
194
+ In April 2020, shortly after PPP's launch, the Department
195
+ of Defense issued guidance stating that the loan amounts could
196
+ constitute credits. In essence, the government's position has
197
+ been to take a credit that is due to avoid duplication of
198
+ payments. With that said, some small contractors will argue
199
+ that this is antithetical to the PPP program's intent which is
200
+ to help struggling firms during a time of crises.
201
+ Contractors contend that if the government forces them to
202
+ repay portions of the loan through credits, then the PPP loan
203
+ was not truly forgivable.
204
+ So today, we will have an opportunity to examine the
205
+ varying positions on this critical issue, and during the
206
+ hearing it will be very important to note that the Defense
207
+ Contract Audit Agency has issued additional guidance on the
208
+ treatments of credits. And while there is certainly room for
209
+ more guidance, this one represents, I think, an important first
210
+ step because it clarifies that when a contractors receives PPP
211
+ loan forgiveness, only the amount of the loan forgiveness
212
+ allocable to a government contract results in a credit.
213
+ So moreover, it clarifies other matters that help ensure
214
+ appropriate application of credits of which we will learn more
215
+ about today in the hearing that is now beginning.
216
+ It is clear that this is a complex issue with significant
217
+ ramifications for small government contractors. I hope that
218
+ today's hearing will allow us to dive deep into the subject and
219
+ to better understand all sides of the issue, as well as
220
+ available guidance that might come to us or that might shed
221
+ light on this subject just as the new guidance did today.
222
+ This hearing is an essential first step in coming to a
223
+ resolution that does not inflict further harm on the small
224
+ businesses already suffering from this pandemic across the
225
+ country.
226
+ So again, I want to thank the witness for joining us here
227
+ today, and now I would like to yield to the Ranking Member, Ms.
228
+ Salazar of Florida for her opening statement.
229
+ Ms. SALAZAR. Thank you, Chairman.
230
+ It is undeniable that small business contractors play a
231
+ critical role in the Federal sphere. As you have said, these
232
+ businesses are innovators. They drive down the costs by
233
+ promoting competition and their flexibility allows them to be
234
+ agile and adaptable, while continuing to deliver excellent
235
+ results often faster and cheaper than their larger
236
+ counterparts.
237
+ That is why protecting these essential members of our
238
+ workforce is critical to maintain Federal operations at a best
239
+ and optimal level.
240
+ But they are not immune, and they have not been immune to
241
+ the far-reaching effects of the COVID-19 pandemic. Indeed,
242
+ small businesses everywhere, specifically in District 27, have
243
+ suffered from the governmental imposition of endless lockdowns
244
+ and restrictions. And many have suffered from cuts to billable
245
+ hours, widespread project cancellations, significant
246
+ disruptions in cashflow, and interruptions in their ability to
247
+ perform on the contract.
248
+ I have spoken to many of my small business contractors in
249
+ District 27 in South Florida that I represent in Congress, and
250
+ many of them have shared their concerns, including my
251
+ constituent, Mr. Carlos Penin, who is here with us today as a
252
+ witness.
253
+ Many small contractors have turned to their Paycheck
254
+ Protection Program (PPP), anticipating they may be able to
255
+ receive loan forgiveness provided they comply with the criteria
256
+ that has been established by the government.
257
+ But apparently, the rules have changed. When the Department
258
+ of Defense (DOD) issued in April 2020 a memorandum applying
259
+ Federal Acquisition regulations cost principles to the PPP
260
+ forgiveness, DoD had classified forgiveness of the PPP loan as
261
+ a credit allowed under contract. Now, the DoD has dictated that
262
+ the contractor must give this amount back to the government.
263
+ According to the Department of Defense, this application of
264
+ the Federal Acquisition Regulation may be necessary to prevent
265
+ against potential abuse by contractors who are seeking a
266
+ windfall by billing the government twice. This activity is
267
+ known as double dipping, and we are here, elected in Congress,
268
+ to prevent exactly that and to help safeguard taxpayers' money.
269
+ However, the contracting community has raised several
270
+ concerns with the DoD's strategy. Some contractors argue that
271
+ the DoD's disposition contradicts congressional intent on the
272
+ PPP. Others have taken the view that this unfairly impacts
273
+ certain contract types triggering a requirement for payment of
274
+ the PPP for some contractors but not for others.
275
+ So many take issue with the DoD's change of rules
276
+ expressing their concerns and that they were surprised. This
277
+ was a surprise decision which was made unilaterally without
278
+ their consent. Now as we know, the deadline for forgiveness is
279
+ around the corner and they must decide what to do with their
280
+ loan. For some, PPP may be a welcome and necessary supplement
281
+ to their existing cashflow, but for others it may not be worth
282
+ the trouble, particularly in light of how application of the
283
+ Federal Acquisition Regulation credit may negatively affect
284
+ future revenues.
285
+ So I hope, and I am sure you do, Chairman, through the
286
+ insight of our distinguished panelists, we will be able to gain
287
+ a better understanding of the DoD's stated policy, its
288
+ potential effects on small contractors, and identify flexible
289
+ solutions in a bipartisan fashion.
290
+ Thank you for your time, and I yield back, Chairman.
291
+ Chairman MFUME. Thank you very much. The Ranking Member
292
+ yields back. And I want to thank her for her comments and thank
293
+ again all of you who are here joining us.
294
+ By the way, if Committee members have an opening statement
295
+ prepared, we would ask that they be submitted for the record.
296
+ And while I am at it, I am going to ask unanimous consent
297
+ that every member has 5 legislative days to revise and extend
298
+ their remarks.
299
+ I would like to just take a moment to explain how this
300
+ remote hearing will proceed. Each witness will have 5 minutes
301
+ to provide a statement and each Committee member will receive 5
302
+ minutes for questions. Please ensure again that your microphone
303
+ is on when you begin speaking and that you return to mute when,
304
+ in fact, you are finished.
305
+ So I would now like to now introduce our witnesses. Our
306
+ first witness today is Greg Bingham, a partner at KHA and a co-
307
+ lead of their Government Contracts group. He is a forensic
308
+ accounting and quantum expert with over 33 years of experience
309
+ in the field of business consulting primarily for government
310
+ and construction contractors. Mr. Bingham is an authority on
311
+ government contracts, having served as an adjunct professor at
312
+ the George Washington University, and among his professional
313
+ memberships, Mr. Bingham is also a member of GW's Government
314
+ Contracts Advisory Board. He holds a Bachelor of Science degree
315
+ in Electrical Engineering and an MBA degree as well. Welcome,
316
+ Mr. Bingham.
317
+ Our second witness is Ms. Susan Moser. Moser. I am getting
318
+ that wrong but I will say Moser until I am corrected. And if I
319
+ am wrong, please forgive me. Ms. Moser is a partner at Cherry
320
+ Bekaert and the leader and founder of their Government
321
+ Contracting Services Group. Ms. Moser has 36 years of
322
+ professional experiences and advises contractors in multiple
323
+ areas. She also serves as a regional market leader of the
324
+ Cherry Bekaert's Virginia, D.C., and Maryland practices, and is
325
+ a board member of the Northern Virginia Chamber of Commerce.
326
+ She holds a Bachelor of Science degree in Engineering--in
327
+ accounting, excuse me--and is a certified public accountant and
328
+ a certified information technology professor. Thank you very,
329
+ very much, Ms. Moser. Again, forgive me if I am mispronouncing
330
+ your name.
331
+ Our third witness today is Ms. Robin Greenleaf. Ms.
332
+ Greenleaf has more than 30 years of professional experience and
333
+ is the chief executive officer and founder of the Architectural
334
+ Engineers in Boston. She is a professional engineer and an LEED
335
+ accredited professional. Ms. Greenleaf holds a Bachelor of
336
+ Science in Civil Engineering and a Master of Science in
337
+ Structural Engineering. She is the Co-Chair elect of the
338
+ American Council of Engineering Companies. Welcome again, Ms.
339
+ Greenleaf.
340
+ Our final witness before I yield back, and Mr. Penin.
341
+ Please bear with me because I am just making sure that I have a
342
+ bio on you. I did not see one here. Okay.
343
+ Ms. SALAZAR. Chairman, I have it here.
344
+ Chairman MFUME. I have it. Oh, no, I do not. You do have
345
+ it?
346
+ Ms. SALAZAR. Yes. Yes, I do.
347
+ Chairman MFUME. Please, please, please introduce him, would
348
+ you?
349
+ Ms. SALAZAR. All right. Absolutely. Thank you. Thank you,
350
+ Chairman.
351
+ I would like to welcome our final witness who is from my
352
+ district, District 27 in Florida, Mr. Carlos Penin. Mr. Penin
353
+ is the president and founder of CAP Engineering. CAP is a
354
+ minority-owned consulting firm specializing in providing
355
+ engineering services for government clients. Under his
356
+ leadership, CAP Engineering has earned a stellar reputation for
357
+ the professional management of its infrastructure projects and
358
+ this has resulted in 30 years of dependable services to satisfy
359
+ government clients. Mr. Penin has an extensive resume with over
360
+ 40 years of direct project experience and managerial expertise.
361
+ Among his many accomplishments, Mr. Penin worked on several
362
+ major architectural and engineering projects in South Florida,
363
+ including Joe Robbie Stadium, the widening of the Julia Tuttle
364
+ Causeway and the reconstruction of SW Eighth Street. Lastly, I
365
+ would like to congratulate Mr. Penin on his recent appointment
366
+ by Florida Governor Ron DeSantis to the South Florida Regional
367
+ Transportation Authority Governing Board. I wish you well in
368
+ your new role, and thank you for all that you have done, not
369
+ only for our district, District 27, but for the United States
370
+ and for this magnificent country who opened its arms to you and
371
+ to your family when you were a little boy. Same case with me,
372
+ and that is why we are so grateful, and I am delighted to have
373
+ you here talking to us and explaining, and giving us your
374
+ experience in this last 40 years.
375
+ Now I yield back, Mr. Chairman. Thank you.
376
+ Chairman MFUME. Thank you, Ms. Salazar. Hopefully, we will
377
+ make a great one-two punch throughout the 117th Congress and I
378
+ appreciate you stepping up and doing what you could in terms of
379
+ properly introducing Mr. Penin. And Mr. Penin, thank you very
380
+ much, as with all the witnesses again for being here today.
381
+ Madam Salazar, I am going to move to start introducing or
382
+ calling for remarks of the witnesses unless you have a question
383
+ or comment or observation at this point.
384
+ Ms. SALAZAR. You can proceed with all the witnesses. Thank
385
+ you, Chairman.
386
+ Chairman MFUME. Thank you.
387
+ Mr. Bingham, you are now recognized for 5 minutes, sir.
388
+
389
+ STATEMENTS OF GREG BINGHAM, PARTNER, HKA; SUSAN MOSER, PARTNER,
390
+ CHERRY BEKAERT; ROBIN GREENLEAF, PE, CHIEF EXECUTIVE OFFICER,
391
+ ARCHITECTURAL ENGINEERS; CARLOS A. PENIN, PE, PRESIDENT, CAP
392
+ ENGINEERING
393
+
394
+ STATEMENT OF GREG BINGHAM
395
+
396
+ Mr. BINGHAM. Thank you. Thank you. This is quite an honor
397
+ to get to testify here today.
398
+ As you mentioned, the FAR, the Federal Acquisition
399
+ Regulation is the primary set of rules used by the U.S.
400
+ Government Executive Branch agency. The FAR has 53 parts and
401
+ FAR 31 is dedicated to cost principles and procedures.
402
+ A key part of FAR 31 is what is the composition of total
403
+ cost of a contract and that is key to this credit issue. The
404
+ cost of a contract is the sum of allowable direct costs,
405
+ allowable indirect costs, less any allocable credit. And so
406
+ there is more about this credit point in the credit clause,
407
+ which is at FAR 31.201-5. Examples of credits are things like
408
+ state tax refunds.
409
+ This credit clause is not new. It has been in the FAR since
410
+ the FAR began in 1984. It was in the Armed Services Procurement
411
+ Regulation as early as 1948 in essentially the same form as it
412
+ is today.
413
+ The impact of the FAR credits clause is different on cost
414
+ reimbursement contracts than on fixed price contracts. If a
415
+ contractor incurs $1,000 in cost generally speaking on a cost
416
+ reimbursement contract, they will be reimbursed $1,000. Any
417
+ event that reduces the allowable cost incurred on a contract
418
+ will reduce the amount reimbursed under a typical cost
419
+ reimbursement contract. And a credit is an example of something
420
+ that would reduce the cost on a cost reimbursement contract.
421
+ The impact of the credit clause is different on fixed price
422
+ contracts. In fixed price contracts, the invoicing and payment
423
+ provisions generally focus on the contractor demonstrating they
424
+ have provided some specified product or service and requesting
425
+ payment of a predetermined price. And so if the contractor
426
+ incurs more cost or less cost, they still get that
427
+ predetermined price on a fixed price contract.
428
+ So a credit will reduce a particular contract's cost and
429
+ reduce the amount paid on a cost reimbursement contract but not
430
+ on a fixed price contract.
431
+ As an example, let's say Contractor A works solely with the
432
+ Federal government and holds only fixed price contracts.
433
+ Contractor A has a PPP loan worth $1 million forgiven in 2020.
434
+ There would be no repayment to the government for any of the
435
+ forgiven loan in this example. Contractor B works solely with
436
+ the Federal government and holds only cost reimbursement
437
+ contracts. Contractor B had a PPP loan worth $1 million
438
+ forgiven in 2020. Contractor B would repay the government for
439
+ this loan under this scenario.
440
+ There are different types of costs. The major categories of
441
+ cost are direct and indirect. And direct costs are for people
442
+ that are actually working on contracts. Sometimes the labor of
443
+ people working on contracts is referred to as touch labor
444
+ because the mechanic's hands are actually touching the car or
445
+ on the assembly line people are actually performing the work.
446
+ Indirect costs are for costs that are not working on the
447
+ contractor and more for the growing concern of the company. And
448
+ so typical indirect costs are things like facility rent or the
449
+ salary and benefits of the office administrator that works in
450
+ the office and benefits all contracts, does not work on any
451
+ particular contract but on all contracts.
452
+ Indirect costs are often expressed in terms of an indirect
453
+ cost rate. So an indirect cost rate is the ratio of indirect
454
+ costs to direct costs. So remember numerator, denominator, top
455
+ of the ratio, bottom of the ratio. You have got indirect costs
456
+ on top and the direct costs on the bottom in a typical example.
457
+ And so it might be expressed as something like 5 percent.
458
+ For years that have already passed, a company can determine
459
+ all of the direct costs and indirect costs that were incurred
460
+ in this prior year. And so in a typical process, after these
461
+ costs are audited by the government, the company and the
462
+ government negotiate a final settlement of what was the
463
+ indirect cost rate for that prior year. There are things called
464
+ forward pricing rates. And so for years that are not yet
465
+ completed, as 2021 is now not completed, and for years which
466
+ have not yet commenced, government contractors often develop
467
+ estimates of the total amount of indirect and direct costs that
468
+ will be incurred over the course of the year.
469
+ It should not be assumed that future years will have
470
+ exactly the same indirect cost rate as a prior year. There can
471
+ be nonrecurring events and the forgiveness of a PPP loan in
472
+ 2020 may well be a nonrecurring event. Maybe an event that
473
+ occurs in 2020 that you do not anticipate will occur in future
474
+ years. And if that is the case, then the indirect rates for
475
+ 2021 and future years should not be based at all, solely or
476
+ blindly on whatever the experience was in 2020.
477
+ And with that I will----
478
+ Chairman MFUME. You probably looked at the clock and
479
+ started wrapping up, but we have exhausted the amount of time
480
+ for you. If you would let us get through the others I am sure
481
+ there are going to be some questions directed your again. And
482
+ again, I appreciate your understanding.
483
+ Mr. BINGHAM. Certainly. Certainly. Thank you for this
484
+ opportunity.
485
+ Chairman MFUME. Sure. Sure.
486
+ The question is now for Ms. Moser. Ms. Moser, again, I know
487
+ I have said it several times, if I am mispronouncing your name,
488
+ please correct me because with a name like mine I cannot afford
489
+ to do that.
490
+ Ms. MOSER. Thank you.
491
+ Chairman MFUME. You are mute.
492
+
493
+ STATEMENT OF SUSAN MOSER
494
+
495
+ Ms. MOSER. Thank you. Chairman Mfume, Ranking Member
496
+ Salazar, and members of the Committee, thank you for the
497
+ opportunity to speak today.
498
+ My name is Susan Moser and I would like to take this
499
+ opportunity to talk about the government's guidance on PPP
500
+ forgiveness and its impacts on contractors today and moving
501
+ forward.
502
+ As was previously mentioned, the interaction between the
503
+ FAR and PPP was first addressed in April 2020 when DoD answered
504
+ a frequently asked question and made clear that DoD expected
505
+ PPP loan forgiveness would result in a credit to the government
506
+ on flexibly priced contracts. Subsequent to this guidance,
507
+ confusion began as most companies have a mix of flexibly priced
508
+ and firm-fixed price contracts and many contractors plan to
509
+ only seek forgiveness of certain costs which could be a mix of
510
+ direct and indirect costs.
511
+ While the impact of PPP forgiveness on flexibly priced
512
+ contracts has been made clear, the contractor community needs
513
+ clarity around how to handle forgiven costs under other
514
+ contract arrangements, including contracts with state
515
+ transportation agencies. To date, agencies have issued limited
516
+ guidance with conflicting information that contractors are
517
+ struggling to understand and apply. DCAA did issue guidance,
518
+ revised guidance in January of 2021 that confirmed that credits
519
+ should be recorded based on how costs were recorded when
520
+ incurred. DCAA also stated that a PPP loan forgiveness credit
521
+ should be allocated to the accounting period in which it is
522
+ received.
523
+ The guidance is contrary to generally accepted accounting
524
+ principles and at least two decisions by the Court of Federal
525
+ Claims and its predecessor court. For most companies,
526
+ forgiveness for costs incurred in 2020 will occur in 2021.
527
+ I would also like to note that the impact of the Employee
528
+ Retention Credit creates the same challenges for contractors.
529
+ Much of the concern regarding guidance has come from
530
+ architecture and engineering or A&E firms doing business with
531
+ state transportation agencies who receive funding from the
532
+ Federal Highway Administration. These contracts carry many FAR
533
+ requirements. There is concern with potential draft guidance
534
+ being considered by the Highway Administration that would
535
+ require all PPP forgiveness credits to be applied to indirect
536
+ costs. Accounting for credits in this way is inconsistent with
537
+ FAR Part 31 and would result in reduced indirect cost rates for
538
+ the year in which the credit is applied, but could also apply
539
+ throughout the life of multiple year contracts awarded in the
540
+ year in which the reduced rates were established, potentially
541
+ resulting in reduced indirect rates for multiple years.
542
+ Understandably, many A&E firms are concerned with the
543
+ implications of this anticipated guidance. Most states'
544
+ Department of Transportation agencies require A&E firms to have
545
+ an indirect rate audit conducted by a CPA firm. Our firm
546
+ performs many of these types of audits.
547
+ State DOTs are trying to get guidance from the Federal
548
+ Highway Administration, but absent that are advising to rely on
549
+ existing regulations in determining credits.
550
+ There are three areas where guidance could assist
551
+ contractors. First, standardizing the period in which the PPP
552
+ credit should be reported and included in any indirect rate
553
+ audit. The credit should be included in the same year costs
554
+ were incurred.
555
+ Second, I recommend that any contractors that are receiving
556
+ PPP funds disclose in the notes to their indirect rate audit
557
+ the calculated rate both with and without forgiveness
558
+ considered.
559
+ Lastly, inform procurement agencies, particularly
560
+ transportation, the rates included in indirect rate audits
561
+ should be used in negotiations, but that final prices can and
562
+ should incorporate consideration of the impact of PPP
563
+ forgiveness. Specifically, while the rate including PPP
564
+ forgiveness can be used in year one of a multiple year
565
+ contract, subsequent years should be renegotiated using rates
566
+ that are not impacted by the PPP credit. Contracting agencies
567
+ should also incorporate business judgment in negotiating a
568
+ price that is fair and reasonable to both parties.
569
+ These recommendations, I believe, align with generally
570
+ accepted accounting principles, the FAR Cost Principles and
571
+ would help alleviate negative financial impacts in subsequent
572
+ years. Further, this would reduce confusion while also ensuring
573
+ contractors receive the benefit originally intended by the
574
+ CARES Act but without the potential to ``double dip'' and allow
575
+ some contractors to receive a greater benefit than companies
576
+ who do not contract with the government.
577
+ Thank you very much for your time today.
578
+ Ms. SALAZAR. Mr. Mfume, you are muted.
579
+ Chairman MFUME. I was thanking all the witnesses for their
580
+ testimony so far and reminding people that we all have their
581
+ written testimony. If they have it nearby I would urge that you
582
+ hold on to it because there may be some questions, comments and
583
+ observations that go directly back to that.
584
+ I would like to recognize Ms. Greenleaf at the current
585
+ moment. Ms. Greenleaf, you have 5 minutes. The floor is yours.
586
+
587
+ STATEMENT OF ROBIN GREENLEAF
588
+
589
+ Ms. GREENLEAF. Thank you very much, Chairman Mfume, and
590
+ Ranking Member Salazar. Thank you for the opportunity to
591
+ testify before the Subcommittee today.
592
+ My name is Robin Greenleaf. I am the CEO of Architectural
593
+ Engineers, Inc., a woman-owned engineering firm in Boston. We
594
+ have 33 employees who provide mechanical and electrical
595
+ engineering services to Federal, state, and local agencies and
596
+ private companies and owners. I am also the Chair-elect of the
597
+ American Council of Engineering Companies and I have the
598
+ privilege of serving as National Chair starting in April. It is
599
+ an honor to represent my colleagues here today.
600
+ I cannot overstate how important this issue is to small
601
+ business engineering firms across the country right now. My
602
+ 2020 experience is typical of hundreds and hundreds of my
603
+ colleagues in the industry. We relied on the PPP loan to keep
604
+ our entire staff on the payroll even in the face of significant
605
+ business disruptions and revenue loss. And the program was
606
+ successful. It met its intended objective.
607
+ But now those of us who contract for government clients are
608
+ facing the imposition of a credit under the FAR and we think
609
+ this is completely misguided. Congress already made clear that
610
+ forgiven PPP loans are not to be treated as income for tax
611
+ purposes and then further clarified that covered expenses are
612
+ deductible. In the same way, forgiven PPP loans ought not to
613
+ count as income under the FAR. This was emergency relief to
614
+ support employers and businesses ought to be able to take full
615
+ advantage of the program.
616
+ There are numerous challenges with this policy that I want
617
+ to highlight for you. One, if this credit is applied to reduce
618
+ our overhead rate as opposed by the Federal Highway
619
+ Administration, we are going to be working at a discounted
620
+ rate, not only in the coming year but potentially for several
621
+ years. Many of our clients lock in the indirect cost rate over
622
+ the life of a multi-year contract. On my $594,000 PPP loan on
623
+ which we just received forgiveness last week, I am looking at
624
+ 32 percent drop in my overheard rate resulting in the loss of
625
+ at least $129,000 per year. Only about 15 percent of my firm's
626
+ work is with public agencies using our FAR rate. For firms that
627
+ do predominately DOT work, it is easy to see how the losses
628
+ will far exceed the value of the loan.
629
+ This leads to my second point. The impact of the credit
630
+ will fall most heavily on small, minority-owned, and women-
631
+ owned firms that needed the assistance the most and have come
632
+ to perform a higher percentage of government contracting.
633
+ I have documented a few examples in my written testimony
634
+ and I hear from more colleagues every day. And so the basic
635
+ outcome of this policy is that our state and local clients will
636
+ be benefitting from the PPP, not us. We are passing the loan
637
+ through to them through discounted billing rates. If unchanged,
638
+ he application of this credit will create a disincentive for
639
+ women-owned firms, minority-owned firms, DBEs, and other small
640
+ businesses to compete for work for public agencies. It will
641
+ derive the government of qualified engineering services and
642
+ will hamper efforts to expand small business and DBE
643
+ contracting opportunities.
644
+ Let me also say that the inequity here with our
645
+ counterparts in the infrastructure market is frustrating. Other
646
+ contractors working on Federal aid projects are not subject to
647
+ these same requirements. Fixed price contracts are not impacted
648
+ by the FAR credits clause. While my rates are reduced, other
649
+ businesses working on the same infrastructure projects have
650
+ been able to retain the full benefit of the PPP. This uneven
651
+ treatment does not seem fair or equitable.
652
+ There is a real sense of urgency in the industry to get
653
+ this issue resolved. Firms that already received forgiveness
654
+ are starting the annual audit process and seeing the impact of
655
+ the credit on their rates. Some business owners are already
656
+ questioning whether they can continue to keep all their
657
+ employees that they supported with the PPP loan. Those that
658
+ have not yet applied for forgiveness are coming up on the 10
659
+ month deadline to start repaying those loans. Banks are
660
+ pressuring them to decide whether to apply for forgiveness. Our
661
+ small business owners need to make critical business decisions
662
+ about the impact on their rates and projected revenues and
663
+ employment ramifications.
664
+ At a time when the industry is very eager to work with your
665
+ colleagues to deliver a robust infrastructure-based economic
666
+ recovery agenda, your prospects for these opportunities are
667
+ dimmer because of this credit holding us back.
668
+ Thank you for the opportunity to testify.
669
+ Chairman MFUME. Thank you very much, Ms. Greenleaf.
670
+ Mr. Penin, you are now recognized for 5 minutes.
671
+
672
+ STATEMENT OF CARLOS A. PENIN
673
+
674
+ Mr. PENIN. Good afternoon, Chairman, Ranking Member
675
+ Salazar, all congressional members of the Subcommittee on
676
+ Contracting and Infrastructure and everyone present.
677
+ My name is Carlos Penin. I arrived from Cuba in 1962 at the
678
+ age of six. I think I am giving away my age. I am a proud Cuban
679
+ American who pursued a career in engineering and ended up
680
+ fulfilling my American dream of starting my own business. The
681
+ company that I started, CAP Engineering is a small, minority-
682
+ owned business that has been in operation in the city of Coral
683
+ Gables, District 27, for almost 33 years. Today, I am
684
+ addressing this Committee as the founder and president of my
685
+ company representing my employees, but also as a former
686
+ president of ACEC Florida, the organization that represents
687
+ member engineering firms in the state of Florida.
688
+ In Florida, we have hurricanes, and I have survived
689
+ multiple hurricanes during our company's history, sometimes
690
+ multiple hurricanes in the same years. The devastation from
691
+ this pandemic has been far worse and nobody could have even
692
+ predicted it, nobody saw it coming, and the severe impact that
693
+ it has had.
694
+ In the early months of the pandemic, we applied for and
695
+ received assistance from the PPP. The assistance that we
696
+ received was applied as intended to help keep our loyal staff
697
+ employed so that they, in turn, could keep their families fed,
698
+ safe, and healthy.
699
+ The interpretation of the Federal Acquisition Regulation,
700
+ the FAR clause, would reverse the benefits received from the
701
+ PPP and could have a negative impact for our company and any
702
+ company that pursues Federal or state contracting for years to
703
+ come.
704
+ As Robin so well pointed out, if the PPP loan forgiveness
705
+ is unallowed and therefore subtracted from the indirect labor
706
+ cost, then in our case our overheard rate would be reduced by
707
+ approximately 25 percent. If we had multiple year contracts,
708
+ the lower overhead rate would be applied for multiple years and
709
+ for multiple contracts. This reduction would be higher than the
710
+ original loan amount that we received, thus negating the
711
+ original intent of the PPP loan which was to help companies
712
+ such as ours keep our employees and thus help our families.
713
+ I ask you to please consider our industry's request that
714
+ this unintended consequence be eliminated. And as good
715
+ engineers, we are supposed to finish on time and under budget
716
+ and I yield back with 2 minutes and some seconds left over in
717
+ my presentation. Thank you very much.
718
+ Chairman MFUME. Thank you, and my thanks to all of the
719
+ witnesses.
720
+ We are going to begin the open session of questions and
721
+ comments with members who are present today. And I would like
722
+ to recognize myself for 5 minutes.
723
+ Mr. Bingham, could you go back and elaborate on what the
724
+ credit clause is and how it is supposed to work and how a
725
+ Federal contractor is bound by the principle clause?
726
+ Mr. BINGHAM. Certainly. A key issue for reimbursement of
727
+ cost and just cost accounting generally is what is the cost
728
+ recorded on a contract. And the cost recorded on a contract is
729
+ direct cost plus indirect cost and less any credit. So the
730
+ issues that are being discussed here relate--when people talk
731
+ about paying their employees, that may well be a direct cost.
732
+ It is hard to know if there are indirect employees but it could
733
+ well be direct cost of performance. If they talk about paying
734
+ for facilities cost or their indirect personnel, then that
735
+ would be, you know, part of their indirect cost. But the
736
+ credits, wherever the credits, wherever the loan money is
737
+ spent, that is where the credit should go. If a company uses
738
+ the loan for a particular contract, only to reimburse employees
739
+ on a particular cost, then the credit should go to that
740
+ particular contract, not other contracts, not on overhead. If
741
+ the credit went all to facility cost and overhead, then the
742
+ forgiveness should go only to overhead.
743
+ I hope that helps you understand that in determining the
744
+ cost on a contract, the credit has to be reduced from wherever
745
+ the loan was spent. That is where the reduction occurs.
746
+ Chairman MFUME. Okay. And Ms. Moser, I am just going to
747
+ stay on the matter regarding these credits. You mentioned in
748
+ your testimony that DCAA issued guidance on how the credits
749
+ should, in fact, be applied. Could you take a moment and expand
750
+ on the major points of that guidance and how it really works in
751
+ practice?
752
+ Ms. MOSER. Yes. I would be happy to.
753
+ So DCAA issued its guidance in January which had a number
754
+ of different areas that they addressed. The first area is they
755
+ were clear, and this is consistent with the earlier DoD
756
+ guidance and consistent with the testimony we just heard, that
757
+ loan forgiveness proceeds should be applied in the same manner
758
+ in which the original cost was occurred. So just as we heard
759
+ before, if direct salaries were used and it could be for
760
+ commercial work or on direct cost reimbursable work, that
761
+ portion of the credit should go back to that where it was
762
+ originally incurred. If it was included in the overhead, that
763
+ is where it should be incurred. So that was pretty
764
+ straightforward and I think consistent with FAR.
765
+ DCAA's guidance suggested or stated that--and DCAA, when
766
+ they issue guidance, they are actually issuing guidance to
767
+ their auditors. The general public and contractors certainly
768
+ use that as a reference but they are issuing guidance to their
769
+ auditors. But they also stated that when the credit is received
770
+ is the year in which it should be applied. So that creates some
771
+ inconsistency as companies have incurred the loan forgiveness
772
+ of PPP during 2020 and they are going to get proceeds or
773
+ forgiveness in 2021. That matching, that inconsistent matching,
774
+ I believe is not correct.
775
+ They also did address a number of other areas in their
776
+ guidance including guidance on contractors doing forward
777
+ pricing. So a forward pricing rate agreement is a forward
778
+ looking forecast of rates that is used for certain types of
779
+ contracts. It is typically used in negotiating fixed price task
780
+ orders or change orders. So they did include in their guidance
781
+ that consideration should be given to--2020 we have all
782
+ acknowledged was an unusual year with unusual circumstances.
783
+ And costs incurred and credits incurred in this year should be
784
+ considered in looking at forward looking. Just because
785
+ historical reference is not necessarily the prediction of what
786
+ the future rates would be. So those were the specific areas
787
+ they addressed.
788
+ Chairman MFUME. Thank you very much, Ms. Moser.
789
+ My time has expired. The Chair will recognize the Ranking
790
+ Member, Ms. Salazar.
791
+ Ms. SALAZAR. Thank you, Chairman.
792
+ I think I want to use my 5 minutes. Maybe I can ask the
793
+ same question to the different witnesses. And I would start
794
+ with Mr. Penin and then I can ask Ms. Moser.
795
+ I think that the main concern the government has is to
796
+ avoid the double dipping. So if you were in our position, what
797
+ would be your recommendation? I am sure Mr. Penin, Ms. Moser, I
798
+ am sure that all of you do not want that happening. We do not
799
+ want to have to pay twice. So in which way could we be able to
800
+ be fair to you but at the same time not pay you double?
801
+ We will start with you, Mr. Penin.
802
+ Mr. PENIN. Thank you very much for the question, Ranking
803
+ Member Salazar.
804
+ That is more of an accounting function. I do not think that
805
+ it is double dipping. We used the loan for what it was intended
806
+ to be used, which was to save our employees, and we did that.
807
+ When we sought the PPP funding, we looked at it as the lifeline
808
+ to get to the other side of the pandemic and that, as we have
809
+ heard oftentimes, that goalpost kept moving on us over and over
810
+ again. So it was a vital opportunity for us to be able to stay
811
+ alive, stay afloat during this last year.
812
+ As far as the FAR and how that is used, as I mentioned in
813
+ my testimony before, that has a negative impact on the bottom
814
+ line because what happens is it gets applied to the indirect
815
+ labor cost, and therefore, it pushes our multiplier down. And
816
+ in some cases as we will experience in my company, it will put
817
+ us at 25 percent below what we are currently doing today.
818
+ So we see this as a loan, a forgivable loan that has
819
+ carried us through last year. It is not reoccurring but the
820
+ unintended consequence could reoccur for multiple years to
821
+ come. I hope that answers your question.
822
+ Ms. SALAZAR. Sure. Yes. Thank you.
823
+ Why do we not then ask Ms. Moser? Ms. Moser?
824
+ Ms. MOSER. Yes. So the FAR incorporates the cost principles
825
+ into certain types of contracts. So specifically, the flexibly
826
+ priced contracts, cost-type contracts, time and materials
827
+ contracts. And I do not think waving the credits clause cart
828
+ blanche related to PPP is the appropriate thing to do because
829
+ it could lead to unintended consequences and it could provide a
830
+ situation where contractors that have only flexibly-priced
831
+ contracts would double dip. Basically, they are billing the
832
+ government for all of their costs incurred and then they are
833
+ getting the forgiveness. And so I do not think people want that
834
+ to happen, certainly not as a tax payer. I think the challenge
835
+ is that the cost principles are referenced in many other types
836
+ of contracts and a lot of what we are hearing is regarding
837
+ state transportation contracts. And so my recommendation is not
838
+ a waiver of the FAR credits clause; it is really about issuing
839
+ better guidance and explaining the situation so that
840
+ contractors negotiating with state transportation agencies, for
841
+ example, have all of the information about the impacts that,
842
+ you know, the rate needs to be calculated as the rate is
843
+ consistent with the FAR, but how that rate is utilized in
844
+ subsequent years I think is really where the guidance is
845
+ needed. So, you know, the timing of the guidance from DCAA I
846
+ think is a problem and then I think the lack of guidance or
847
+ concerns about proposed guidance that might be issued from the
848
+ Highway Administration--that is really where I think the focus
849
+ is.
850
+ When guidance is issued by audit agencies, they do not seek
851
+ public comments. And with lots of proposed regulations, there
852
+ is public comment and an opportunity for people to weigh in.
853
+ And I think, you know, that certainly could be helpful to this
854
+ process to improve upon.
855
+ Ms. SALAZAR. So it is not necessarily an accounting issue
856
+ according to what you are saying but it is just clarification?
857
+ Ms. MOSER. So I think the accounting in terms of how the
858
+ credits clause should be applied is clear and does not require
859
+ a change. I think it is the application of how those rates are
860
+ utilized in subsequent years' contracts.
861
+ Ms. SALAZAR. Thank you. I yield back.
862
+ Chairman MFUME. Thank you, Ranking Member.
863
+ The Chair would like to recognize Representative Golden
864
+ from the state of Maine. Mr. Golden?
865
+ Mr. GOLDEN. Thank you, Mr. Chair.
866
+ I think I will start with Ms. Moser. And I wanted to ask if
867
+ there are other examples out there in addition to the PPP
868
+ program where we have COVID-related Federal assistance for
869
+ which a contractor might have to provide the government with a
870
+ credit. And if the answer is yes, could you also elaborate a
871
+ little bit about why?
872
+ Ms. MOSER. Yes. I would be happy to.
873
+ I think the most immediate additional assistance is the
874
+ employee retention credit. So when the employee retention
875
+ credit was first incorporated into the CARES Act, companies
876
+ that received PPP loans were not eligible for the employee
877
+ retention credit. So for most contractors, you know, PPP was
878
+ that lifeline, that immediate assistance that they were seeking
879
+ so they really didn't focus on the employee retention credit.
880
+ With the legislation that passed in December, that made
881
+ available the employee retention credits for companies that
882
+ also received PPP loans.
883
+ The employee retention credit is a credit against payroll
884
+ taxes. So it is consistent with the credits clause--so a
885
+ company that is a contractor that has flexibly priced
886
+ contracts, cost contracts. If they are eligible to receive an
887
+ employee retention credit, it is a reduction against the
888
+ payroll taxes that they pay. So it would be treated
889
+ consistently if they originally recorded the payroll taxes say
890
+ in 2020 when they paid them, it would go to a fringe. Usually
891
+ that is an indirect expense considered a fringe benefit. When
892
+ you receive the credit, it should be applied back the same in a
893
+ similar manner. So it is a very similar situation.
894
+ Mr. GOLDEN. Thank you. I think that is helpful.
895
+ Ms. Greenleaf, you testified that engineering firms
896
+ particularly have difficulty compared to other contractors that
897
+ also do business with state departments of transportation. And
898
+ I wanted to ask you if you could elaborate a little bit further
899
+ on that. And secondly, I wanted to ask if you felt that should
900
+ Congress mandate DOT to issue guidance that would ensure that
901
+ indirect cost rates were trued up based on what a firm's real
902
+ indirect costs were for the year impacted by the credit, would
903
+ that address ACEC's concerns?
904
+ Ms. GREENLEAF. To answer your first question, I think that
905
+ the engineering firms in general, many of us work for state
906
+ DOTs. And so the guidance, the draft guidance that has come out
907
+ from Federal Highway at this point is taking a very hardcore
908
+ approach to how to deal with the PPP credit. So it is one
909
+ reason why we were pushing back so hard on this issue.
910
+ We are part of a very narrow band of impacted professionals
911
+ that are feeling the pressure from the FAR credit clause. It
912
+ does not extend far beyond just those of us who work for state
913
+ DOTs. And so based on that, that is why we are wanting to just
914
+ see the loan be completely forgiven and not have to apply the
915
+ credit.
916
+ So having said that, I am going to need to ask you to
917
+ repeat your second part of your question and then I will come
918
+ right back to you.
919
+ Mr. GOLDEN. Yes. If Congress were to mandate that the
920
+ Federal Department of Transportation issue guidance that would
921
+ ensure that indirect cost rates were more accurately reflecting
922
+ a firm's real indirect costs for the year impacted by the
923
+ credit, would that in any way address the concerns of your
924
+ organization?
925
+ Ms. GREENLEAF. I do not know that it does. The reason for
926
+ that is that the state DOTs, and that is largely who we are
927
+ talking about, are inconsistent across the country in their
928
+ ability to do the truing up on an annual basis. And I can tell
929
+ you from personal experience in Massachusetts that the work
930
+ that I do here, we are put in what is the equivalent of multi-
931
+ year contracts. The overhead rate does not change. It is very
932
+ difficult to get an audit to request the change. And I think
933
+ that based on that what we could expect is just a lot of
934
+ inconsistency across the DOT's abilities to do the truing up
935
+ and to do annual audits.
936
+ Mr. GOLDEN. That is very helpful.
937
+ I see I only have 10 seconds left so I will yield back the
938
+ 8 seconds.
939
+ Chairman MFUME. Thank you very much, Representative Golden.
940
+ The Chair would now recognize Mr. Stauber. Did we lose him?
941
+ Okay, maybe he will jump back in. Okay, Mr. Stauber is out.
942
+ Ms. Salazar, I do not see any other members from your side
943
+ of the aisle. Am I missing someone?
944
+ Ms. SALAZAR. Yeah, they had other Committee meetings going
945
+ on at the same time. And myself, I have to go to Foreign
946
+ Relations. But I am staying here with you until you have
947
+ finished with all the testimonies.
948
+ Chairman MFUME. Thank you. Mr. Fitzgerald is here though,
949
+ and I would like to recognize Mr. Fitzgerald for 5 minutes.
950
+ Thank you, sir.
951
+ Mr. FITZGERALD. Thank you. Thank you. Just real quick to
952
+ Mr. Carlos Penin.
953
+ I understand today we are kind of focused on the PPP stuff,
954
+ but in the COVID bill that recently passed it did include some
955
+ language on section 36.10 that authorizes agencies to address
956
+ contractor employee salaries. I was wondering if you had any
957
+ comments on that. You know, it is kind of related to
958
+ catastrophic events and what my understanding is. I do not know
959
+ more than that about it. But I just wonder if you could provide
960
+ any insight into the impact that that may have.
961
+ Mr. PENIN. Thank you for the question, Congressman
962
+ Fitzgerald. I am not familiar with the new legislation and I am
963
+ not going to be helpful to you on that. I have not read it.
964
+ Mr. FITZGERALD. Very good. Yeah, it is kind of a struggle
965
+ and I think a lot of us have been caught off guard because of
966
+ the legislation just signed into law. But I would urge the
967
+ Chair and the Ranking Member, I think it is something that we
968
+ need to probably take a look at and hopefully, because it seems
969
+ to be boiling up right now. So thank you, and I will yield
970
+ back. Thank you.
971
+ Ms. SALAZAR. Chairman?
972
+ Chairman MFUME. Yes.
973
+ Ms. SALAZAR. I think we do have Congressman Meuser with us.
974
+ Is that correct? So we can recognize him?
975
+ Chairman MFUME. I see him. Yes. Yes.
976
+ We will first recognize Ms. Newman for her 5 minutes and
977
+ then we will come back to Representative Meuser.
978
+ Ms. Newman?
979
+ Ms. NEWMAN. Thank you, Chairman. And thank you, Ranking
980
+ Member Salazar.
981
+ This is a very timely issue in my district. Dozens of small
982
+ businesses have come forward to talk about this with us, so I
983
+ am so glad for the testimony today. And thank you to all the
984
+ witnesses. It has been very helpful to dimensionalize this for
985
+ me.
986
+ I have a couple of questions and I think I would like Ms.
987
+ Moser and Mr. Penin to answer them. And I will go to Mr. Penin
988
+ first.
989
+ So it clearly seems like there is an issue here that can be
990
+ addressed, and I do not think it has to be brain surgery. What
991
+ is your recommendation? Does it need to be a clarification of
992
+ rules? Is it regulatory? Or do you think it requires
993
+ congressional intervention? And I will go to Mr. Penin first.
994
+ Mr. PENIN. Thank you very much, Congresswoman Newman. And
995
+ thank you for your concerns for your district as well. I think
996
+ that for us it is probably a clarification of the language and
997
+ how it is being applied more so than an act of Congress. I am
998
+ trying to keep it simplified because, you know, if you started
999
+ getting too many people involved, you know, it starts to muddle
1000
+ the situation. But I would think that it is something that can
1001
+ be handled as long as there is a clarification of the
1002
+ interpretation. And I think that that would be the easiest way
1003
+ of handling it. And it certainly would serve our purpose on the
1004
+ industry side to have that resolved.
1005
+ I hope that answered your question.
1006
+ Ms. NEWMAN. Yes. Yes. And then I need to go to Ms. Moser.
1007
+ From a technical standpoint, or from an accounting perspective,
1008
+ what would your remedy be?
1009
+ Ms. MOSER. Yes, thank you.
1010
+ So I agree with Mr. Penin. I do not believe that there is
1011
+ legislative action that is needed to rectify this situation. I
1012
+ think that could end up with unintended consequences. I really
1013
+ think it is an issue of clarification on guidance.
1014
+ The DCAA, as I mentioned, their guidance is issued to
1015
+ auditors. So, while I disagree and I think it is an incorrect
1016
+ guidance on the timing of the application, ultimately
1017
+ contracting officers make those recommendations. The DCAA is
1018
+ making recommendations to its auditors; contractors if they do
1019
+ not agree with that, ultimately, it is up to the contracting
1020
+ officer to make a decision on that.
1021
+ I think the biggest issue, and I think what we have really
1022
+ heard here today is really related to Federal Highway
1023
+ Administration and that guidance because that does flow down
1024
+ to, as you heard, the state agencies. And I think that is
1025
+ really where the majority of the angst and the concern is that
1026
+ without additional guidance and recommendations to state
1027
+ agencies there is going to be unintended consequences longer
1028
+ term than just this year.
1029
+ Ms. NEWMAN. So just to clarify that, Ms. Moser, you are
1030
+ saying that the clarification should be some recommendation
1031
+ from Congress with regard to the PPP program but then also
1032
+ instruct the state and local agencies as such as well, both
1033
+ steps?
1034
+ Ms. MOSER. Well, I do not think necessarily that Congress
1035
+ has, other than trying to get the agencies to issue the
1036
+ guidance, I think that is really what is needed. And then
1037
+ really it is the guidance that they issue because all of the
1038
+ state agencies are looking to Federal Highway Administration
1039
+ for guidance. So I think really the guidance is needed with
1040
+ clarity from the Highway Administration.
1041
+ Ms. NEWMAN. Thank you for clarifying that.
1042
+ I yield back. Thank you, Chairman.
1043
+ Chairman MFUME. Thank you very much.
1044
+ I would like to at this time recognize the gentleman from
1045
+ Pennsylvania, Mr. Meuser.
1046
+ Mr. MEUSER. Thanks, Mr. Chairman. Thank you all to the
1047
+ testifiers. Appreciate it. It is an important subject, clearly.
1048
+ Very financially important situation that needs clarification.
1049
+ No question.
1050
+ So I ask, and I will start with Ms. Moser and I will also
1051
+ ask others as well, what was understood by you at the time that
1052
+ you submitted for what was described as a forgivable business
1053
+ loan? Was it understood that this was to be completely
1054
+ forgivable under the conditions of retaining your employees?
1055
+ Ms. MOSER. Hi, since you asked me to address first, so I am
1056
+ an advisor. I am a partner in an accounting firm and so I
1057
+ advise clients, so I was not applying for a PPP loan. You know,
1058
+ I think like just with most of our clients at the time, you
1059
+ know, it was a lifeline, and so I think most companies, you
1060
+ know, had no idea what was going to happen and so did apply.
1061
+ That was generally our recommendation.
1062
+ Mr. MEUSER. Right.
1063
+ Ms. MOSER. Obviously, there has been much guidance since
1064
+ then but I think that the forgiveness issue is really for
1065
+ contractors. There has been much analysis and angst, frankly,
1066
+ on whether they should or should not apply for forgiveness,
1067
+ again, depending on really their contract nicks in terms of how
1068
+ that is going to----
1069
+ Mr. MEUSER. So you advise that, yes, they should take loans
1070
+ under the understanding of the requirements for PPP and
1071
+ therefore, it would be forgivable if they met those
1072
+ requirements?
1073
+ Ms. MOSER. Yes, generally if they met the requirements.
1074
+ Yes.
1075
+ Mr. MEUSER. Mr. Penin, is that what you understood from the
1076
+ original language of the provision in the legislation?
1077
+ Mr. PENIN. Congressman Meuser, thank you very much. Yes,
1078
+ that was our understanding. And as I mentioned in my testimony,
1079
+ this was our lifeline. And then the interpretation came after
1080
+ the fact. And I think that is kind of where we are today. It
1081
+ was an interpretation given after the fact and that is kind of
1082
+ what surprised a number of us in passing the torch.
1083
+ Mr. MEUSER. And I realize there are many, many dynamics. In
1084
+ fact, there is facing a business, any business, engineering
1085
+ contract, whatever it might be, particularly with a pandemic
1086
+ coming along, particularly even in my state where outdoor
1087
+ construction was shut down for a while with state contracts,
1088
+ contracts with employees not able to come in out of fear, out
1089
+ of having COVID, out of family members, out of children at
1090
+ home. So it was a very upheaveled period. And I am certainly on
1091
+ the side of small business.
1092
+ But let me ask you this. If there is a guaranteed revenue
1093
+ stream that would be ascertained and made clear, the whole idea
1094
+ behind PPP was to sustain a small business during a loss of
1095
+ revenue period for the purpose of not losing them over the
1096
+ short term and the long term and not having them go on
1097
+ unemployment.
1098
+ Now, that being the case, is all your business by the way
1099
+ contracted this way or is it just a percentage? Is it 50
1100
+ percent of your revenue comes from the contracts that are
1101
+ affecting the potential PPP?
1102
+ Mr. PENIN. Yes, sir. I assume that question is for me. Yes,
1103
+ sir. I would say that the majority of our work comes from
1104
+ government contracting. We are a small company. Most of that is
1105
+ as a subconsultant to larger state and national or
1106
+ international companies. But it passes down to us because we
1107
+ still have to go through our FDOT in our case audit. And that
1108
+ is where this interpretation is going to be implemented. So
1109
+ yes, sir, most of our business is government-based. The long-
1110
+ term contracts are essential for small businesses because of
1111
+ the stability that it provides.
1112
+ Mr. MEUSER. Right. I am just trying to get to where the
1113
+ revenue loss--did you suffer revenue loss during this time
1114
+ period?
1115
+ Mr. PENIN. Yes. Yes, we did. Yes. We kept our employees. We
1116
+ kept our employees but we had tremendous losses in revenue
1117
+ because, I mean, we came to a screeching halt.
1118
+ Mr. MEUSER. Okay. Well, that pretty much answers my
1119
+ question then and should uncover any doubts that the original
1120
+ intent of this PPP should be upheld.
1121
+ What about the second round of PPP, did you apply for that?
1122
+ Mr. PENIN. We have not applied for that. We have not
1123
+ applied for that.
1124
+ Mr. MEUSER. Okay. Very good.
1125
+ Mr. Chairman, I do not have any more questions. I yield
1126
+ back. Thank you.
1127
+ Chairman MFUME. Thank you, Mr. Meuser.
1128
+ We are going to start the second round of questioning, and
1129
+ I will lead that off by asking Mr. Bingham if he would help put
1130
+ some context into this discussion. I think we all know what the
1131
+ purpose or the stated purpose of FAR 31 is, but can you tell me
1132
+ when the principles of FAR, part 31 kick in? Is there a certain
1133
+ requirement, number of requirements, or something else that you
1134
+ might be able to share with us in terms of its implementation?
1135
+ Mr. BINGHAM. Yes. Yes. Thank you for the question.
1136
+ The requirements of FAR 31 kick in when there is a sole
1137
+ source or when there is procurement of a cost reimbursement
1138
+ contract or a sole source procurement where it is a situation
1139
+ where the contractor has to provide cost information, you know,
1140
+ the cost estimate to the government customer. And so it is
1141
+ under circumstances of that nature. If a contractor, if there
1142
+ are sealed bids, in other words, there was adequate
1143
+ competition, then the government buyer is supposed to base its
1144
+ decisions on the price offered by various competent contractors
1145
+ and not get into what their cost history is or what their
1146
+ indirect costs are or their direct costs, any of that type of
1147
+ information. That is the way they are intended to focus it.
1148
+ And I will just add to the discussion about the indirect
1149
+ cost rates. The intended approach in the FAR with regard to
1150
+ future indirect cost rates is not that you just take the
1151
+ indirect rate for a past year and assume that it will be
1152
+ matched going forward. That would be contrary in my
1153
+ interpretation to both the FAR and the audit guidance from the
1154
+ DCAA, for example. And so the issues seem to be related to this
1155
+ idea that some agencies, some state-related agencies are just
1156
+ forcing the situation where whatever the past indirect rate
1157
+ was, that indirect rate will be all that is allowed in some
1158
+ future year.
1159
+ I hope I answered your question.
1160
+ Chairman MFUME. You did, but I am going to ask you to step
1161
+ out on a limb and tell us how you would fix this if you had the
1162
+ ability to do so overnight.
1163
+ Mr. BINGHAM. Yeah, I think I agree with Ms. Moser in the
1164
+ idea of guidance. I think if the state departments of
1165
+ transportation, if they did more what the Federal government
1166
+ auditors do, the DCAA auditors do looking at the guidance
1167
+ there, you know, it is in FAR 42 and 44, I believe, and then
1168
+ not this recent DCAA memorandum to regional directors but back
1169
+ to the DCAA's contract audit manual on how you audit indirect
1170
+ rates and how you audit forward pricing rates, these indirect
1171
+ rate that are going into the future. If they follow that type
1172
+ of guidance, my impression is that would solve a lot of this. I
1173
+ do not think they are following that type of guidance right
1174
+ now. I think it sounds like they are imposing that the same
1175
+ past indirect rate must be used going forward. So that would be
1176
+ my ``I am out on a limb.'' That is about as far out on the limb
1177
+ as I will go. Thank you.
1178
+ Chairman MFUME. Well, thank you, sir.
1179
+ I want to yield to the Ranking Member, Ms. Salazar.
1180
+ Ms. SALAZAR. This question is for Mr. Bingham and for Ms.
1181
+ Moser as well and Mr. Penin, three of you.
1182
+ If by any chance this interpretation of the FAR stance and
1183
+ the DoD does not change, they cease the way that they do
1184
+ business with you, in which way not only will it affect your
1185
+ decision to continue working with the government, or will you
1186
+ then decide to seek other work in the private sector alone? How
1187
+ will this change your future is basically what I would like to
1188
+ hear from you?
1189
+ And we will start with you, Mr. Penin.
1190
+ Mr. PENIN. thank you very much for the question.
1191
+ If the interpretation of the FAR stands, it will adversely
1192
+ affect our multiplier and therefore, our ability to continue to
1193
+ work on government contracts.
1194
+ I mentioned earlier, in our case, in our particular case it
1195
+ would be approximately 25 percent of our multiplier would be
1196
+ affected. We would go from 1.25 to 1.0 and that is a huge
1197
+ impact on our business. The minority companies and small
1198
+ businesses rely on the government because of the long-term
1199
+ contracts that we can obtain from government. In this case, if
1200
+ this rate were to go on for further years then we would be
1201
+ punished by the same percentage for multiple year contracts and
1202
+ in some cases it would impact multiple contracts. So for us
1203
+ that would be a deterrent from pursuing government contracts.
1204
+ The private sector is on a rebound. Whether we would
1205
+ concentrate on that alone would have to be a financial decision
1206
+ that I am not 100 percent sure right now that I can make but we
1207
+ see that if we cannot rely on one. You know, we have to be
1208
+ resilient. That is what makes us survive. I told you we have
1209
+ been in business for 32 years. So we will look for whatever
1210
+ opportunity we can to get to next year and the next year and so
1211
+ forth and so on. But I would say that it would certainly impact
1212
+ our ability to, and our desire to contract with government
1213
+ under those conditions. Thank you.
1214
+ Ms. SALAZAR. Ms. Moser?
1215
+ Ms. MOSER. So again, I do not contract directly with the
1216
+ government. I just advise companies that do. So I am really not
1217
+ in a position to address the issue.
1218
+ Ms. SALAZAR. What would be your advice to those clients?
1219
+ What would be your advice?
1220
+ Ms. MOSER. So, again, I really think the issue, if the
1221
+ Federal Highway Administration issued guidance, each of the
1222
+ state agencies, and our firm does these indirect rate audits
1223
+ for many engineering firms and deals with many state auditors,
1224
+ the state DOT agencies are looking for guidance. We have
1225
+ reached out to all of them. They are asking for guidance from
1226
+ Federal Highway Administration so I think absent any guidance
1227
+ then they feel like they do not really have a choice on what
1228
+ they do. So I really think Highway providing guidance and
1229
+ recommendations on what is the purpose of the indirect rate
1230
+ audit and how should it be used going forward into future----
1231
+ Ms. SALAZAR. I am going to interrupt you so I can give the
1232
+ opportunity to Ms. Greenleaf, which I did not recognize and
1233
+ then to Mr. Bingham.
1234
+ Ms. GREENLEAF. Thank you for the----
1235
+ Ms. SALAZAR. You have 2 minutes. Yeah.
1236
+ Ms. GREENLEAF. Thank you for the opportunity to respond.
1237
+ I think the one point I would like to make is when I took
1238
+ my PPP loan, it was really under enormous duress. Our business
1239
+ was disrupted. We had to work remotely. And the idea that we
1240
+ would end up as part of a very, very small sector of the entire
1241
+ PPP universe that would not be able to take full advantage of
1242
+ the PPP loan and the original intent is what is driving my
1243
+ being here today. So, I agree with what Ms. Moser is saying
1244
+ about good guidance coming from a possible [inaudible] step in
1245
+ the right direction, but I think for ACEC, what I would like to
1246
+ drive home is that we would like to be treated like every other
1247
+ company that took a PPP loan out.
1248
+ Ms. SALAZAR. Just 1 minute 35 seconds to Mr. Bingham.
1249
+ Mr. BINGHAM. Thank you for this opportunity to respond. I
1250
+ will just say, and I am an advisor to companies as well, but I
1251
+ think the guidance in FAR 42-7 and the DCAA's guidance on this
1252
+ point about the indirect rates, that you do not blindly accept
1253
+ their past year as the future year and forecast that into the
1254
+ future. I think if a government entity was telling me that they
1255
+ were going to force me to have the same rate in the past as the
1256
+ future, I think I may be able to read them passages from FAR
1257
+ 42-7 in the DCAR manual to show them why that is inappropriate.
1258
+ Thank you.
1259
+ Ms. SALAZAR. Thank you. And I would like to recognize
1260
+ Member Stauber. He just joined as Chairman.
1261
+ Chairman MFUME. Yes. Yes. I will do that in his turn. He
1262
+ actually, for the record, was with us earlier and stepped away
1263
+ so we are glad that you are back, Ms. Stauber.
1264
+ The Chair at this point will recognize the gentlewoman from
1265
+ Illinois, Ms. Newman, for the second round.
1266
+ Ms. Newman? Are you back with us?
1267
+ Okay, so let's do this. I will go to the gentleman from
1268
+ Minnesota, Mr. Stauber.
1269
+ Mr. STAUBER. Thank you, Mr. Chair. And thank you for all
1270
+ the witnesses. I really appreciate your time.
1271
+ You know, at a time when our small businesses are trying to
1272
+ recover from the crisis, for small contractors, the continued
1273
+ changes in guidance and memorandums from government agencies
1274
+ have caused a lot of headaches and confusion.
1275
+ Mr. Penin, what is your reaction or your thoughts to the
1276
+ government's motive of prevention of double dipping?
1277
+ Mr. PENIN. Thank you very much, Congressman.
1278
+ I do not believe that double dipping applies, and I say
1279
+ that simply because when we applied for the PPP loan and we
1280
+ processed our paperwork for forgiveness, we consider that as a
1281
+ self-standing item and not something that we were going to be
1282
+ penalized for later.
1283
+ Mr. STAUBER. Okay. Thank you.
1284
+ My next question is for Ms. Greenleaf. Given your position
1285
+ with ACEC, what are you seeing from this particular group of
1286
+ businesses? Are many of them seeking loan forgiveness or not?
1287
+ And have any of your members decided to forgo forgiveness or
1288
+ even give the loans back due to this confusion?
1289
+ Ms. GREENLEAF. Yeah, I think that is a great question, and
1290
+ thank you for asking it.
1291
+ I think our members are waiting to see what comes out of
1292
+ Federal Highway for final guidance. For me, I did apply for
1293
+ forgiveness and my firm did receive it, but I have been
1294
+ checking with colleagues and it is a very inconsistent
1295
+ approach. People would like to apply for forgiveness. They
1296
+ would like to understand the ramifications if they do. Some of
1297
+ the smaller firms like mine, I may have to make some business
1298
+ decisions about who my clients might be for the next year or
1299
+ two and point out that on top of the need to really reach a
1300
+ conclusion that we can all make decisions from is the fact that
1301
+ the administration is trying to push a very, very large and
1302
+ serious infrastructure bill out over the summer and we are the
1303
+ firms that will be hopefully having a part in designing all of
1304
+ these new transportation projects that may come out. And yet,
1305
+ if what we were trying to do is knowing that we are getting
1306
+ into these at a potentially greatly reduced rate. It is a very,
1307
+ very difficult position to be in.
1308
+ Mr. STAUBER. Thank you. And then Ms. Greenleaf, again,
1309
+ could you speak to how this could impact small businesses
1310
+ working on state and local transportation projects?
1311
+ Ms. GREENLEAF. So a firm like mine, we have already done
1312
+ the math. I know what the reduction in overhead rate and
1313
+ corresponding hourly rates will be if I choose to continue to
1314
+ work for our state DOT. And you know, for me they are a very
1315
+ valued client and I want to find a way to continue supporting
1316
+ them. Many of the larger projects at the state level are
1317
+ comprised of very large teams, so it could have very large
1318
+ engineering firms that are driving the projects. The team is
1319
+ very diverse and there might be, you know, 10 firms just like
1320
+ mine that are all seeking to gain experience on large projects.
1321
+ So it is a big impact.
1322
+ Mr. STAUBER. You know, I look forward to discussions on the
1323
+ infrastructure project. I certainly hope it is bipartisan and I
1324
+ certainly hope that the minority has input on it because I
1325
+ think it has a potential to be really good legislation. We know
1326
+ that it has been needed and we just want to have input on it.
1327
+ So Mr. Chair, thank you very much and I yield back to you.
1328
+ Chairman MFUME. Thank you very much, Mr. Stauber.
1329
+ I am going to attempt to go to Ms. Newman again. I do not
1330
+ know if she has her speaker system on. I have seen her go by
1331
+ her camera a couple of times. And Ms. Newman are you there?
1332
+ I guess she is not.
1333
+ The Chair recognizes Mr. Fitzgerald.
1334
+ Mr. FITZGERALD. Thank you, Mr. Chair. I have no further
1335
+ questions at this time. I would yield back. Thank you.
1336
+ Chairman MFUME. Okay. And Ms. Salazar, any further comments
1337
+ from you?
1338
+ Ms. SALAZAR. I think that we have gathered a lot of
1339
+ information between you, we definitely will fit and figure out
1340
+ how we can make this work for the private sector with more
1341
+ clarification as some of them have said and with the accounting
1342
+ process having been reviewed. And I think that is our duty and
1343
+ our job to make it easy for them, for the private sector and at
1344
+ the same time avoid any type of double dipping which that is
1345
+ what we are here for.
1346
+ So I am looking forward to working with you, Mr. Chairman.
1347
+ I yield back.
1348
+ Chairman MFUME. Well stated, and the feeling is mutual.
1349
+ I want to thank you again. I want to also thank all of our
1350
+ witnesses who have made time to be with us. Your expert
1351
+ testimony, in my opinion, has been invaluable and given the
1352
+ members of this Subcommittee a greater understanding of how
1353
+ this complex issue impacts small businesses. Small contractors
1354
+ as we all know have been devastated by this pandemic. And so it
1355
+ is important that we ensure that they are not inflicted with
1356
+ any further harm, and at a minimum we must ensure consistency
1357
+ in the application of the rules that govern Federal
1358
+ contracting.
1359
+ So I look forward to working with today's witnesses and
1360
+ Subcommittee members to find a path forward so that we might be
1361
+ able to come up with an equitable solution for these small
1362
+ businesses.
1363
+ And I would ask, as I have mentioned earlier, unanimous
1364
+ consent that members have 5 legislative days to submit
1365
+ statements and supporting materials for the record.
1366
+ Without objection, it is so ordered.
1367
+ If there is no further business to come before the
1368
+ Committee, we officially stand adjourned. Thank you all. Have a
1369
+ good day.
1370
+ [Whereupon, at 1:21 p.m., the subcommittee was adjourned.]
1371
+
1372
+ A P P E N D I X
1373
+
1374
+ [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
1375
+
1376
+ [all]
1377
+ </pre></body></html>
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1
+ <html>
2
+ <title> - THE SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION'S 2021 HIGH-RISK LIST</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+
9
+
10
+
11
+
12
+
13
+ THE SPECIAL INSPECTOR GENERAL
14
+
15
+ FOR AFGHANISTAN RECONSTRUCTION'S
16
+
17
+ 2021 HIGH-RISK LIST
18
+
19
+ =======================================================================
20
+
21
+ HEARING
22
+
23
+ BEFORE THE
24
+
25
+ SUBCOMMITTEE ON NATIONAL SECURITY
26
+
27
+ OF THE
28
+
29
+ COMMITTEE ON OVERSIGHT AND REFORM
30
+
31
+ HOUSE OF REPRESENTATIVES
32
+
33
+ ONE HUNDRED SEVENTEENTH CONGRESS
34
+
35
+ FIRST SESSION
36
+
37
+ __________
38
+
39
+ MARCH 16, 2021
40
+
41
+ __________
42
+
43
+ Serial No. 117-8
44
+
45
+ __________
46
+
47
+ Printed for the use of the Committee on Oversight and Reform
48
+
49
+
50
+
51
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
52
+
53
+
54
+ Available on: govinfo.gov,
55
+ oversight.house.gov or
56
+ docs.house.gov
57
+
58
+
59
+
60
+ ______
61
+
62
+
63
+ U.S. GOVERNMENT PUBLISHING OFFICE
64
+ 43-959 PDF WASHINGTON : 2021
65
+
66
+
67
+
68
+ COMMITTEE ON OVERSIGHT AND REFORM
69
+
70
+ CAROLYN B. MALONEY, New York, Chairwoman
71
+
72
+ Eleanor Holmes Norton, District of James Comer, Kentucky, Ranking
73
+ Columbia Minority Member
74
+ Stephen F. Lynch, Massachusetts Jim Jordan, Ohio
75
+ Jim Cooper, Tennessee Paul A. Gosar, Arizona
76
+ Gerald E. Connolly, Virginia Virginia Foxx, North Carolina
77
+ Raja Krishnamoorthi, Illinois Jody B. Hice, Georgia
78
+ Jamie Raskin, Maryland Glenn Grothman, Wisconsin
79
+ Ro Khanna, California Michael Cloud, Texas
80
+ Kweisi Mfume, Maryland Bob Gibbs, Ohio
81
+ Alexandria Ocasio-Cortez, New York Clay Higgins, Louisiana
82
+ Rashida Tlaib, Michigan Ralph Norman, South Carolina
83
+ Katie Porter, California Pete Sessions, Texas
84
+ Cori Bush, Missouri Fred Keller, Pennsylvania
85
+ Danny K. Davis, Illinois Andy Biggs, Arizona
86
+ Debbie Wasserman Schultz, Florida Andrew Clyde, Georgia
87
+ Peter Welch, Vermont Nancy Mace, South Carolina
88
+ Henry C. ``Hank'' Johnson, Jr., Scott Franklin, Florida
89
+ Georgia Jake LaTurner, Kansas
90
+ John P. Sarbanes, Maryland Pat Fallon, Texas
91
+ Jackie Speier, California Yvette Herrell, New Mexico
92
+ Robin L. Kelly, Illinois Byron Donalds, Florida
93
+ Brenda L. Lawrence, Michigan
94
+ Mark DeSaulnier, California
95
+ Jimmy Gomez, California
96
+ Ayanna Pressley, Massachusetts
97
+ Vacancy
98
+
99
+ David Rapallo, Staff Director
100
+ Dan Rebnord, Subcommittee Staff Director
101
+ Elisa LaNier, Chief Clerk
102
+
103
+ Contact Number: 202-225-5051
104
+
105
+ Mark Marin, Minority Staff Director
106
+ ------
107
+
108
+ Subcommittee on National Security
109
+
110
+ Stephen F. Lynch, Massachusetts, Chairman
111
+ Peter Welch, Vermont Glenn Grothman, Wisconsin, Ranking
112
+ Henry C. ``Hank'' Johnson, Jr., Minority Member
113
+ Georgia Paul A. Gosar, Arizona
114
+ Mark DeSaulnier, California Virginia Foxx, North Carolina
115
+ Kweisi Mfume, Maryland Bob Gibbs, Ohio
116
+ Debbie Wasserman Schultz, Florida Clay Higgins, Louisiana
117
+ Jackie Speier, California
118
+
119
+ C O N T E N T S
120
+
121
+ ----------
122
+ Page
123
+ Hearing held on March 16, 2021................................... 1
124
+
125
+ Witness
126
+
127
+ The Honorable John F. Sopko, Special Inspector General for
128
+ Afghanistan Reconstruction
129
+ Oral Statement................................................... 4
130
+
131
+ Written opening statements and statements for the witness are
132
+ available on the U.S. House of Representatives Document
133
+ Repository at: docs.house.gov.
134
+
135
+ Index of Documents
136
+
137
+ ----------
138
+
139
+ Documents entered into the record during this hearing and
140
+ Questions for the Record (QFR's) are listed below.
141
+
142
+ * QFR's to: Sopko; submitted by Chairman Lynch.
143
+
144
+ Documents are available at: docs.house.gov.
145
+
146
+
147
+ THE SPECIAL INSPECTOR GENERAL
148
+
149
+ FOR AFGHANISTAN RECONSTRUCTION'S
150
+
151
+ 2021 HIGH-RISK LIST
152
+
153
+ ----------
154
+
155
+
156
+ Tuesday, March 16, 2021
157
+
158
+ House of Representatives
159
+ Committee on Oversight and Reform
160
+ Subcommittee on National Security
161
+ Washington, D.C.
162
+
163
+ The subcommittee met, pursuant to notice, at 11:08 a.m.,
164
+ via Webex, Hon. Stephen Lynch (chairman of the subcommittee)
165
+ presiding.
166
+ Present: Representatives Lynch, Welch, Johnson, DeSaulnier,
167
+ Wasserman Schultz, Speier, Grothman, Higgins, and Comer.
168
+ The committee will now come to order. Without objection,
169
+ the chair is authorized to declare a recess of the committee at
170
+ any time. I now recognize myself for a brief opening statement.
171
+ Good morning, everyone. I would like to thank Special
172
+ Inspector General for Afghanistan Reconstruction John Sopko to
173
+ join us once again as we examine SIGAR's 2021 High-Risk List.
174
+ This biennial report identifies key areas of Afghanistan
175
+ reconstruction that are especially vulnerable to waste, fraud,
176
+ abuse, and corruption.
177
+ As underscored by our recent hearings with U.S. Special
178
+ Representative for Afghanistan Reconciliation, Zalmay
179
+ Khalilzad, and the co-chairs of the Afghan Study Group, the
180
+ issue of U.S. military involvement in Afghanistan has reached a
181
+ moment of great consequence.
182
+ More than a year after the Trump administration and the
183
+ Taliban signed a putative agreement for bringing peace to
184
+ Afghanistan, insurgent violence against Afghan forces and a
185
+ campaign of terror, including assassinations against government
186
+ leaders, teachers, prominent women leaders, and humanitarian
187
+ workers has continued unrelenting to the present day.
188
+ Despite the lack of progress in deescalating Taliban
189
+ violence, President Biden is now forced to decide whether to
190
+ withdraw the remaining 2,500 U.S. troops and approximately
191
+ 13,500 U.S. contractors, and third-county--excuse me, third-
192
+ country contractors from Afghanistan by May 1 as envisioned by
193
+ the Trump-Taliban agreement, we are in a very difficult
194
+ position.
195
+ Alternatively, with less than six weeks before the May 1
196
+ deadline, the Biden administration can attempt to negotiate an
197
+ extension of the February 2020 agreement or, as has been
198
+ recently circulated, convene a coalition partner group of
199
+ countries to engage with both the Afghan government and the
200
+ Taliban with the goal of initiating a detailed discussion for a
201
+ peaceful transition and reconciliation between those two sides.
202
+ These talks are happening at a moment of great uncertainty
203
+ for the people of Afghanistan. In his 2021 High-Risk List,
204
+ Inspector General Sopko warns that a highly unstable security
205
+ environment, coupled with the scheduled withdrawal of U.S. and
206
+ international forces in the midst of a global pandemic, have
207
+ all placed the U.S. reconstruction mission in Afghanistan,
208
+ quote, ``at a greater risk than ever before.''
209
+ Since 2002, the United States has spent over $88 billion or
210
+ an estimated 62 percent of total U.S. reconstruction assistance
211
+ on training and equipment for the Afghan National Defense and
212
+ Security Forces.
213
+ Yet, despite this expenditure and our best efforts to
214
+ strengthen the Afghan government's military and police forces,
215
+ levels of violence in Afghanistan remain unacceptably high and
216
+ the enduring presence of al-Qaeda, the Islamic State Khorasan,
217
+ and other terrorist organizations all continue to threaten to
218
+ overtake the already fragile negotiations between the Afghan
219
+ government and the Taliban.
220
+ Nascent gains of Afghan women and girls, who have made
221
+ historic progress in their ongoing struggle for gender equality
222
+ throughout the past two decades, while there were zero women
223
+ and girls attending school during the previous period of
224
+ Taliban controlling Afghanistan, today it is estimated that
225
+ approximately 3 million women and girls are able to safely do
226
+ so.
227
+ With the support of at least $787 million in U.S. direct
228
+ assistance, Afghan women have gained expanded legal
229
+ protections, increased access to social services, and they are
230
+ now able to access--are now able to meaningfully participate in
231
+ Afghan politics.
232
+ Unfortunately, as Special Inspector General Sopko reminds
233
+ us in his latest report that, quote, ``Afghanistan remains one
234
+ of the most challenging places in the world to be a woman,''
235
+ closed quote. And again, he identifies women's rights as high
236
+ risk, especially given the potential for Taliban's
237
+ reintegration into Afghan civil society and government.
238
+ So, let me be clear. The prospects for a sustainable and
239
+ lasting peace in Afghanistan will inevitably depend on whether
240
+ the Taliban and the Afghan government can reach a political
241
+ agreement that respects the rights of all Afghans, including
242
+ women and girls.
243
+ So, I was pleased to see the Biden administration
244
+ prioritize the rights of Afghan women and girls in the guiding
245
+ principles document that it reportedly provided to the Afghan
246
+ government and the Taliban in recent weeks.
247
+ And to conclude, Inspector General Sopko writes, quote,
248
+ ``Whether or not the United States continues to withdraw its
249
+ troops, the new administration and Congress will have to decide
250
+ whether and to what extent reconstruction will continue,''
251
+ closed quote.
252
+ So, as we work with the Biden administration to determine
253
+ our best path forward in Afghanistan, we must inform--we must
254
+ afford meaningful consideration to how their approach might
255
+ impact the high-risk reconstruction areas that are identified
256
+ in SIGAR's report.
257
+ I look forward to today's discussion with Inspector General
258
+ Sopko, and I now yield to the ranking member from the great
259
+ state of Wisconsin, Mr. Grothman, for his opening statement.
260
+ Mr. Grothman. A great state it is. Thank you very much.
261
+ I want to thank you for holding this hearing and for Mr.
262
+ Sopko being with us today. Your continued efforts to oversee
263
+ billions of U.S. taxpayer dollars are commendable and
264
+ necessary.
265
+ This year will be the 20th anniversary of the United States
266
+ being attacked by al-Qaeda on September 11, 2001. These
267
+ unprecedented attacks took the lives of nearly 3,000 innocent
268
+ Americans in New York, Pennsylvania, and at the Pentagon. Days
269
+ later, on October 7, the United States launched Operation
270
+ Enduring Freedom and invaded Afghanistan, leading to the
271
+ toppling of the Taliban's regime.
272
+ The United States has had a presence in Afghanistan ever
273
+ since. Unfortunately, every time we need to discuss ongoing
274
+ efforts, the same--the same issues come up.
275
+ To date, the American taxpayer has sent $1 trillion to
276
+ Afghanistan through supporting combat or reconstruction. In
277
+ America's longest war, we are just starting to see the light at
278
+ the end of the tunnel.
279
+ President Trump reduced Americans--the American footprint
280
+ in Afghanistan from over 100,000 during the Obama
281
+ Administration to just a few thousand. On February 29 of last
282
+ year, under a strong--under the strong leadership of President
283
+ Trump, the United States signed a peace agreement to gradually
284
+ withdraw remaining Americans from Afghanistan.
285
+ This agreement will help create a safe and prosperous
286
+ Afghanistan by ensuring that it will not provide safe harbor to
287
+ terrorists.
288
+ Now I understand it will be--and I will be the first to
289
+ admit that just packing our bags and leaving is dangerous. That
290
+ type of withdrawal will create a vacuum for terrorism and
291
+ potentially set back the social and governmental gains in
292
+ Afghanistan.
293
+ What I do believe is that it should be our goal to reduce
294
+ our global military footprint and bring troops home.
295
+ Your report highlights numerous issues that we must take
296
+ very seriously, including the corruption, the illegal
297
+ narcotics, the increasing insecurity, and the inadequate
298
+ oversight. Each of these issues hinders the ability to
299
+ effectively track and manage American taxpayer funds in
300
+ Afghanistan.
301
+ This is an issue at the heart of this committee's
302
+ jurisdiction. We must continue to work together to ensure that
303
+ we know where investments go and to make sure they are spent on
304
+ legal activities.
305
+ I hope that will be a bipartisan goal. Once again, thank
306
+ you, Mr. Sopko, for being here and I look forward to your
307
+ testimony.
308
+ I yield back.
309
+ Mr. Lynch. The gentleman yields back.
310
+ I will now introduce and swear in our witness.
311
+ Today, our witness is the Honorable John F. Sopko, who is
312
+ the undaunted Special Inspector General for Afghanistan
313
+ reconstruction and has been a frequent flyer to this committee
314
+ and the subcommittee, and we deeply appreciate the wonderful
315
+ work that he and his staff have done throughout a difficult
316
+ period in Afghanistan, including in the midst of this pandemic.
317
+ So, Mr. Sopko, could you please raise your right hand?
318
+ Mr. Sopko, do you swear or affirm that the testimony you
319
+ are about to give is the truth, the whole truth, and nothing
320
+ but the truth, so help you God?
321
+ [Witness is sworn.]
322
+ Mr. Lynch. Let the record show that the witness has
323
+ answered in the affirmative. Thank you, and without objection,
324
+ your written statement will be made part of the record as will
325
+ your report--your High-Risk Report.
326
+ With that, Inspector General Sopko, you are now recognized
327
+ to give an oral presentation of your testimony for five
328
+ minutes.
329
+
330
+ STATEMENT OF THE HONORABLE JOHN F. SOPKO, SPECIAL INSPECTOR
331
+ GENERAL FOR AFGHANISTAN RECONSTRUCTION
332
+
333
+ Mr. Sopko. Thank you very much, and good morning, Chairman
334
+ Lynch, Ranking Member Grothman, and Congressman Welch.
335
+ Thank you for inviting me to discuss SIGAR's new High-Risk
336
+ List for Congress and the administration. This report
337
+ identifies eight key threats to our $143 billion reconstruction
338
+ effort that, since 2002, has been an essential part of the U.S.
339
+ strategy to return peace and stability to Afghanistan.
340
+ Today's report comes at an opportune time, as the Biden
341
+ administration is deciding on the future of both our counter-
342
+ terrorism and reconstruction missions in Afghanistan.
343
+ The May 1 deadline to withdraw U.S. forces and other
344
+ personnel is a mere 46 days away. Whether or not the U.S.
345
+ withdraws its troops, the new administration and Congress will
346
+ need to decide and whether and to what extent reconstruction
347
+ will continue.
348
+ It could be a very critical decision, for we must remember
349
+ that it was not the withdrawal of Soviet troops in 1989 but the
350
+ withdrawal of Soviet rubles that led to the collapse of the
351
+ Afghan regime in 1992.
352
+ But let me be clear before we go any further. As an
353
+ inspector general, neither I nor SIGAR nor this High-Risk List
354
+ takes a position on the future presence of U.S. forces in
355
+ Afghanistan.
356
+ That is beyond what an inspector general should discuss.
357
+ That is policy and that is the purview of the policymakers in
358
+ Congress and the Biden administration to determine.
359
+ However, I believe most would agree with our report that
360
+ achieving our counter-terrorism and reconstruction objectives
361
+ depends on a strong, stable, democratic, and self-reliant
362
+ Afghanistan.
363
+ Unfortunately, as our report discusses in great detail,
364
+ Afghanistan is far from that reality and may be fighting for
365
+ its very survival.
366
+ Taliban attacks and assassinations increased since the
367
+ U.S.-Taliban agreement was signed last February. Afghan
368
+ security forces are nowhere near achieving self-sufficiency, as
369
+ they cannot maintain their equipment, manage their supply
370
+ chains, or train new soldiers, pilots, and policemen without
371
+ the 13,000 DOD contractors that, under the terms of the same
372
+ February agreement, may be obliged to leave Afghanistan on May
373
+ 1 also.
374
+ Highlighting the critical nature of that support, DOD
375
+ estimates that no Afghan airframe can maintain combat
376
+ effectiveness for more than a few months if contractor support
377
+ is withdrawn.
378
+ Likewise, Afghanistan is heavily dependent on foreign
379
+ financial assistance. Roughly, 80 percent of Afghanistan's
380
+ public expenditures have to be covered by international donors,
381
+ including the U.S. taxpayer.
382
+ Yet, as we report, because international donors have,
383
+ largely, lacked the will to impose and, more importantly,
384
+ enforce concrete conditions on their assistance, the Afghan
385
+ government that has made little if any progress in combating
386
+ corruption or illicit narcotics production, both of which
387
+ provide critical oxygen to the insurgency.
388
+ In that regard, we believe a key opportunity was missed at
389
+ last November's international donor pledging conference for
390
+ Afghanistan, where donor nations, including the United States,
391
+ failed to outline specific financial and other consequences
392
+ that the Afghan government would face if they failed to meet
393
+ its anti-corruption and counter-narcotics commitments.
394
+ If, at that pivotal time, just a few months ago, donors did
395
+ not have either the bureaucratic or political will to place
396
+ hard concrete conditions on future Afghan assistance, we must
397
+ ask the critical question, when will we, and this is
398
+ particularly troubling now, as many believe we must use
399
+ continued financial assistance for Afghanistan as leverage to
400
+ ensure that the Afghan government does the right thing on a
401
+ number of issues, including protecting the rights of Afghan
402
+ women and girls.
403
+ So, in conclusion, as our report indicates, if
404
+ conditionality isn't critical for future assistance, then we
405
+ and other donors have to do better than we have done over the
406
+ last 19 years in truly enforcing concrete conditions on any
407
+ post-peace Afghan government, especially if it includes the
408
+ Taliban.
409
+ Thank you very much, and I look forward to your questions.
410
+ Mr. Lynch. Thank you very much, Inspector General Sopko,
411
+ and again, my thanks to your staff for the great work that they
412
+ continue to do every day in Afghanistan.
413
+ The chair now yields himself five minutes for questions. I
414
+ guess, you know, the $64,000 question is the administration,
415
+ the Biden administration, is in a position now where they have
416
+ to, because of the preexisting agreement between the Trump
417
+ administration and the Taliban, they have got to decide whether
418
+ they pull the plug on May 1.
419
+ So, let us talk about that. Based on your time in
420
+ Afghanistan and the review of your incredible staff, what
421
+ happens? What does it look like?
422
+ Tell me what to expect if the administration, indeed,
423
+ pulled the remaining 2,500 troops out, but more importantly, as
424
+ you pointed out, pulled the thousands and thousands of
425
+ contractors out?
426
+ So, can I ask you about that? Can you tell me what the
427
+ makeup of the contractor population is there? I know we have
428
+ some home country nationals. There is a small percentage of
429
+ those, I think, from Afghanistan. Then there are third-country
430
+ nationals. Then there are U.S. contractors.
431
+ So, tell me about the makeup of that contractor force, and
432
+ again, the main question is, what happens on May 1 if we pull
433
+ the plug and come out?
434
+ Mr. Sopko. Thank you, sir. It is a--that is an important
435
+ question.
436
+ As I indicated, it is about 18,000 contractors all
437
+ together--DOD contractors. Thirteen thousand of them would,
438
+ pursuant to the February agreement, have to leave with our
439
+ troops, and that breaks down to about 6,000 U.S. citizens and
440
+ about 7,000 or more who are non-Afghan but third-party
441
+ nationals from other countries.
442
+ What would happen if--if the troops, our troops, leave that
443
+ is going to hurt the Afghan government in its fight against--
444
+ and, again, if there is no peace agreement. If there is a peace
445
+ agreement, this changes.
446
+ But if there is no peace agreement on May 1, the Afghan
447
+ government will probably lose the capability of flying any of
448
+ its aircraft within months--few months, and to be quite blunt,
449
+ it probably would face collapse, especially if we also withdraw
450
+ the funding.
451
+ Remember, 80 percent of that government comes from the
452
+ United States and our donors, including salaries for troops,
453
+ money to buy fuel, money to buy bullets, et cetera. So, if that
454
+ happens, if you combine those three, it is a disaster for
455
+ Afghanistan.
456
+ Mr. Lynch. OK. Let me ask you then, is there a--so thus
457
+ far, there is--apart from this agreement, there is no
458
+ transition agreement in terms of what the--what the level of
459
+ participation or the nature of participation on the part of the
460
+ Taliban will be post May 1. Is that--is that correct?
461
+ Mr. Sopko. As far as we know, there is nothing in the--they
462
+ still have to negotiate it. So, we don't know what the role of
463
+ the Taliban will be, if any. That has to be agreed to by the
464
+ Afghan government and the Taliban.
465
+ Mr. Lynch. But based on the--based on the campaign of
466
+ assassinations that we have seen, mainly, they have gone after
467
+ a government officials, a lot of women in the press and women
468
+ in government. We have seen attacks on humanitarian groups as
469
+ well.
470
+ What is your--what is your assessment in terms of the
471
+ stability of the government if there is an entree on the part
472
+ of the Taliban coming into--coming into the government? They
473
+ seem to expect a role that they will play after May 1.
474
+ Mr. Sopko. I definitely think they expect a role to play in
475
+ the new government, and while the negotiations have been going
476
+ on, they have been attacking very aggressively Afghan soldiers
477
+ and police, in particular, in certain geographical zones. They
478
+ are trying to take back more of Afghanistan, probably for
479
+ negotiating purposes. So, that will continue.
480
+ Mr. Lynch. And if we unilaterally decide that we are going
481
+ to extend this, do you have a sense of what the response of the
482
+ Taliban might be, going forward?
483
+ Mr. Sopko. Public statements that have been made have been
484
+ diverse. On the one hand, the Taliban have indicated they are
485
+ looking at this proposal. We don't know all the exact
486
+ particulars of the proposal that the Biden administration has
487
+ made.
488
+ But at the other hand, some of their spokesmen have talked
489
+ about they want us out May 1 and the deal is off if we don't
490
+ leave by May 1.
491
+ So, I can't give you a definite answer on that, Mr.
492
+ Chairman.
493
+ Mr. Lynch. OK. My time has expired.
494
+ The chair now recognizes the gentleman from Wisconsin, the
495
+ ranking member, Mr. Grothman, for five minutes for his
496
+ questions.
497
+ Mr. Grothman. Sure, a few questions.
498
+ First of all, is the Taliban a monolith? Do you feel that
499
+ when we negotiate them, they can even make an agreement stick,
500
+ given what you have just told us about, you know, attacks on
501
+ humanitarian groups, attacks on women, what have you?
502
+ Mr. Sopko. That is a really good question, and it is mixed.
503
+ There was some indication during the early part of the
504
+ negotiation for withdrawal, that the Taliban issued an order
505
+ not to fight and it kind of held all over the country.
506
+ But I--what we are told and what our experts say it is
507
+ still not a monolithic organization and you got individual
508
+ groups that will go off and frolic
509
+ [inaudible.] at will.
510
+ So I would say, again, we haven't done an audit, sir. But I
511
+ would say it is not monolithic and I don't know if they can
512
+ control all their troops.
513
+ Mr. Grothman. OK. To what degree are Russia and Pakistan
514
+ and Iran--I guess those are the big four poking around
515
+ Afghanistan right now--if we would leave to what degree with
516
+ those four kinds of put Afghanistan in their sphere of
517
+ influence?
518
+ Mr. Sopko. Well, again, we haven't done an audit, per se,
519
+ but all of those countries you mentioned are playing a role and
520
+ have played a role historically, either funding insurgents or
521
+ funding warlords or, you know, corrupting officials in
522
+ Afghanistan.
523
+ I would only assume that they would play a role, going
524
+ forward, with a post-peace government. But I can't tell you for
525
+ sure what that role will be.
526
+ They all have an interest in Afghanistan for their own--
527
+ remember, they surround Afghanistan. So, they have that
528
+ interest. And, particularly, Iran has a lot of influence to the
529
+ west because of economic reasons.
530
+ Mr. Grothman. OK.
531
+ Mr. Sopko. The west part of Afghanistan.
532
+ Mr. Grothman. Which country, economically or otherwise, is
533
+ it Pakistan or Iran--I am assuming it is Pakistan, but I don't
534
+ know--right now, economically and otherwise, kind of is more
535
+ involved in Iran? And are those the two major countries? I am
536
+ assuming they are. They have the biggest borders.
537
+ Mr. Sopko. I am sorry, Mr. Grothman. I lost your beginning.
538
+ Actually, I am losing connectivity right now.
539
+ Mr. Grothman. OK. I am assuming--yes, I am assuming the two
540
+ countries that have the biggest current influence in
541
+ Afghanistan, because they have such long borders, are Iran and
542
+ Pakistan.
543
+ And I wondered which one of those two right now has bigger
544
+ influence, you know, more economic relationship, more cultural
545
+ relationship, what have you. And if we would leave, therefore,
546
+ which one of those would kind of be more predisposed to kind of
547
+ put Afghanistan in their sphere of influence?
548
+ Mr. Sopko. It is hard for me to say. I would think
549
+ Pakistan. I would probably answer Pakistan because of the
550
+ border, because of their long ties with Afghanistan.
551
+ But as I said before, Iran has a very strong influence,
552
+ particularly in the area around Herat and to the west of the
553
+ country. But it is a close call, sir. Those are the two major
554
+ countries.
555
+ Mr. Grothman. OK. Can you explain to us this ghost soldier
556
+ problem and to what degree it still is a problem?
557
+ Mr. Sopko. Again, I apologize, sir. You broke up on the----
558
+ Mr. Grothman. I am sorry. Ghost soldiers, that phrase. We
559
+ have heard it before. Is it still a problem? To what degree is
560
+ it a problem?
561
+ Mr. Sopko. We think it is still a major problem. That is
562
+ the reporting we are getting from people we know in the Afghan
563
+ government and Afghan civil society.
564
+ We haven't been able to document it because we haven't been
565
+ able to get out and check on it. The U.S. Government, I think,
566
+ considers this a problem because after spending millions of
567
+ dollars to develop a personnel system which could track the
568
+ soldiers, they, basically, said the Afghan government can't run
569
+ it on their own.
570
+ So, it is still a problem. The officials steal salaries,
571
+ they don't pay the salaries of soldiers and police, and it is
572
+ pretty widespread.
573
+ Mr. Grothman. OK. I will give you one more question because
574
+ I am sure I am near my five minutes.
575
+ One of the things that bothers me about the ghost soldiers,
576
+ in addition to the money you are spending, goes to the degree
577
+ to which there is pride in such a thing as an Afghan government
578
+ and whether their soldiers feel there is something worth
579
+ fighting for there.
580
+ And that is the problem we have all over the region because
581
+ I am sure at one time the very borders of Afghanistan were
582
+ probably drawn by the British or somebody that didn't--you
583
+ know, didn't necessarily represent an ethnic group like, say, a
584
+ France or a more traditional country.
585
+ Do you believe there is such a thing as a pride in an
586
+ Afghan country, that they are capable of defending or securing
587
+ their current borders?
588
+ Is there that pride in Afghanistan or is it just a bunch of
589
+ people who have to--happened to grow up there and collect a
590
+ paycheck there but, really, I guess, to what degree is there
591
+ Afghan pride? Will they protect Afghanistan or protect those
592
+ borders?
593
+ Mr. Sopko. There is Afghan pride and I don't want to
594
+ denigrate the Afghan fighting spirit. The Afghans have fought
595
+ and will continue to fight.
596
+ The problem is pride in what we call the Afghanistan or the
597
+ central government, and that is where you have got a morale
598
+ issue and that is why your point about ghost soldiers and
599
+ salaries.
600
+ If you don't pay the soldier, if you don't pay the widows
601
+ and orphans that the soldiers and policemen killed, and if I am
602
+ an Afghan soldier and I see my money going to some warlord or
603
+ some captain or colonel or general who never shows up but gets
604
+ part of my salary, or as bad as it was down south, where the
605
+ Afghan general was, basically, stealing the food that was paid
606
+ for by the government and forcing the soldiers to buy their own
607
+ food, then you lose morale.
608
+ No, the Afghans will fight. The question is will they fight
609
+ for a corrupt incompetent government, and that is the big
610
+ question. But there is a will to fight and there are a lot of
611
+ honest brave Afghans who have fought for their country.
612
+ But you just--we don't know on morale. We don't know
613
+ because we are not collecting the data. We don't have the
614
+ people to collect the data on what regions are controlled by
615
+ the Taliban or other terrorist groups, or what districts are
616
+ controlled.
617
+ I think that is something that Chairman Lynch and a number
618
+ of you inserted, finally, into, I think, last year's either
619
+ defense bill or the appropriations bill that we are now going
620
+ to start collecting that data so we at least know and you in
621
+ Congress know where we stand in this fight against the
622
+ terrorists.
623
+ Mr. Lynch. The gentleman's time has now expired.
624
+ The chair now recognizes the gentleman from Vermont, Mr.
625
+ Welch, for five minutes.
626
+ Mr. Welch. Thank you very much, Mr. Chairman and Mr.
627
+ Grothman.
628
+ And Mr.--John, Mr. Sopko--what am I doing calling you John
629
+ at the hearing, but I will.
630
+ You know, I really appreciate--we all do--the work you have
631
+ done over the years. It has been steady and really something we
632
+ can rely on.
633
+ We are moving into this new phase where whether the Biden
634
+ administration follows through on the date set by the Trump
635
+ administration or tries to renegotiate, we are leaving in that
636
+ is pretty clear. It is just a question of when.
637
+ And, Mr. Sopko, you have documented how corruption is
638
+ endemic and according to your 2021 High-Risk Report, corruption
639
+ threatens all U.S. and international efforts in Afghanistan.
640
+ And just succinctly, because I want to follow with other
641
+ questions, can you describe that threat of corruption to the
642
+ peace and stability of the future Afghan state post-U.S.
643
+ occupation?
644
+ Mr. Sopko. Well, I think corruption is the threat, just
645
+ like I talked about before. It not only is a loss of our
646
+ money--you know, the dollar we give for reconstruction, if it
647
+ is diverted, it doesn't help the reconstruction. Doesn't buy
648
+ the boots, doesn't help the government build the road.
649
+ But it also is fueling the insurgency, to some extent,
650
+ because the Taliban and other terrorist groups point to it and
651
+ point to the warlords and point to the corrupt officials and
652
+ point to the fact that there is immunity.
653
+ We basically--there is, basically, immunity. If you are a
654
+ high official in Afghanistan and you are corrupt, you ain't
655
+ going to jail, and that is what our, basically, said.
656
+ Mr. Welch. Let me followup on that. You know, you document
657
+ how the Afghan government makes paper reforms such as drafting
658
+ regulations, but they don't take tangible actions. You have
659
+ been on this for a number of years. Has that changed up until
660
+ this point?
661
+ Mr. Sopko. Not really, and we will be issuing another
662
+ report next month, pursuant to requests in Congress, and we
663
+ document it. It is, basically, they are very good at attending
664
+ meetings, writing legislation, or writing policies or creating
665
+ organizations but not too good at actually catching crooks and
666
+ sending them to jail if they are important Afghans.
667
+ Mr. Welch. So, it just continues--it just continues the
668
+ cycle of eroding trust and strengthening the Taliban. You have
669
+ said and you have been saying this for all your time, Mr.
670
+ Sopko, what conditions--you have said, A, that we need
671
+ conditions.
672
+ But, B, now that we are moving in this new phase, can you
673
+ specify the types of conditions you think would be essential to
674
+ giving us confidence and, frankly, the Afghan people confidence
675
+ that the money was being used for their benefit, not for the
676
+ private profit of the government officials?
677
+ Mr. Sopko. There are many conditions and it is really based
678
+ upon understanding who you are dealing with in the Afghan
679
+ government and what do they want. Right now, we know the
680
+ current government wants elections in September.
681
+ I am not saying we should or shouldn't have elections in
682
+ September. OK. What do we get in return for that? We know a lot
683
+ of Afghan officials want to send their kids to school in the
684
+ West. They need visas.
685
+ What are we getting for that? Those are the type of
686
+ conditions. That is called smart conditionality. There was a
687
+ general in Afghanistan who once talked to me about this,
688
+ General Semonite, who was head of CSTCA.
689
+ It was only about five years ago. He was the first guy to
690
+ talk about conditionality in Afghanistan. So, it is
691
+ understanding. It is like if we build a new office. This was
692
+ one of the examples I gave to you.
693
+ I mean, the head of MOD, I believe, wanted a fancy new
694
+ office and we really rebuilt an entire office for him. What did
695
+ we get out of it? Did we get a--it is a quid pro quo. So, it is
696
+ understanding what the Afghan officials, corrupt or otherwise,
697
+ want, and then condition on it.
698
+ You know, it is very interesting. You had a hearing last
699
+ week, I believe, with the Afghan Study Group, and if you look
700
+ at their testimony, what they are talking about they,
701
+ basically, talk about smart conditionality.
702
+ Mr. Welch. Right. Right.
703
+ Mr. Sopko. And they talk about some examples. There are
704
+ many things we can do but we haven't done it. I mean, it is so
705
+ frustrating. I feel like it is Groundhog Day in that movie.
706
+ Mr. Welch. Right.
707
+ Mr. Sopko. I keep coming back and repeating the same thing,
708
+ and all of our Ambassadors say, oh, it is horrible about
709
+ corruption and narcotics. But they don't put any conditions.
710
+ Mr. Welch. Right.
711
+ Mr. Sopko. They talk about conditions.
712
+ Mr. Welch. My time is--my time is up.
713
+ Mr. Sopko. Do you realize from the donor--I am sorry. I
714
+ apologize. You can see I am really upset about that. We don't
715
+ follow through with smart conditionality.
716
+ Mr. Welch. Well, I am upset too, because you have been
717
+ providing the roadmap for years and we haven't followed it, to
718
+ our peril.
719
+ Thank you very much, and I yield back, Mr. Chairman.
720
+ Mr. Lynch. The gentleman yields back.
721
+ The chair now recognizes the gentleman from Louisiana, Mr.
722
+ Higgins, for five minutes.
723
+ Mr. Higgins. Thank you, Mr. Chairman. Thank you for having
724
+ this hearing today.
725
+ Since 2008, Congress has appropriated about $110 billion
726
+ for humanitarian, security, and reconstruction assistance to
727
+ Afghanistan. Yet, over the last 20 years, from my perspective
728
+ and most of my constituents, little progress has been made and
729
+ the Nation is still heavily dependent on donor and foreign aid.
730
+ We have had meetings and discussions about this for four
731
+ years now, my office with boots on the ground in Afghanistan,
732
+ and men and women of just distinguished accomplishment that
733
+ have their background of expertise in the region.
734
+ And, personally, I am of the opinion that we have--we have
735
+ done enough. I mean, if we--if we haven't taught the Afghan
736
+ people how to care for themselves in 20 years, you know, what
737
+ makes us think we are going to do it in two more.
738
+ And I asked--I asked a troop commander last week, why would
739
+ we have boots on the ground out there? We have naval response,
740
+ rapid deployment forces in the region. Why would we need boots
741
+ on the ground?
742
+ He said, well, you need to be able to respond very, very
743
+ quickly to what is happening. Well, what about the guys that we
744
+ trained for 20 years? They live there. They are on the ground.
745
+ They can respond immediately.
746
+ And, again, if we haven't trained them in 20 years, what
747
+ makes us think we are going to train them in two?
748
+ As the Biden administration moves forward with peace talks
749
+ with the Taliban and the Afghan government, I think we should
750
+ be focused on terrorist activity.
751
+ True success in Afghanistan will only be achieved if we
752
+ build upon the progress by the Trump administration, promote a
753
+ free and self-sustaining direction for the region and
754
+ protection for our allies like Israel.
755
+ Mr. Sopko, as stated in your report and supported by DOD,
756
+ pervasive corruption throughout the Afghan government
757
+ undermines its own legitimacy.
758
+ Please, based upon--my opening remarks was, granted, that
759
+ is my opinion. That is not the opinion of this committee. That
760
+ is my personal observation.
761
+ But many, many Americans feel the same way. With pervasive
762
+ corruption in the Afghan government and we have been there for
763
+ 20 years, we have invested billions upon billions of dollars of
764
+ American treasure, seems we have gotten nothing out of it,
765
+ please explain to the American people why we should remain in
766
+ Afghanistan and what our focus should be.
767
+ I will give you my remaining time so you have over two
768
+ minutes. Tell us why we need to be there.
769
+ Mr. Sopko. Well, sir, I appreciate your question and I
770
+ appreciate your concerns, and that is something that I think
771
+ that every administration has faced.
772
+ I don't argue either which way. I am really agnostic on
773
+ this as an inspector general. I don't do--you got the tough
774
+ decision, Congressman----
775
+ Mr. Higgins. Right.
776
+ Mr. Sopko [continuing]. and the administration. Whether it
777
+ was the Trump administration, Biden administration, Obama
778
+ Administration, it is a tough decision because these are the
779
+ issues you face.
780
+ Let me just throw out some things that you may want to
781
+ consider. Again, I am not a proponent for staying or going. I
782
+ am just telling you what is going to happen, you know, and what
783
+ has happened and what we can learn from that.
784
+ Mr. Higgins. Fair enough.
785
+ Mr. Sopko. There are some diplomatic reasons we should be
786
+ there, and I think somebody from State Department can explain
787
+ that better than me. But, you know, are we going to look like
788
+ we cut and run?
789
+ Now, people can say, hey, you have been there 20 years. You
790
+ didn't cut and run for 20 years. Why would you now? But that is
791
+ something to consider.
792
+ Do some of our allies in the region think that if you
793
+ leave, it is destabilized? Another question that can be
794
+ raised--and again, you need to talk to the counter-terrorism
795
+ experts, not me.
796
+ We don't do counter-terrorism. We do reconstruction. But it
797
+ could be that having boots on the ground actually is helpful
798
+ and being able to work with them is helpful.
799
+ The other thing is we have invested a lot of money in
800
+ reconstruction and rebuilding. If we leave immediately, we lose
801
+ everything. Not only are women and girls but a lot of people
802
+ who have supported us in jeopardy.
803
+ The other thing is we have brought NATO with us and we have
804
+ NATO troops working with us. Did they buy a bill of goods with
805
+ us? Do they feel like they have been cheated out of this? Why
806
+ did they spend their time?
807
+ So, those are some of the things you have to consider. A
808
+ destabilized Afghanistan could be a problem for us in the
809
+ future. But again, I don't--these are arguments that can be
810
+ made probably by better people than me. Again, I just do
811
+ process. I tell you what have we gotten so far.
812
+ So, I don't know if that answers the question, but I am not
813
+ a good advocate. You need to talk to somebody at state or AID
814
+ or DOD on answering those questions.
815
+ Mr. Higgins. Yes, sir, and I do speak to those gentlemen
816
+ consistently. Thank you for your answer. We appreciate your
817
+ opinion as a solid, a wise man with a great deal of experience
818
+ in the region.
819
+ Mr. Chairman, my time has expired and I yield.
820
+ Mr. Lynch. The gentleman yields back.
821
+ The chair now recognizes the gentleman from California by
822
+ way of Massachusetts, Mr. DeSaulnier, for five minutes.
823
+ Mr. DeSaulnier. Thank you, Mr. Chairman, for recognizing
824
+ that I was from the correct western state. I appreciate the
825
+ hearing.
826
+ Mr. Sopko, it is hard not to watch you and feel very
827
+ sensitive to your frustration, as others have said. So, our
828
+ options are we spent a lot of time with the study group talking
829
+ about what leverage we had vis-`-vis the Taliban and the May
830
+ deadline.
831
+ My question is what kind of leverage, given our history and
832
+ the history of the British and Russians and other countries in
833
+ Afghanistan in history with the--with the Afghan government?
834
+ If we do say--if we make it conditional that this funding
835
+ continues, doesn't seem, based on history, that is at least a
836
+ good faith last effort.
837
+ But do you expect that they would actually perform if we
838
+ had the right conditionality if we stayed--the Afghan
839
+ government, or will they continue to be corrupt?
840
+ Mr. Sopko. That is the $60,000--probably $6 million or $6
841
+ billion question. I don't know. We do know right now it is an
842
+ opportune time.
843
+ As pessimistic as I sound, the opportune time is everybody
844
+ who is a player in Afghanistan realizes they need foreign
845
+ assistance. OK. You may want to say we got them over the
846
+ barrel. You know, 80 percent of that government is paid for by
847
+ the American taxpayer, British taxpayer, et cetera, et cetera.
848
+ So, if not now, when can we try real conditionality? So, we
849
+ got that out. We know the Taliban want foreign assistance.
850
+ Now, the Taliban wants some other things, too. They want to
851
+ be recognized independent--as a--internationally. They want to
852
+ be removed from all the terrorist designations.
853
+ So, there is a number of things that they want, and they
854
+ also want a piece of the government. If we can come up with
855
+ proper conditions and if we enforce them and if we are willing
856
+ to say, we lead, I mean, all of us have dealt with conditions
857
+ on employment or even with our kids. You have to be willing to
858
+ say no, and up to now we have failed to do that time and time
859
+ again.
860
+ So, the answer is, I don't know. But this is a great
861
+ opportunity to try true conditionality. But you need people who
862
+ really want to enforce it.
863
+ Mr. DeSaulnier. So, we are playing with people who played
864
+ this diplomatic poker with the West for multiple generations,
865
+ centuries. So, let us go to plan B. We try. They fail. Still
866
+ corruption.
867
+ We leave, and as to who has got who over the barrel, I
868
+ guess I would respectfully, maybe skeptically, disagree. They
869
+ know it is going to be destabilizing. They know there is
870
+ potential al-Qaeda starting again.
871
+ Is that in our best interest? We have stayed in Europe--I
872
+ know, a different situation--since World War II. Is our plan B
873
+ being we have got to stay there in some form or function in
874
+ terms of our best calculus on what protects the American public
875
+ and the international order?
876
+ So we try. If we fail, are we stuck with, basically--and
877
+ should we--maybe we should pay the--give the extortion or
878
+ support directly to the warlords, which we have tried in the
879
+ past, rather to just bypass the government.
880
+ So, I am sort of looking at give it the best shot, but most
881
+ likely, given history, we are going to be stuck with this other
882
+ situation.
883
+ And then last, there was some hope in our discussion with
884
+ the study group that, demographically, younger people, because
885
+ of the effects of globalization and our influence for the last
886
+ 20 years, might be more open to asserting themselves to really
887
+ establish a government that is functional.
888
+ So as I look at it, that sort of seems like the probable
889
+ playing out, based on the study group and your great work.
890
+ Mr. Sopko. You may be right, sir. I don't know. I mean,
891
+ the--I do agree with you about the youth of Afghanistan. The
892
+ young have been exposed to us, good or bad. Particularly in the
893
+ cities, a lot of them have been exposed to democracy, to an
894
+ attempt at rule of law, to a free and open press. A lot of
895
+ women and girls have been removed from the shackles of the 4th
896
+ century and have tasted freedom.
897
+ I don't know if that is going to be enough. I don't have an
898
+ answer on that. We haven't done work on it. And again, just let
899
+ me apologize if I defer.
900
+ I mean, as an inspector general, I like to speak for either
901
+ an audit or an inspection or a report. You are asking--a lot of
902
+ these are personal questions. One member has asked me to,
903
+ basically become diplomatic and make an argument on behalf of
904
+ the State Department or USAID. I am not the witness for that.
905
+ But this is the kind of discussion that I assume is
906
+ happening right now in the embassy and in the White House, and
907
+ this is the kind of discussion I think is necessary for
908
+ Congress to have.
909
+ Mr. DeSaulnier. Thank you. I appreciate it.
910
+ I will yield back to the pride of South Boston, Mr.
911
+ Chairman.
912
+ Mr. Lynch. You are very kind. Very kind.
913
+ The chair now recognizes the full committee ranking member,
914
+ the gentleman from Kentucky, Mr. Comer, for five minutes.
915
+ Mr. Comer. Thank you, Mr. Chairman.
916
+ And I want to try to get as many questions in as I can in a
917
+ brief amount of time.
918
+ Let us start with corruption. Does Afghanistan still have
919
+ serious issues with corruption?
920
+ Mr. Sopko. Yes.
921
+ Mr. Comer. Does this corruption threaten U.S. construction
922
+ efforts--reconstruction efforts?
923
+ Mr. Sopko. Yes. Yes.
924
+ Mr. Comer. Congress directed you to evaluate the Afghan
925
+ anti-corruption strategy. Was this strategy sufficient?
926
+ Mr. Sopko. No.
927
+ Mr. Comer. Your report also says that current oversight
928
+ mechanisms are inadequate. How much U.S. money has already
929
+ spent on Afghan reconstruction?
930
+ Mr. Sopko. The total amount on reconstruction is $143.27
931
+ billion.
932
+ Mr. Comer. Do we know for certain that all the money of
933
+ that $143 billion actually made it to where it was intended to
934
+ go in Afghanistan?
935
+ Mr. Sopko. Oh, we know quite a bit of it didn't end up
936
+ there. We actually did a report for a number of Congressmen,
937
+ including Congressman Welch, who asked us to look at how much
938
+ was wasted, stolen, and whatever, and I think we reported back
939
+ in July 2018 just looking at what we looked at, and that was
940
+ about one-third of the money that we looked at that our agency
941
+ did was wasted, stolen, or didn't accomplish anything.
942
+ Mr. Comer. Is it possible that some of this money made it
943
+ into terror groups?
944
+ Mr. Sopko. Of course. Yes, of course.
945
+ Mr. Comer. What about the illicit drug trade?
946
+ Mr. Sopko. Oh, that supports the Taliban and supports
947
+ corruption. That is what I said. Corruption and narcotics is
948
+ the oxygen that keeps the terrorist groups alive in
949
+ Afghanistan, and many Taliban are working in the narcotics
950
+ fields.
951
+ Mr. Comer. So, do you share my concern that U.S. taxpayer
952
+ dollars are fronting billions of dollars to a corrupt country
953
+ with no truly effective means of tracking it?
954
+ Mr. Sopko. Yes, we are very concerned about that, and if
955
+ you continue, that is why we say one of the risks is oversight.
956
+ You got to have some oversight. Otherwise, you may as well just
957
+ burn the money in Massoud Circle.
958
+ Mr. Comer. Well, I understand the difficulty of tracking
959
+ money in a foreign country. The purpose of this committee, the
960
+ Oversight Committee, is to ensure that taxpayer funds are spent
961
+ efficiently and effectively.
962
+ To do this, we have to know where the money is going. I
963
+ appreciate your work on the issue. But just for the record, and
964
+ I have said this each of the four years I have been in
965
+ Congress, I really don't see a viable long-term strategy for
966
+ the United States in Afghanistan and I strongly support
967
+ withdrawing the troops.
968
+ And I understand the problems that that country is going to
969
+ have when the--when troops are gone. But, you know, the
970
+ American taxpayers don't want to spend any more money in
971
+ Afghanistan. This has been the sentiment from a majority of my
972
+ constituents and I think a majority of Americans for many,
973
+ many, many years now.
974
+ But I appreciate your work. Look forward to working with
975
+ you in the future, and please let us know what we can do on
976
+ this committee to be of assistance to you in tracking our U.S.
977
+ taxpayer dollars.
978
+ Mr. Sopko. Thank you.
979
+ Mr. Lynch. The gentleman yields.
980
+ The chair now recognizes the gentlewoman from Florida, Ms.
981
+ Wasserman Schultz, for five minutes.
982
+ Ms. Wasserman Schultz. Thank you, Mr. Chairman.
983
+ In addition to reports like the biennial High-Risk List and
984
+ the Lessons Learned program, SIGAR regularly sheds light on
985
+ areas where our reconstruction efforts in Afghanistan have,
986
+ unfortunately, come up short.
987
+ For instance, Mr. Sopko, in September 2019, Chairman Lynch
988
+ asked you to review facilities in Afghanistan that were
989
+ constructed or financed by American taxpayers. Earlier this
990
+ month, you released the final results of that review and you
991
+ reported that billions of dollars that Congress had
992
+ appropriated for reconstruction programs in Afghanistan went to
993
+ facilities that have been underutilized and, in some cases,
994
+ went completely unused or have deteriorated beyond repair.
995
+ For example, during followup inspections, SIGAR found that
996
+ vehicle scanners at two border crossing points, purchased by
997
+ DOD for $2.8 million, was sitting unused. One scanner was,
998
+ quote, ``riddled with bullet holes'' and a rocket had rendered
999
+ it inoperable.
1000
+ According to Afghan government officials, no one has been
1001
+ made responsible for fixing the scanners or even knew how to do
1002
+ that.
1003
+ Mr. Sopko, as a senior member of the House Appropriations
1004
+ Committee, these reports of wasteful spending cause me great
1005
+ concern, and we have several other members on Appropriations on
1006
+ this--on this committee.
1007
+ Can you provide some other examples of assets that SIGAR
1008
+ recently inspected that have gone unused or underutilized?
1009
+ Mr. Sopko. Well, I mean, one example is I believe we
1010
+ identified a number of dormitories for Afghan female soldiers
1011
+ or police that are empty, basically, because the Afghan
1012
+ government has not recruited nor are they interested in
1013
+ recruiting the women.
1014
+ One example which I highlighted just less than a month ago
1015
+ was that we gave money-counting machines and bought them for
1016
+ the Afghan Ministry of Interior to put at the Karzai
1017
+ International Airport to count money, and they still haven't
1018
+ even been plugged in.
1019
+ So this is years ago. This is the second time we reported
1020
+ on it. So, we do no checking of cash going--we, I mean, the
1021
+ Afghan government doesn't at the VIP and VVIP lounges at the
1022
+ airport.
1023
+ So, there are a number of examples like that, ma'am, that
1024
+ just stuff is not being used.
1025
+ Ms. Wasserman Schultz. OK. Well, that is pretty troubling,
1026
+ and your report indicates that the most common reason these
1027
+ facilities and assets were not used or maintained was that the
1028
+ beneficiary, quote, ``lacked the resources or capabilities to
1029
+ do so.''
1030
+ What does that tell you about the reconstruction projects
1031
+ the U.S. Government has funded and then turned over to the
1032
+ Afghan government?
1033
+ Does it suggest that U.S. agencies didn't plan
1034
+ appropriately for what the Afghan government needed or could
1035
+ effectively use? And what can Congress do to help ensure that
1036
+ any future funding appropriated for reconstruction projects is
1037
+ spent efficiently and effectively?
1038
+ Mr. Sopko. I think you hit it on the nail. We are the
1039
+ problem in those situations because we don't require our
1040
+ agencies to look at sustainability.
1041
+ You know, this is something we also raised--I think I
1042
+ raised within a year of coming on the job about a decade ago,
1043
+ that we should require, before any capital asset is provided,
1044
+ that the Afghan government even knows it, wants it, says they
1045
+ will use it, and they have the resources to keep using it. And
1046
+ those are the types of things we need to push and I think
1047
+ Congress needs to push.
1048
+ And not just in Afghanistan. I would think the problem we
1049
+ have identified is a problem worldwide, and if we want to get a
1050
+ bigger bang for development budget we should require that
1051
+ outside of Afghanistan, too.
1052
+ Ms. Wasserman Schultz. Mr. Chairman, it feels like we are
1053
+ lighting money on fire. This is the classic definition of
1054
+ insanity.
1055
+ We are appropriating funds for things that no one is
1056
+ checking to see whether the Afghan government will actually
1057
+ need or use them, has the ability to sustain them, or maintain
1058
+ their upkeep, and, like, it just feels like a black hole.
1059
+ And I appreciate the opportunity to ask this question
1060
+ because that is what the Oversight Committee is for. Hopefully,
1061
+ we are going to be able to see our colleagues, and I can
1062
+ certainly followup as an appropriator, to make sure that we
1063
+ don't continue this vicious cycle of appropriating funds for
1064
+ things that go unused or break and are never fixed, or never
1065
+ wanted.
1066
+ So, I appreciate the opportunity to ask those questions and
1067
+ really, Mr. Sopko, thanks to--thanks to you and your staff for
1068
+ doing the important work you are doing.
1069
+ I yield.
1070
+ Mr. Sopko. Congresswoman, could I just add one thing that
1071
+ you may be interested in and the appropriators should?
1072
+ Mr. Lynch. Very briefly. Very briefly. Very briefly.
1073
+ Mr. Sopko. I know, right. It is a problem with me. I talk
1074
+ too much. We are releasing a Lessons Learned report in another
1075
+ two months on monitoring and evaluation and what lessons have
1076
+ we learned, and I think you, as an appropriator, and, I think,
1077
+ authorizers would be very interested when that report comes
1078
+ out. We are happy to brief you when that report comes out.
1079
+ Ms. Wasserman Schultz. Thank you. I look forward to that.
1080
+ Thank you so much, Mr. Chairman. I yield back.
1081
+ Mr. Lynch. The gentlelady yields, and we do appreciate the
1082
+ direction and the spirit of your questions. And I think that
1083
+ the new administration, as did the previous administration,
1084
+ struggles with that, that whole problem.
1085
+ So, that is the heart of this hearing.
1086
+ The chair now recognizes the gentlelady from California,
1087
+ Ms. Speier, for five minutes.
1088
+ Ms. Speier. Thank you, Mr. Chairman.
1089
+ Inspector General Sopko, once again, I would just like to
1090
+ sing your praises. You have been, really, an important voice
1091
+ for us to evaluate how our money is being spent and how it has
1092
+ been spent poorly.
1093
+ Let me ask you a couple of questions on the outset. You
1094
+ said there are 18,000 contractors from the United States in
1095
+ Afghanistan, correct?
1096
+ Mr. Sopko. Well, 18,000 defense contractors. Only about
1097
+ 7,000--excuse me, 13,000 are U.S.
1098
+ Ms. Speier. Thirteen thousand are U.S.?
1099
+ Mr. Sopko. Yes, ma'am.
1100
+ Ms. Speier. And is it your expectation that if our service
1101
+ members leave, we are still going to have 13,000 contractors
1102
+ there?
1103
+ Mr. Sopko. Pursuant to the agreement, as far as we know,
1104
+ they have to leave on May 1 also. So, the only ones left would
1105
+ be Afghan nationals. So, the 13,000 U.S. would leave as well as
1106
+ the--I am sorry, 6,000 U.S. and 7,000 third-country nationals,
1107
+ so 13,000 total.
1108
+ Ms. Speier. My concern is, in the end, we may be funding
1109
+ contractors in Afghanistan once we take our troops out. But
1110
+ that is probably a separate question.
1111
+ Your report talks about the fact that we have spent about
1112
+ $800 million on women and girls in 18 years. There are a third
1113
+ of the girls now in school in Afghanistan, which wasn't the
1114
+ case before.
1115
+ There are 86 women in parliament. Ten thousand women are
1116
+ now doctors, medical professionals. The midwives have gone from
1117
+ 400 to 4,000, so now 60 percent of the women in Afghanistan
1118
+ have a medical professional present when they deliver.
1119
+ But I fear that all of that is going to come to an end. A
1120
+ letter we just received from the Afghan women suggests that the
1121
+ Taliban has increased threats against NGO's, informing them in
1122
+ writing that no program can be run in which it involves women
1123
+ leaving the home.
1124
+ The Taliban has also required the removal of community
1125
+ development councils to which people's views and needs are
1126
+ represented.
1127
+ As a result of direct threats and attacks on those working
1128
+ in girls' education, hundreds of schools have been closed.
1129
+ Since the signing of the agreement in February 2020, civic
1130
+ leaders and their families have been targeted and murdered. Two
1131
+ women judges were killed on the way to work.
1132
+ So, it sounds like no matter what happens, women and girls
1133
+ are at grave risk. Can you speak more about that, please?
1134
+ Mr. Sopko. Of course.
1135
+ The issues and the numbers you raise are scary and it kind
1136
+ of tells you a little bit about the country we are in. Despite
1137
+ everything we have done, it is one of the worst places to be a
1138
+ woman in Afghanistan, particularly a rural--living in a rural
1139
+ environment.
1140
+ It is only in the cities where we have seen some real good
1141
+ improvement and we--and the Taliban have not indicated much
1142
+ that makes you feel comfortable that if they are in the
1143
+ government they are going to support women and girls.
1144
+ But the one thing to keep in mind is even the Afghan
1145
+ government, the current Afghan government, hasn't really done a
1146
+ lot. I mean, there just was an announcement--I don't know if
1147
+ you saw it, ma'am--that the Ministry of Education banned Afghan
1148
+ girls singing the national anthem with Afghan boys. No
1149
+ explanation. That came out of the blue. But that sort of tells
1150
+ you about a cultural divide between the views of many Afghans,
1151
+ including Afghans in the government.
1152
+ Ms. Speier. You know, for the longest time, Walter Jones
1153
+ was the only Republican that wanted to see us out of
1154
+ Afghanistan. But it is interesting to see Ranking Member Comer
1155
+ speak about the importance of getting out.
1156
+ I, obviously, have been interested in seeing us leave
1157
+ Afghanistan, but I have also come to believe that if we don't
1158
+ have ears on the ground, al-Qaeda will be able to blossom.
1159
+ Blossom is the wrong word. Will be able to grow again and we
1160
+ will be at grave risk.
1161
+ So, I have come to believe we need some, you know, boots on
1162
+ the ground to just protect ourselves and that that requires
1163
+ committing some money to Afghanistan. I am willing to do it.
1164
+ Would you comment on that and what your take is on what
1165
+ happens to us, in 28 seconds?
1166
+ Mr. Sopko. If there are no boots on the ground, we lose a
1167
+ leverage for all of these issues--women, girls, and all that.
1168
+ And if there is no oversight, you can just forget about any of
1169
+ that money that we appropriate for women and girls ending up
1170
+ helping women and girls. I agree totally with you, ma'am. We
1171
+ need it.
1172
+ Ms. Speier. My time has expired. I yield back.
1173
+ Mr. Lynch. The gentlewoman yields.
1174
+ The chair now recognizes the gentleman from Georgia. Mr.
1175
+ Johnson, for five minutes.
1176
+ Mr. Johnson of Georgia. Thank you, Mr. Chairman. And, Mr.
1177
+ Sopko, thank you for being here today to speak about your
1178
+ report and the role that the United States must play in the
1179
+ reconstruction of Afghanistan.
1180
+ Though our goal is to remove U.S. civilian and military
1181
+ presence from Afghanistan, I do agree with Congresswoman Jackie
1182
+ Speier. I have evolved on that issue, and we cannot create a
1183
+ vacuum of power in the wake of our absence that would
1184
+ destabilize the region and our rebuilding efforts.
1185
+ This committee will play a crucial role in ensuring that
1186
+ U.S. tax dollars overseas, which currently number at more than
1187
+ a billion dollars, are being used effectively to assist in the
1188
+ pathway to democracy, a task that will be more difficult
1189
+ without a present on the ground.
1190
+ Mr. Sopko, in your 2021 High-Risk List, you write, quote,
1191
+ ``A reduced U.S. civilian and military presence in Afghanistan,
1192
+ amid a deteriorating security environment, could create new
1193
+ challenges for conducting effective oversight of U.S.-funded
1194
+ programs, grants, and contracts for reconstruction work,'' end
1195
+ quote.
1196
+ Sir, can you briefly describe the role that the U.S.
1197
+ military plays in overseeing reconstruction work in
1198
+ Afghanistan, and also, how has COVID-19 created barriers to the
1199
+ performance of this important work?
1200
+ Mr. Sopko. The U.S. military delivers. Now, when we talk
1201
+ about reconstruction, it is not just building roads and paying
1202
+ for clinics and education. We are talking about the training
1203
+ and supporting the Afghan military and police.
1204
+ So, the military role there is important in doing the
1205
+ training and advising and then helping the Afghans actually use
1206
+ the weapons and use the material we give them. So, they play an
1207
+ important role.
1208
+ COVID has been detrimental to that because we don't want
1209
+ our soldiers to get hurt with COVID and a lot of them have come
1210
+ down. So, that has limited their capability getting out.
1211
+ Likewise, it has limited our ability, being SIGAR, as well
1212
+ as state and AID employees from getting out. So, COVID has been
1213
+ very detrimental, and also detrimental to the Afghan economy.
1214
+ Mr. Johnson of Georgia. Thank you.
1215
+ What partnerships in the region do we have that will play
1216
+ key roles in assisting our continued oversight of
1217
+ reconstruction if all U.S. troops should be withdrawn from
1218
+ Afghanistan, and how could we conduct oversight if the
1219
+ remaining troops currently on the ground are withdrawn?
1220
+ Mr. Sopko. It would be very difficult to keep conducting
1221
+ oversight although, you know, we can do it, we being the U.S.
1222
+ Government, if we have the support of security officials at the
1223
+ State Department regional security office.
1224
+ When you asked the question about regional governments
1225
+ helping us to do oversight, I would personally say none of them
1226
+ can help us. I don't think we want an Iranian inspector
1227
+ inspecting to see whether our funds are being performed, or a
1228
+ Pakistani inspector and definitely not a Russian inspector, or
1229
+ Chinese.
1230
+ So, if we can't--I, personally, as an inspector general
1231
+ would not recommend turning over our oversight function to
1232
+ either the Russians, the Iranians, the Pakistanis, or the
1233
+ Chinese.
1234
+ Mr. Johnson of Georgia. Yes. How are you planning to carry
1235
+ out your oversight responsibilities if U.S. forces do,
1236
+ ultimately, leave Afghanistan as planned on May 1?
1237
+ Mr. Sopko. It is going to be extremely difficult. We have
1238
+ reached out and have in the past utilized certain
1239
+ technologies--drone satellite technology. That helps a bit.
1240
+ We have also had a very strong relationship and done a lot
1241
+ of training with some Afghan civil society organizations, and
1242
+ they help us get out to places we are not permitted to go to.
1243
+ But we would probably continue doing that, but we would be
1244
+ seeking your help and the help of Congress to get additional
1245
+ security funding and security support from the U.S. State
1246
+ Department, which has regional security officers to help us if
1247
+ we need to get out.
1248
+ You need to get out there and kick the boots--get boots on
1249
+ the ground and kick the tires, and it is extremely difficult.
1250
+ The best we got is some Afghan civil society organizations we
1251
+ have trained and we monitor who have done that for us.
1252
+ Mr. Johnson of Georgia. Thank you. My time has expired and
1253
+ I yield back.
1254
+ Mr. Lynch. I thank the gentleman. The gentleman yields
1255
+ back.
1256
+ First of all, I want to thank all the members who
1257
+ participated in today's hearing. I realize that today is the
1258
+ travel day for Congress. That was not the case when we
1259
+ originally scheduled this hearing.
1260
+ I want to give great credit to Inspector General Sopko for
1261
+ his work and for the work of his staff. We really do appreciate
1262
+ you and the way you have handled this under very, very
1263
+ difficult circumstances.
1264
+ So, in closing, I want to thank our panelist.
1265
+ Mr. Grothman. I would like to say something.
1266
+ Mr. Lynch. It is a travel day so we are all running for
1267
+ flights.
1268
+ Mr. Grothman, if I go back to you, I am going to have to go
1269
+ back to every other member. You know what I mean?
1270
+ So, I want to thank our panelists for their remarks. I want
1271
+ to commend my colleagues for participating in this important
1272
+ conversation.
1273
+ Mr. Grothman. I am going to object.
1274
+ Mr. Lynch. Without objection, all members will have five
1275
+ legislative days within which to submit additional questions
1276
+ for the witnesses to the chair, which will be forwarded to the
1277
+ witnesses for their response, and I ask our witness to please
1278
+ respond as promptly as you are able.
1279
+ This hearing is adjourned and, again, I thank the gentleman
1280
+ for his attendance and for all his incredibly hard work. Thank
1281
+ you.
1282
+ This hearing is now adjourned.
1283
+ Mr. Grothman. Congressman Lynch?
1284
+ Mr. Lynch. Yes?
1285
+ Mr. Grothman. Can I just say something to you?
1286
+ Mr. Lynch. Oh, sure.
1287
+ Mr. Grothman. I was cutting you off.
1288
+ I didn't say--I did want to say something that was relative
1289
+ important and the reason I want to say it is I do believe that
1290
+ if the Biden administration stays, I will not be critical of
1291
+ them.
1292
+ OK. I certainly understand we have an obligation to our
1293
+ allies. We have an obligation to our friends in the Afghan
1294
+ government, and we don't want to strengthen our opponents.
1295
+ And I think it is an important thing for me to say. I wish
1296
+ I could have said it when the other people were listening
1297
+ because they think some Republicans were--you know, kind of
1298
+ trying to put Biden in a box there. But I wanted to make clear,
1299
+ as the ranking member of the subcommittee, that that was my
1300
+ opinion.
1301
+ Mr. Lynch. And I appreciate--I appreciate the spirit in
1302
+ which the gentleman makes those remarks and they are welcome.
1303
+ They are welcome, and I think the gentleman fully understands
1304
+ the difficulty of the administration. And we certainly
1305
+ appreciate the courtesy and the spirit in which the gentleman
1306
+ states his position.
1307
+ Thank you.
1308
+ [Whereupon, at 12:17 p.m., the subcommittee was adjourned.]
1309
+
1310
+ <all>
1311
+ </pre></body></html>
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1
+ <html>
2
+ <title> - ROOTING OUT FRAUD IN SMALL-BUSINESS RELIEF PROGRAMS</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+ ROOTING OUT FRAUD IN
9
+ SMALL-BUSINESS RELIEF PROGRAMS
10
+
11
+ =======================================================================
12
+
13
+ HEARING
14
+
15
+ BEFORE THE
16
+
17
+ SELECT SUBCOMMITTEE ON THE CORONAVIRUS CRISIS
18
+
19
+ OF THE
20
+
21
+ COMMITTEE ON OVERSIGHT AND REFORM
22
+
23
+ HOUSE OF REPRESENTATIVES
24
+
25
+ ONE HUNDRED SEVENTEENTH CONGRESS
26
+
27
+ FIRST SESSION
28
+
29
+ __________
30
+
31
+ MARCH 25, 2021
32
+
33
+ __________
34
+
35
+ Serial No. 117-12
36
+
37
+ __________
38
+
39
+ Printed for the use of the Committee on Oversight and Reform
40
+
41
+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
42
+
43
+
44
+ Available on: www.govinfo.gov,
45
+ oversight.house.gov or
46
+ docs.house.gov
47
+
48
+ __________
49
+
50
+
51
+ U.S. GOVERNMENT PUBLISHING OFFICE
52
+ 43-986 PDF WASHINGTON : 2021
53
+
54
+ --------------------------------------------------------------------------------------
55
+
56
+
57
+
58
+ COMMITTEE ON OVERSIGHT AND REFORM
59
+
60
+ CAROLYN B. MALONEY, New York, Chairwoman
61
+
62
+ Eleanor Holmes Norton, District of James Comer, Kentucky, Ranking
63
+ Columbia Minority Member
64
+ Stephen F. Lynch, Massachusetts Jim Jordan, Ohio
65
+ Jim Cooper, Tennessee Paul A. Gosar, Arizona
66
+ Gerald E. Connolly, Virginia Virginia Foxx, North Carolina
67
+ Raja Krishnamoorthi, Illinois Jody B. Hice, Georgia
68
+ Jamie Raskin, Maryland Glenn Grothman, Wisconsin
69
+ Ro Khanna, California Michael Cloud, Texas
70
+ Kweisi Mfume, Maryland Bob Gibbs, Ohio
71
+ Alexandria Ocasio-Cortez, New York Clay Higgins, Louisiana
72
+ Rashida Tlaib, Michigan Ralph Norman, South Carolina
73
+ Katie Porter, California Pete Sessions, Texas
74
+ Cori Bush, Missouri Fred Keller, Pennsylvania
75
+ Danny K. Davis, Illinois Andy Biggs, Arizona
76
+ Debbie Wasserman Schultz, Florida Andrew Clyde, Georgia
77
+ Peter Welch, Vermont Nancy Mace, South Carolina
78
+ Henry C. ``Hank'' Johnson, Jr., Scott Franklin, Florida
79
+ Georgia Jake LaTurner, Kansas
80
+ John P. Sarbanes, Maryland Pat Fallon, Texas
81
+ Jackie Speier, California Yvette Herrell, New Mexico
82
+ Robin L. Kelly, Illinois Byron Donalds, Florida
83
+ Brenda L. Lawrence, Michigan
84
+ Mark DeSaulnier, California
85
+ Jimmy Gomez, California
86
+ Ayanna Pressley, Massachusetts
87
+ Vacancy
88
+
89
+ David Hickton, Select Committee Staff Director
90
+ Russell Anello, Chief Counsel
91
+ Senam Okpattah, Deputy Chief Clerk
92
+
93
+ Contact Number: 202-225-5051
94
+
95
+ Mark Marin, Minority Staff Director
96
+
97
+ Select Subcommittee On The Coronavirus Crisis
98
+
99
+ James E. Clyburn, South Carolina, Chairman
100
+ Maxine Waters, California Steve Scalise, Louisiana, Ranking
101
+ Carolyn B. Maloney, New York Minority Member
102
+ Nydia M. Velazquez, New York Jim Jordan, Ohio
103
+ Bill Foster, Illinois Mark E. Green, Tennessee
104
+ Jamie Raskin, Maryland Nicole Malliotakis, New York
105
+ Raja Krishnamoorthi, Illinois Mariannette Miller-Meeks, Iowa
106
+
107
+
108
+ C O N T E N T S
109
+
110
+ ----------
111
+ Page
112
+ Hearing held on March 25, 2021................................... 1
113
+
114
+ Witnesses
115
+
116
+ The Honorable Hannibal ``Mike'' Ware, Inspector General, Small
117
+ Business Administration
118
+ Oral Statement................................................... 4
119
+
120
+ The Honorable Michael E. Horowitz, Chair, Pandemic Response
121
+ Accountability Committee, Inspector General, Department of
122
+ Justice
123
+ Oral Statement................................................... 6
124
+
125
+ William B. Shear, PhD, Director, Financial Markets and Community
126
+ Investment, Government Accountability Office
127
+ Oral Statement................................................... 8
128
+
129
+ Written opening statements and the written statements of the
130
+ witnesses are available on the U.S. House of Representatives
131
+ Document Repository at: docs.house.gov.
132
+
133
+ Index of Documents
134
+
135
+ No additional documents were entered into the record during this
136
+ hearing.
137
+
138
+
139
+ ROOTING OUT FRAUD IN
140
+ SMALL-BUSINESS RELIEF PROGRAMS
141
+
142
+ ----------
143
+
144
+
145
+ Thursday, March 25, 2021
146
+
147
+ House of Representatives
148
+ Select Subcommittee on the Coronavirus Crisis
149
+ Committee on Oversight and Reform
150
+ Washington, D.C.
151
+
152
+ The subcommittee met, pursuant to notice, at 2:05 p.m., via
153
+ WebEx, Hon. James E. Clyburn (chairman of the subcommittee)
154
+ presiding.
155
+ Present: Representatives Clyburn, Waters, Maloney, Foster,
156
+ Raskin, Krishnamoorthi, Jordan, Green, and Miller-Meeks.
157
+ Chairman Clyburn. Good morning. The committee will come to
158
+ order.
159
+ Without objection, the chair is authorized to declare a
160
+ recess of the committee at any time.
161
+ I now recognize myself for an opening statement.
162
+ The Paycheck Protection Program, or PPP, and the Economic
163
+ Injury Disaster Loan Program, or EIDL, have been essential
164
+ lifelines for millions of small businesses harmed by the
165
+ coronavirus pandemic. More than $1 trillion has been disbursed
166
+ by these programs, with good reason given the scale of the
167
+ crisis. With so many tax dollars expended, it is vital that we
168
+ ensure that the money is being used for its intended purposes
169
+ and not diverted to fraud.
170
+ Unfortunately, the Trump administration failed to take
171
+ basic steps to prevent fraud when it implemented these programs
172
+ last year. Thanks to the work of this committee and our
173
+ oversight partners, we now know that this failure led to nearly
174
+ $84 billion in potential fraud, including $79 billion in
175
+ potentially fraudulent EIDL loans and grants and $4.6 billion
176
+ in PPP loans. That means billions in taxpayer dollars may not
177
+ have reached the small businesses that most urgently needed
178
+ support.
179
+ Last October, the SBA Inspector General found that the
180
+ Trump administration--I'm quoting him here--``lowered the
181
+ guardrails'' by removing or weakening controls in the EIDL
182
+ Program. Specifically, the administration ignored flags of
183
+ potential fraud, approved loans in batches with little to no
184
+ vetting, and abandoned a rule that required two SBA employees
185
+ to approve each loan application. According to the IG, these
186
+ actions increased fraud risk significantly.
187
+ In a staff report last year, this committee identified more
188
+ than 22,500 PPP loans worth $4 billion that may have been
189
+ subject to fraud. The SBA Inspector General has since found at
190
+ least $4.6 billion in potentially fraudulent loans because the
191
+ Trump administration refused to implement internal controls
192
+ that--and I quote here again--``could have reduced the
193
+ likelihood of an ineligible or fraudulent business obtaining a
194
+ PPP loan,'' end of quote.
195
+ As a result of the lack of controls, the Inspector General
196
+ uncovered tens of thousands of PPP loans that exceeded the
197
+ maximum loan amount that had been approved to businesses
198
+ registered under the program cutoff date or were mailed to
199
+ businesses that exceeded the program's size standards.
200
+ Earlier this year, GAO added PPP and EIDL to its High Risk
201
+ List, citing the failure to implement adequate controls or make
202
+ recommended improvements.
203
+ Former Treasury Secretary Steven Mnuchin asserted last year
204
+ that, given the need to get relief money out quickly, it was
205
+ inevitable that the programs ran into a lot of issues. Let me
206
+ be clear: That is a false choice. Americans should not have to,
207
+ and did not have to, choose between quickly getting aid during
208
+ a crisis and preventing the theft or waste of billions of tax
209
+ dollars.
210
+ While disbursing PPP and EIDL funds quickly was rightly
211
+ prioritized during the crisis, this committee and the oversight
212
+ bodies before us today all outline simple steps that the prior
213
+ administration could've taken to prevent oversight--or to
214
+ provide oversight and prevent fraud without causing harmful
215
+ delays.
216
+ The Trump administration not only ignored these
217
+ recommendations, but it resisted legitimate oversight by
218
+ removing and bullying Inspectors General and withholding basic
219
+ information from Congress. As The Washington Post reported
220
+ earlier this week, we now know that this was a widespread
221
+ problem in the prior administration. Today, we face the
222
+ challenge of fixing the resulting damage.
223
+ Our committee released a staff memo this morning showing
224
+ just how vast a challenge this is. The SBA has referred a
225
+ staggering 1,340,000 claims of potential fraud concerning EIDL
226
+ loans and advances to the agency's Inspector General. The SBA
227
+ Inspector General has received another 148,000 complaints on
228
+ its fraud hotline. The Inspector General already has more than
229
+ 200 open investigations related to PPP and EIDL.
230
+ And it is not just a single inspector general playing a
231
+ role. Given the scope of the problem, 32 Federal and state
232
+ agencies have been pulled into investigations involving the
233
+ small-business relief programs.
234
+ Fortunately, the Biden-Harris administration is taking the
235
+ risk of fraud seriously and investing in oversight. President
236
+ Biden has called for, in his words, fastidious oversight of
237
+ pandemic relief funds and charged his administration to--and I
238
+ quote him here--``make sure the relief arrives quickly,
239
+ equitably, and efficiently, with no waste or fraud,'' end of
240
+ quote.
241
+ The American Rescue Plan will further enhance transparency
242
+ and accountability by investing $142 million to support
243
+ critical oversight by the Pandemic Response Accountability
244
+ Committee, or PRAC, the inspector general community, and the
245
+ Government Accountability Office.
246
+ Today, I am pleased to welcome distinguished
247
+ representatives of these watchdogs who are appearing before the
248
+ select subcommittee. With us this afternoon is Hannibal
249
+ ``Mike'' Ware, the SBA Inspector General; Michael Horowitz, the
250
+ Inspector General for the Department of Justice and Chair of
251
+ the PRAC; and William Shear, the Director of Financial Markets
252
+ and Community Investment at GAO.
253
+ I'm also pleased to welcome the select subcommittee's
254
+ newest member, Mrs. Miller-Meeks.
255
+ I look forward to hearing how our panelists plan to use the
256
+ funds provided in the American Rescue Act to combat fraud in
257
+ small-business relief programs and how we can continue to work
258
+ together to ensure that our Nation's response to the pandemic
259
+ is effective, efficient, and equitable.
260
+ In the ranking member's absence, I now yield to Mr. Jordan
261
+ for any public opening statement he may wish to make.
262
+ Mr. Jordan.
263
+ Mr. Jordan. Thank you, Mr. Chairman. Thanks to you and to
264
+ our witnesses for appearing virtually today.
265
+ [Inaudible] we continue to hold only virtual hearings in
266
+ this subcommittee, even though four members of the majority
267
+ celebrated the $1.9 trillion spending bill in person at the
268
+ White House just two weeks ago.
269
+ I want to also welcome our new Republican member to the
270
+ select committee, Representative Mariannette Miller-Meeks from
271
+ the great state of Iowa. We appreciate Mrs. Meeks' hard work on
272
+ behalf of her constituents, especially as Speaker Pelosi and
273
+ the Democrats are currently challenging Dr. Miller-Meeks'
274
+ election.
275
+ Mrs. Miller-Meeks won the general, she won the recount, and
276
+ the state of Iowa certified her results, but her opponent
277
+ skipped the courts and ran straight to the Speaker and
278
+ congressional Democrats to try to overturn the will of the
279
+ people in the state of Iowa. It's wrong, what they're doing.
280
+ It's a dangerous game that the Democrats are playing with this
281
+ election.
282
+ Adding Dr. Miller-Meeks, we now have our second medical
283
+ doctor on the select subcommittee, which I think is a good
284
+ thing.
285
+ Today we're here to talk about fraud. Anyone that commits
286
+ fraud and steals taxpayer dollars from hardworking Americans
287
+ should be punished to the fullest extent of the law, and the
288
+ money should be recouped for the taxpayers.
289
+ The Trump administration harnessed the full force of the
290
+ Federal Government to find and prosecute fraud, particularly in
291
+ the PPP program. In fact, the Trump Department of Justice stood
292
+ up a PPP fraud task force, which brought us its first fraud
293
+ case within one month of the program starting. This enforcement
294
+ pace is unmatched in the history of the Department's white-
295
+ collar prosecution efforts.
296
+ So far, the FBI has opened 537 fraud cases, arrested 111
297
+ people, and began the process of recouping millions of stolen
298
+ dollars. This is good. This is how the justice system is
299
+ supposed to work.
300
+ The Democrats will claim that the PPP program is rife with
301
+ fraud, when, in fact, it is just the opposite. Using the
302
+ Democrats' own statistics, over 99 percent of PPP money got to
303
+ the correct recipient and has been used appropriately. This is
304
+ a better rate than the private insurance--or, excuse me,
305
+ private mortgage market.
306
+ The Democrats will also ignore the massive successes of the
307
+ program. PPP supported 51 million jobs, over 80 percent of
308
+ America's small businesses, and saved almost 19 million jobs
309
+ from permanent loss. That is truly unprecedented.
310
+ Of course, it can't go on forever. It's time to reopen our
311
+ states, even the blue states. We must get people back to work
312
+ and get kids back to school. Just this week, the Federal
313
+ Reserve Board Governor in charge of community banking said the
314
+ economy must reopen and lockdowns must be lifted.
315
+ Florida reopened and was vilified. New York and Governor
316
+ Cuomo shut down and were praised. The facts are clear now,
317
+ though: Florida is successful, and Governor Cuomo is under
318
+ criminal investigation. Florida protected seniors, while
319
+ Governor Cuomo sent the virus to seniors. Florida's death rate
320
+ among seniors is 50 percent lower than that of the state of New
321
+ York's. Of course, instead of investigating Cuomo's actions,
322
+ Democrats rewarded him with a $13 billion bailout.
323
+ Contrary to the chairman's own statements, this
324
+ subcommittee remains focused on politics. It is past time we
325
+ hold in-person hearings on getting kids back to school, getting
326
+ vaccines to rural communities, on Cuomo's nursing-home
327
+ disaster, and the health crisis at our southern border.
328
+ Instead, this subcommittee is focused on attempting to tear
329
+ down a bipartisan program that kept the economy afloat during
330
+ the early and toughest days of the pandemic.
331
+ We all agree fraud is bad, but we should all agree that a
332
+ 99-percent success record is unprecedented, and we have
333
+ President Trump to thank for that.
334
+ Mr. Chairman, thank you, and I yield back and look forward
335
+ to hearing from our witnesses.
336
+ Chairman Clyburn. Thank you very much, Mr. Jordan.
337
+ The witnesses will now be unmuted so we can swear them in.
338
+ Please raise your right hands.
339
+ Do you swear or affirm that the testimony you are about to
340
+ give is the truth, the whole truth, and nothing but the truth,
341
+ so help you God?
342
+ Mr. Horowitz. I do.
343
+ Mr. Ware. I do.
344
+ Mr. Shear. I do.
345
+ Chairman Clyburn. Let the record show that the witnesses
346
+ answered in the affirmative.
347
+ Thank you. Without objection, your written statements will
348
+ be made part of the record.
349
+ With that, Mr. Ware, you are now recognized to provide your
350
+ testimony.
351
+
352
+ STATEMENT OF THE HON. HANNIBAL ``MIKE'' WARE, INSPECTOR
353
+ GENERAL, SMALL BUSINESS ADMINISTRATION
354
+
355
+ Mr. Ware. Thank you very much.
356
+ Chairman Clyburn, Ranking Member Scalise, and distinguished
357
+ members of the subcommittee, thank you for inviting me to speak
358
+ with you today and for your continued support of my office.
359
+ I come before you today in the midst of a historic
360
+ challenge to the Nation, a challenge for which the SBA has a
361
+ pivotal and unprecedented role in stabilizing the U.S. economy.
362
+ The men and women of my office have been working diligently to
363
+ provide oversight of SBA's pandemic response. I am always proud
364
+ to represent them publicly and to speak to you about our
365
+ important work. We share in the Nation's grief for those lost
366
+ to the pandemic and are keenly aware that nothing short of the
367
+ public's trust is at stake in our oversight efforts.
368
+ SBA is managing over a trillion dollars in lending
369
+ authority through the PPP and the EIDL programs, with the most
370
+ recent tranche of lending authority being contained within the
371
+ American Rescue Plan Act. As with my office, the men and women
372
+ of SBA have been running at a sprinter's pace; however, the
373
+ race we are running has been more of a marathon. Nonetheless,
374
+ we have sought to have an aggressive and focused approach to
375
+ our oversight to ensure our work is properly calibrated and
376
+ relevant.
377
+ The Congress recognized that the oversight required of the
378
+ pandemic response was outsized for existing oversight resources
379
+ across government, to include my office, and we have received
380
+ three supplemental appropriations to increase our oversight
381
+ capacity.
382
+ Initially, we focused on the recruitment of a mix of
383
+ auditors, analysts, and criminal investigators to provide
384
+ immediate and timely insight into those programs.
385
+ In December, we received funding directed to oversight of
386
+ the EIDL Program that seeks to address the rampant fraud
387
+ identified by my office. These funds are being used to increase
388
+ our investigative staff and enhance our data analytics
389
+ capacity.
390
+ We received our most recent supplemental increase a couple
391
+ of weeks ago, and those funds will be used to further increase
392
+ our investigative capacity to combat fraud. Fraud
393
+ investigations will be a decade-long effort due to the
394
+ performance of these loans within SBA's portfolios and the
395
+ statute of limitations for fraud.
396
+ Our office will have approximately 40 percent more staff on
397
+ board after our hiring surges for EIDL and ARPA conclude than
398
+ we had before March 2020.
399
+ Even still, we recognized from the beginning that the level
400
+ of oversight required will take a whole-of-government approach.
401
+ We partnered with law enforcement entities across government
402
+ and joined multiple task forces to multiply our reach. Since
403
+ the outset of the pandemic response, our strategy has been to
404
+ prevent and deter fraud, waste, and abuse and to identify and
405
+ combat instances of the same.
406
+ The first step was the issuance of three reports sharing
407
+ risks and lessons learned from our past oversight work,
408
+ principally, that most closely related, which is of the
409
+ American Recovery and Reinvestment Act of 2009. These reports
410
+ as well as a fraud and scam alert were published before SBA
411
+ made the first PPP and EIDL loans.
412
+ Recognizing the speed at which lending was occurring in
413
+ both these programs, we developed innovative report products to
414
+ provide timely insight to our stakeholders. Our first flash
415
+ report was published just a little over 30 days of PPP's
416
+ implementation. Our next report would come out in July, which
417
+ found significant deficiencies in internal controls and rampant
418
+ fraud within the EIDL Program. We have issued 11 reports on
419
+ SBA's PPP and EIDL programs to date, with two more near
420
+ issuance.
421
+ While our audit work was ongoing, our criminal
422
+ investigators were aggressively pursuing fraud. On May 5, just
423
+ a little over a month after the first PPP loans, the first-in-
424
+ the-Nation fraud charges were announced against an individual
425
+ fraudulently seeking a PPP loan. We have since initiated over
426
+ 420 investigations, and, together with our law enforcement
427
+ partners, the Department of Justice has announced over 100
428
+ charges against individuals committing fraud against the PPP
429
+ and EIDL programs.
430
+ Now, if I may, I would like to clarify a number I mentioned
431
+ at a hearing yesterday before the Senate. Together with our law
432
+ enforcement partners and with SBA and with the financial
433
+ institutions, we have realized approximately $2.5 billion in
434
+ moneys being returned and seized that were associated with
435
+ fraud and suspicious activities.
436
+ We have received nearly 150,000 complaints on our hotline
437
+ since March of last year. This is over 150 years' worth of
438
+ complaints when compared to prior years. We have sought and
439
+ obtained assistance from the PRAC to catalogue complaints being
440
+ received outside of our online complaint submission system. As
441
+ we continue to address our processing backlog, we will employ
442
+ data analytics to further triage and guide these efforts.
443
+ I look forward to discussing our most recent published work
444
+ surrounding implementation of PPP and EIDL, but I must tell you
445
+ that data analytics has made a difference in our office's
446
+ ability to keep our stakeholders currently and fully informed
447
+ in a timely manner.
448
+ Thank you for the opportunity to speak to you today, and I
449
+ am happy to answer any questions you may have of me.
450
+ Chairman Clyburn. Thank you very much, Mr. Ware. That was
451
+ perfect timing.
452
+ The chair now recognizes Mr. Horowitz.
453
+
454
+ STATEMENT OF THE HON. MICHAEL E. HOROWITZ, PANDEMIC RESPONSE
455
+ ACCOUNTABILITY COMMITTEE, INSPECTOR GENERAL, DEPARTMENT OF
456
+ JUSTICE
457
+
458
+ Mr. Horowitz. Thank you, Chairman Clyburn, Ranking Member
459
+ Scalise, members of the subcommittee. Appreciate you inviting
460
+ me to testify at today's important hearing. And we appreciate
461
+ the strong, bipartisan support for our work from Congress.
462
+ The Pandemic Response Accountability Committee, or PRAC,
463
+ was created by Congress one year ago and is comprised of 22
464
+ Federal inspectors general working collaboratively to oversee
465
+ the more than $5 trillion in pandemic relief emergency
466
+ spending.
467
+ The PRAC's mission is to promote transparency and to work
468
+ with the IGs to ensure that taxpayer money is used effectively
469
+ and efficiently to address pandemic-related public health and
470
+ economic needs. Let me briefly highlight some of our
471
+ independent oversight work to date.
472
+ First, we've advanced transparency of the Federal
473
+ Government's pandemic-related spending through the launch of
474
+ our robust website, pandemicoversight.gov. The website makes
475
+ publicly available a wide range of spending data and is
476
+ currently the only place where certain spending data is
477
+ available to the public. The website also contains
478
+ accountability information, including information about OIG
479
+ audits, inspections, and investigations, as well as GAO
480
+ reports.
481
+ Second, we've issued crosscutting reports on issues that
482
+ transcend Federal agencies. For example, in February 2021, the
483
+ PRAC issued a ``Top Challenges in Pandemic Relief and
484
+ Response'' report highlighting management challenges facing
485
+ Federal agencies during the pandemic, and we recently issued a
486
+ report on COVID-19 testing.
487
+ Third, the PRAC has played an important role facilitating
488
+ coordination and collaboration among IGs and other oversight
489
+ partners, including GAO and state and local auditors.
490
+ Fourth, the PRAC is using the resources and tools Congress
491
+ gave us to enhance shared services across the IG community. For
492
+ example, we have, among other things, provided resources to
493
+ PRAC members to combat fraud in pandemic relief programs,
494
+ including with regard to the PPP and EIDL programs.
495
+ Fifth, the IG community is actively engaged in combating
496
+ fraud and criminal behavior. To date, the community has led or
497
+ participated in investigations leading to over 240 indictments
498
+ or complaints, 190 arrests, and 36 convictions. We're looking
499
+ to use all of the tools available to us--criminal prosecution,
500
+ civil enforcement, and suspension and debarment--to ensure that
501
+ those who engage in fraud and wrongdoing are held accountable.
502
+ Having highlighted some of our work to date, let me briefly
503
+ discuss some of the initiatives we have ongoing.
504
+ First, in order to fulfill the PRAC's mission, we need
505
+ better technological tools for IGs and our oversight partners,
506
+ including the use of advanced data analytics. To that end, the
507
+ PRAC is developing the Pandemic Analytics Center of Excellence,
508
+ or PACE, to conduct data analysis, to provide fraud-fighting
509
+ tools to the IG community, to enable the sharing of data
510
+ analytics and leading practices across our community, and to
511
+ broadly assist the IG community's audit and investigative work.
512
+ Second, the PRAC is continuing to develop crosscutting
513
+ oversight projects. We have three ongoing currently, and we're
514
+ developing more, and you will see more from us in the months
515
+ ahead.
516
+ Third, the PRAC has established a fraud task force to serve
517
+ as a deconfliction and coordination tool to assist IGs in their
518
+ investigative efforts, to serve as a coordinating body with the
519
+ Department of Justice and other law enforcement agencies, and
520
+ to allow IGs to tap into investigative resources from across
521
+ the IG community.
522
+ Fourth, we're working with OMB and Federal agencies to
523
+ address data gaps that we have identified and reported on.
524
+ Having necessary data is critical to advancing transparency and
525
+ accountability and to be able to assess programmatic impacts.
526
+ Fifth and finally, we're looking to use the Program Fraud
527
+ Civil Remedies Act, or PFCRA, to fight pandemic-related relief.
528
+ However, our ability to do so is limited and would be greatly
529
+ enhanced if certain amendments were made to PFCRA. We look
530
+ forward to working with Congress to enact those important
531
+ changes.
532
+ Thank you again for the strong, bipartisan support for our
533
+ work. I would be pleased to answer any questions the committee
534
+ may have.
535
+ Chairman Clyburn. Thank you very much, Mr. Horowitz. That's
536
+ even more perfect with your timing. Thank you very much.
537
+ The chair now recognizes Mr. Shear.
538
+ And let me see how perfect you can be.
539
+
540
+ STATEMENT OF WILLIAM B. SHEAR, DIRECTOR, FINANCIAL MARKETS AND
541
+ COMMUNITY INVESTMENT, GOVERNMENT ACCOUNTABILITY OFFICE
542
+
543
+ Mr. Shear. I'll try my best.
544
+ Chairman Clyburn, Ranking Member Scalise, and members of
545
+ the subcommittee, I am pleased to be here today to discuss our
546
+ work on SBA's PPP and EIDL programs.
547
+ SBA has made or guaranteed more than 17 million loans and
548
+ grants, providing about $910 billion to help small businesses
549
+ adversely affected by COVID-19. Over time, we have found the
550
+ following:
551
+ First, as far as PPP oversight, given the immediate need
552
+ for PPP loans, SBA implemented limited safeguards for approving
553
+ those loans. Because of ongoing oversight--because ongoing
554
+ oversight is crucial, we recommended in June 2020 that SBA
555
+ develop plans to assess PPP risk. SBA has since developed plans
556
+ to review PPP loans and has recently provided us detailed
557
+ information about its oversight process.
558
+ Second, analysis of EIDL data. We reported in January 2021
559
+ that SBA had provided about 5,000 advances totaling about $26
560
+ billion and approved at least 3,000 loans totaling about $156
561
+ million for potentially ineligible businesses. Therefore, we
562
+ recommended that SBA conduct portfolio-level analysis to detect
563
+ potentially ineligible applications.
564
+ Third, assessment of fraud risk. Although SBA has taken
565
+ some steps to mitigate fraud risk to PPP and EIDL, such as
566
+ conducting PPP loan reviews and implementing new EIDL controls,
567
+ the agency has not yet conducted a formal fraud risk assessment
568
+ for either program.
569
+ Suspicious activity reports. From April through October
570
+ 2020, financial institutions filed more than 21,000 suspicious
571
+ activity reports related to PPP. From May through October 2020,
572
+ financial institutions filed more than 20,000 such reports
573
+ related to EIDL.
574
+ Department of Justice charges. From May 2020 through
575
+ February 2021, the Department of Justice publicly announced
576
+ charges in over 100 fraud-related cases associated with PPP
577
+ loans and 30 fraud-related cases associated with EIDL loans.
578
+ I'll refer to, I'm glad to be here with SBA's Inspector
579
+ General. And I'll just say that, in October 2020, he reported
580
+ that there were strong indicators of widespread potential fraud
581
+ in the EIDL Program.
582
+ The financial statement audit. In December 2020, SBA's
583
+ independent financial statement auditor issued a disclaimer of
584
+ opinion on SBA's Fiscal Year 2020 consolidated financial
585
+ statements because SBA could not provide adequate documentation
586
+ to support a significant number of transactions and account
587
+ balances related to PPP and EIDL.
588
+ Since June 2020, we have reported on the potential for
589
+ fraud in both programs. Further, as we have reported multiple
590
+ times, SBA's failure to provide us with data and documentation
591
+ on PPP and EIDL in a timely manner has impeded efforts to
592
+ ensure transparency and accountability for the programs. This
593
+ includes delays in our obtaining key information from SBA, such
594
+ as detailed oversight plans and documentation for estimating
595
+ improper payments.
596
+ Results of SBA's most recent financial statement audit are
597
+ consistent with our findings. As a result, we included these
598
+ programs as a new area on our High Risk List in March 2021
599
+ because of their potential for fraud, significant program
600
+ integrity risk, and need for much-improved program management
601
+ and better oversight.
602
+ According to Federal internal control standards and our
603
+ fraud-risk framework, managers in executive-branch agencies are
604
+ responsible for managing fraud risk and implementing practices
605
+ for mitigating those risks. When fraud risk can be identified
606
+ and mitigated, fraud may be less likely to occur. Risk
607
+ management is a formal and disciplined practice for addressing
608
+ risk and reducing it to an acceptable level.
609
+ In addition to our previous recommendations, we anticipate
610
+ making four recommendations on fraud risk in PPP and EIDL and
611
+ one on EIDL oversight in our March 2021 report, to be issued
612
+ next week, on the Federal COVID-19 response. SBA agreed with
613
+ the recommendations, stating it would implement fraud-risk
614
+ assessments for both programs and an oversight plan for EIDL.
615
+ This concludes my statement. I would be glad to answer any
616
+ questions.
617
+ Chairman Clyburn. Thank you very much, Mr. Shear. You did
618
+ it. Thank you.
619
+ Mr. Shear. Thank you.
620
+ Chairman Clyburn. Let me thank all of our witnesses here
621
+ today.
622
+ Now, each member will have five minutes for questions. And,
623
+ with that, I will now recognize myself for my five minutes.
624
+ Now, as I stated earlier, the Trump administration's
625
+ failure to implement robust fraud controls in the EIDL Program
626
+ and PPP has led to nearly $84 billion in potentially fraudulent
627
+ loans.
628
+ We were making all kinds of recommendations as to what
629
+ steps need to be taken, but, instead of taking these steps, the
630
+ Trump administration--and I'm quoting the Inspector General
631
+ here--``lowered the guardrails'' on the EIDL Program, leading
632
+ to $79 billion in potentially fraudulent loans in the program
633
+ alone.
634
+ Mr. Ware, your report found that SBA removed or weakened
635
+ existing controls in EIDL last year. Would you please describe
636
+ how SBA's actions contributed to an increased risk of fraud?
637
+ Mr. Ware. Thank you for that question.
638
+ Well, initially, we knew--we had a feeling that this would
639
+ happen. Or, more than a feeling, we knew this would happen
640
+ based on our prior experience and the prior reports that we had
641
+ done. And that's why we notified SBA up front that, ``Hey, this
642
+ is the time where we have to strengthen our controls.''
643
+ What happened was, when they started doing the batch
644
+ processing, a lot of the controls that should've gone in place
645
+ up front, especially to address very, very early indicators
646
+ that fraud was in place--I mean, almost immediately the banks
647
+ were contacting us. We had over 5,000 contacts from banks
648
+ almost off the bat. And that's where we sat down with the
649
+ executives here at SBA to say, ``We have a problem.'' And
650
+ that's when we started to see what was going on with the
651
+ reduced controls.
652
+ So, definitely, any proper control environment--any type of
653
+ fraud mitigation has to begin with an internal control
654
+ environment. And that was reduced up front to expedite the
655
+ funds going out, which--we understood the need for the funds
656
+ going out, but we were requiring that SBA strike a balance, a
657
+ delicate balance, between the two. Plus, we thought the things
658
+ we were asking to be done, if implemented correctly, would not
659
+ slow the program down at all.
660
+ Chairman Clyburn. Thank you.
661
+ Now, what recommendations did you offer SBA? And please
662
+ share with us what the administration's response was.
663
+ Mr. Ware. So, we made quite a bit of recommendations, and
664
+ they had to do with--I could probably--some specifics off the
665
+ top of my head:
666
+ We wanted them to assess vulnerabilities--right?--for the
667
+ purpose of strengthening and implementing internal controls to
668
+ address the notices of potential fraud that we had.
669
+ We wanted them to create a process or a method for lenders
670
+ to be able to report suspected fraud to ODA and for how to
671
+ recover the funds. That was not in place.
672
+ We wanted them to review all the loans that had--especially
673
+ the ones that had the bank account number changed from what was
674
+ shown on the original application to determine if those changes
675
+ were indeed legitimate or fraudulent.
676
+ And then we wanted their assistance in recovering the funds
677
+ and de-obligating the funds.
678
+ We just needed them to completely strengthen the internal
679
+ control environment. And we offered, I mean, dozens of
680
+ recommendations for how to do that.
681
+ So, initially--well, it depends on what we're talking
682
+ about. For the Paycheck Protection Program, the Office of Cap
683
+ Access, they were on top of it, in terms of putting in these
684
+ controls and getting ahead of things, which is why, to date,
685
+ we've found less fraud, or less potential for fraud, than we
686
+ have in the EIDL Program. Because with the EIDL Program,
687
+ although some of the changes were made up front, many were not,
688
+ mainly because it wasn't taken as seriously.
689
+ Chairman Clyburn. Well, thank you.
690
+ My time has almost expired. I'm going to yield now to Mr.
691
+ Jordan and let him have 17 seconds of my time.
692
+ Mr. Jordan?
693
+ Mr. Jordan. Thank you, Mr. Chairman.
694
+ Mr. Horowitz, are Democrats the only people allowed to
695
+ object to election results?
696
+ Mr. Horowitz. I'm not sure how to answer that, Congressman.
697
+ Mr. Jordan. Well, I mean, you're a--I've worked with you
698
+ numerous times. You do great work. You're a lawyer. You're the
699
+ Inspector General at the Justice Department. You're a guy who I
700
+ know cares deeply about fairness.
701
+ And I'm just wondering--you know, Democrats criticized
702
+ Republicans for objecting to the Presidential electors being
703
+ counted on January 6, 2021, but they objected to every
704
+ Republican Presidential winner this century.
705
+ In fact, on January 6, Mr. Horowitz, the Democrat chair of
706
+ the Rules Committee objected to the counting of Alabama.
707
+ President Trump won--January 6, 2017, they objected--a state
708
+ President Trump won by 30 points. A member of this committee,
709
+ on January 6, 2017, the lead impeachment manager, in fact,
710
+ objected to the state of Florida. And on January 6, 2017, the
711
+ Democrat chair of the Financial Services Committee objected to
712
+ the state of Wyoming--Wyoming, a state President Trump won by
713
+ 40 points.
714
+ And now they're trying to kick off the newest member of
715
+ this committee--trying to kick--the newest member of this
716
+ committee they're trying to kick out of Congress.
717
+ And so, I'm just wondering, are they the only ones allowed
718
+ to object, or can Republicans object as well?
719
+ Mr. Horowitz. Well, Congressman, I'm sure anybody of
720
+ whatever political background they want can make an objection.
721
+ I'll just say, I have enough oversight issues at the
722
+ Justice Department. I, fortunately, don't have oversight over
723
+ the election apparatus. So, I'll stick to what I'm doing there
724
+ as well as with the PRAC.
725
+ Mr. Jordan. Yes. Well, I appreciate the work you do. And I
726
+ just find what the Democrats are attempting to do to one of our
727
+ newest colleagues, who is now a member of this select
728
+ subcommittee, I just find this unbelievable, particularly in
729
+ light of the statements they have made over the last several
730
+ months. And so, we just wanted to raise that point.
731
+ I do appreciate the work that you do and you have done for
732
+ our government over the last several years, and appreciate the
733
+ work you do for all the Inspector Generals in our government.
734
+ With that, Mr. Chairman, I appreciate you yielding me the
735
+ 17 seconds, but I don't need it. I have to run to another
736
+ engagement. So, I will yield back the balance of my time.
737
+ Chairman Clyburn. Thank you very much for yielding back the
738
+ 17 seconds. I'll take that to remind my friend that we might be
739
+ following suit. If my memory serves, he cast a vote against our
740
+ new President.
741
+ Thank you.
742
+ Mr. Jordan. No. The point is, Mr. Chairman, let's be
743
+ consistent. If you're going to criticize Republicans for
744
+ exercising our constitutional duty and doing--and objecting to
745
+ the unconstitutional way some states change their election law,
746
+ let's be consistent with what happened on January 6, 2017, and
747
+ what the Democrats are attempting to do to the newest member,
748
+ Dr. Miller-Meeks, Lieutenant Colonel Miller-Meeks, the newest
749
+ member of this committee. That's my point.
750
+ Chairman Clyburn. I understand your point, and I accept
751
+ service.
752
+ With that, the chair now recognizes for five minutes Ms.
753
+ Waters.
754
+ Ms. Waters. Thank you very much, Mr. Chairman.
755
+ And I'm so sorry that Mr. Jordan, you know, takes up time
756
+ on this committee, where you're dealing with, you know,
757
+ substantive matters, particularly relating to fraudulency in
758
+ the PPP program, with election matters that have no business in
759
+ this committee.
760
+ And so----
761
+ Mr. Jordan. Mrs. Miller-Meeks thinks it's substantive, I
762
+ will tell you that, Madam Chair. Mrs. Miller-Meeks thinks it's
763
+ substantive.
764
+ Ms. Waters. Reclaiming my time, I'm not talking to you. I'm
765
+ addressing the chair.
766
+ Mr. Chairman, I'm going to go on with my question. And I'm
767
+ hopeful that we can stay on point on the issues that you have
768
+ organized thus far today in this hearing.
769
+ I believe the tradeoff between speed and program integrity
770
+ is a false one. Our government should be able to help Americans
771
+ quickly without losing billions to fraud.
772
+ Mr. Horowitz, in what ways could the Trump administration
773
+ have instituted stronger controls in PPP while still issuing
774
+ loans quickly and efficiently?
775
+ Mr. Horowitz. Congresswoman, I think several of those
776
+ points--several of those items have been identified by IG Ware.
777
+ I think there could have been efforts beyond, in some of the
778
+ programs--and I'll let IG Ware speak to the PPP specifically--
779
+ but, in some of the programs, simply relying, for example, on
780
+ self-certification. That's an issue that we've identified as
781
+ IGs--IG Ware has, others have, GAO has.
782
+ There were additional steps that could have been
783
+ undertaken, that recommendations were made to undertake, that
784
+ would not have significantly slowed down, in our view in the
785
+ oversight community, the delivery of funds to the public.
786
+ Ms. Waters. I'm also concerned that the sheer number of
787
+ potentially fraudulent PPP transactions presents an enforcement
788
+ challenge. As highlighted in today's staff memo, of the 7.9
789
+ million PPP loans issued to date, only 242 individuals have
790
+ been criminally charged. And, of the nearly $84 billion of
791
+ potentially fraudulent transactions in PPP and EIDL, only $626
792
+ million, less than one percent, has been recovered.
793
+ Mr. Horowitz, as a former fraud prosecutor, can you
794
+ describe some of the challenges with addressing fraud on this
795
+ scale through criminal prosecutions?
796
+ Mr. Horowitz. It's an important question, Congresswoman,
797
+ and you're exactly right. One of the substantial challenges is,
798
+ with hundreds of billions and trillions of dollars out there
799
+ and the scope and level of the fraud, it's going to take us
800
+ months and years as we pursue it.
801
+ What we're trying to do is leverage, for example, data
802
+ analytics. We very much appreciate the funding that was given
803
+ to us that the chairman mentioned that will allow us to
804
+ undertake that effort, because it will help us focus our
805
+ efforts and find the fraud more specifically. That's what data
806
+ analytics helps us do.
807
+ We've also set up a fraud task force and are working to
808
+ help IGs like IG Ware and others across the community by
809
+ leveraging the tools and looking at this, Congresswoman, as a
810
+ whole-of-government approach by the IGs so that we're
811
+ leveraging resources.
812
+ Ms. Waters. Thank you very much.
813
+ I am interested in learning whether or not there was
814
+ organized crime involved in this, where operations were set up
815
+ supposedly to help many of the PPP applicants, who really
816
+ didn't know government, had not understood government very
817
+ well, had not been involved in the past, but they went to and
818
+ were directed to an organized effort that was turning out these
819
+ applications for unsuspecting individuals.
820
+ Have you detected any of that, Mr. Horowitz?
821
+ Mr. Horowitz. You know what? I'm going to ask on PPP
822
+ specifically if IG Ware wants to jump in on that, because----
823
+ Mr. Ware. Yes.
824
+ Mr. Horowitz [continuing]. His agents have been on top of
825
+ that issue.
826
+ Mr. Ware. If it's OK.
827
+ I am very aware of that. That was something we found very,
828
+ very early on, that that wasn't the case. In the complaints we
829
+ were getting, particularly from the banks early on, from the
830
+ onset, it was that, when they asked a followup question
831
+ relative to the money, the people had no idea, they never had a
832
+ business, they had nothing like that. They said that they were
833
+ contacted by people who they didn't know, said the government
834
+ was giving out free money.
835
+ We also found this on the dark web, in terms of free money,
836
+ free government money to be had, where they would contact
837
+ people, tell them the government is giving out this money, and,
838
+ for a percentage of the money, they could have the money placed
839
+ in their accounts, the persons who were contacted, and then
840
+ they'll get the money and then pay the organizers behind the
841
+ scheme.
842
+ So, we found that that was a regular occurrence.
843
+ Ms. Waters. Well, my time really is up, but I just want to
844
+ say, there are a lot of the small-business people who could end
845
+ up, you know, being accused of fraud. I want the big boys. I
846
+ want the organized efforts. I want those who have misused this
847
+ program and misled these small-business people, rather than
848
+ going out and locking up and indicting a whole bunch of little,
849
+ little business people who just didn't know. So, I'm hopeful
850
+ that that avenue will be, you know, approached and dealt with.
851
+ I yield back.
852
+ Chairman Clyburn. Thank you very much, Chair Waters.
853
+ The chair now recognizes for five minutes Dr. Green.
854
+ Mr. Green. Thank you, Chairman Clyburn and Ranking Member
855
+ Scalise. Can you guys hear my OK?
856
+ Chairman Clyburn. Yes.
857
+ Mr. Green. I want to thank our witnesses for being here
858
+ today.
859
+ You know, one year ago this week, as the pandemic struck
860
+ our Nation, Congress passed and President Trump signed into law
861
+ the CARES Act. At the time, we knew that the economic danger we
862
+ were facing threatened to overwhelm small businesses across the
863
+ Nation. Unemployment claims reached record levels----
864
+ [Audio interruption.]
865
+ Mr. Green. Sorry. I'm in three different committee meetings
866
+ at the same time here.
867
+ The centerpiece of the CARES Act was the popular PPP
868
+ program that gave small businesses access to forgivable loans
869
+ to cover payroll expenses and saved millions of jobs. The
870
+ program was a lifeline to small businesses hit hardest by
871
+ strict lockdown orders in many cities and states.
872
+ According to the U.S. Census Bureau, nearly 75 percent of
873
+ all small businesses received PPP loans. This was not a bailout
874
+ of special interests; it was a-broad based effort that played a
875
+ critical role in saving tens of millions of American jobs.
876
+ The PPP included significant mechanisms to protect against
877
+ fraud and ensure taxpayer money went to the intended
878
+ recipients. Leaders had to abide by existing Federal know-your-
879
+ customer, anti-money-laundering, and bank-secrecy laws.
880
+ Now, any program swiftly arranged to spend hundreds of
881
+ billions of dollars will inevitably incur fraud. That's just a
882
+ fact. But the Trump administration made serious governmentwide
883
+ efforts to investigate and prosecute COVID-19-related fraud
884
+ starting from day one. The DOJ Criminal Division immediately
885
+ set up a team specifically to root out and prosecute PPP fraud.
886
+ By September, the DOJ announced that it had initiated multiple
887
+ separate PPP fraud cases.
888
+ And fraud can happen in many ways, such as false
889
+ information on an application, misuse of funds for personal
890
+ use. And those who take advantage of a national crisis for
891
+ their own corrupt ends should be held accountable. However,
892
+ according to calculations from the majority on this committee,
893
+ the fraud rate within PPP was lower than the fraud in several
894
+ other programs, such as the Pandemic Unemployment Assistance
895
+ Program and the EIDL Program.
896
+ By every possible measure, the PPP was a success that saved
897
+ untold millions of jobs. But these mechanisms were not in place
898
+ to capture two of the most outrageous frauds from this past
899
+ year.
900
+ What happens when a Governor deliberately misleads the
901
+ public and covers up the number of COVID-related nursing home
902
+ deaths? The Attorney General of New York found that Governor
903
+ Cuomo's administration undercounted nursing home deaths by 50
904
+ percent. And for months now, my colleagues and I have been
905
+ calling for an investigation of Governor Cuomo and his false
906
+ statements and policies, but silence from the majority.
907
+ Or take another example. What of the fraud perpetrated on
908
+ the American taxpayer under the false pretenses of COVID
909
+ stimulus? Democrat leadership larded up a bill with handouts
910
+ for special interests and their political cronies. Blue-state
911
+ Governors that crushed their economies with lockdowns get
912
+ rewarded with money to bail out years of mismanagement. This
913
+ includes over $100 billion for schools that are closed, most of
914
+ which doesn't even get paid in the near term.
915
+ Ninety percent of the $1.9 trillion spending spree has
916
+ nothing to do with public health. Instead, congressional
917
+ Democrats viewed this as a--and I quote--``tremendous
918
+ opportunity,'' end quote, to push their political agenda in the
919
+ Trojan horse of a misnamed American Rescue Plan. But it's the
920
+ taxpayers who will be footing the bill for generations to come.
921
+ That's fraud by any definition.
922
+ Thank you, Mr. Chairman, and I yield.
923
+ [Audio interruption.]
924
+ Chairman Clyburn [continuing]. Five minutes.
925
+ Bill? Bill Foster? You are now recognized for five minutes.
926
+ You need to unmute, I think.
927
+ Mr. Foster. Oh, my apologies, Mr. Chairman. I was unaware
928
+ of the order we're operating under. I'm happy to proceed.
929
+ Chairman Clyburn. Thank you.
930
+ Mr. Foster. In its January 2021 High Risk List, the GAO
931
+ made recommendations to the Small Business Administration to
932
+ provide greater oversight of the PPP and EIDL programs to
933
+ reduce fraud in both programs, including using data analytics
934
+ to identify potentially ineligible businesses.
935
+ And I was encouraged to hear Mr. Ware cite the use of data
936
+ analytics as one of the force multipliers that allowed the SBA
937
+ and its OIG to more effectively identify fraud.
938
+ Mr. Ware, can you go into some more detail about how data
939
+ analytics have been used to detect fraud in the PPP and EIDL
940
+ programs and what future plans are?
941
+ Mr. Ware. Yes. Thank you very much.
942
+ With access to the data warehouse that SBA has,
943
+ particularly on the PPP side--because we are just working out a
944
+ more direct relationship within EIDL--we were able to overlay a
945
+ lot of the data coming in. For example, working with the Do Not
946
+ Pay list with the Department of Treasury, working with the
947
+ Department of Treasury on that, we were able to see that quite
948
+ a bit of money went out to folks who should never have gotten
949
+ paid.
950
+ Using data analytics, we were also able to capture quite a
951
+ bit of duplicate payments as well.
952
+ And the speed by which you see law enforcement moving right
953
+ now is unprecedented, as was stated earlier by--I can't
954
+ remember who. But the reason it's allowed to move as quickly as
955
+ it is because of access to data, transparent data, and the
956
+ ability of data analysts and data scientists within our office
957
+ and within the community to be able to quickly overlay
958
+ information and get it in the hands of criminal investigators.
959
+ Mr. Foster. Yes.
960
+ Well, I'm particularly concerned about identity theft and
961
+ synthetic identity fraud in the PPP and EIDL programs as well
962
+ as other areas in our government. You know, fraudsters may
963
+ improperly use the personal information of hardworking
964
+ Americans, such as names, addresses, Social Security numbers,
965
+ to fraudulently apply for pandemic relief loans.
966
+ And the situation is compounded by the lack of a coherent
967
+ approach to identity in this country, so that, for example, the
968
+ list of bad actors who may be known to Treasury or to financial
969
+ regulators or to the individual states may not be automatically
970
+ known to the SBA.
971
+ And, last Congress, I sponsored a bill called the Improving
972
+ Digital Identity Act of 2020, which would modernize systems
973
+ that provide driver's licenses and other identity credentials
974
+ in our country and upgrade digital identity verification tools
975
+ in citizens' interactions with government.
976
+ Mr. Ware, has the SBA OIG found identity theft or identity
977
+ fraud to be a problem in the PPP and EIDL programs? And what
978
+ are the common forms of that fraud that you see?
979
+ Mr. Ware. Right. So, we have found--identity theft is
980
+ probably the most common underlying cause of the fraud that
981
+ we're finding, particularly in the EIDL Program. As a matter of
982
+ fact, it's really showing up itself in PPP now with the
983
+ inclusion of Schedule C's. This is a major issue for us.
984
+ And the way that is happening is, of course they have many
985
+ of the romance-type schemes, many of the social media schemes
986
+ by which people gain access to other people's identity. Most of
987
+ it came to us when people were--victims received letters from
988
+ SBA saying, ``There's a deferment on your loan,'' when they had
989
+ never, ever applied for any type of loan. So, we've got quite a
990
+ bit of that.
991
+ We're up to, what, well over a million applications flagged
992
+ for identity theft right now in these programs.
993
+ Mr. Foster. Wow.
994
+ And what are the better identity verification tools that
995
+ you think would make a real difference in this?
996
+ Mr. Ware. Well, it's simply verifying that the person that
997
+ you're giving the money to actually exists. I honestly don't
998
+ believe it's that much of a lift, but it is. I guess it could
999
+ be a little bit more time-consuming.
1000
+ Mr. Foster. Yes.
1001
+ I'm struck by how other countries that have more rational
1002
+ systems to identify their citizens have not had the same kind
1003
+ of problem with, you know, fraudulent--everything from stimulus
1004
+ checks to other payments.
1005
+ And so, any conclusions that you come up with as to what
1006
+ tools would really make your life easier here would be very
1007
+ appreciated.
1008
+ Thank you. I'm basically out of time, so I'll yield back.
1009
+ Chairman Clyburn. Thank you very much, Mr. Foster, for
1010
+ yielding back.
1011
+ The chair now recognizes for five minutes Mrs. Miller-
1012
+ Meeks.
1013
+ Mrs. Miller-Meeks. Thank you very much, Chair Clyburn.
1014
+ And thank you to our witnesses speaking about the very
1015
+ important programs that were initiated in response to this
1016
+ pandemic.
1017
+ Mr. Horowitz, your oversight testimony had a link to it
1018
+ regarding COVID-19 testing. And this was COVID-19 testing that
1019
+ was done at Federal agencies, so I realize that it's limited.
1020
+ And it was from February to August 2020. And it indicates in
1021
+ that link that 10.7 million tests were completed at Federal
1022
+ healthcare agencies at a cost of $659.5 million. And that was
1023
+ underestimate because it doesn't include the VA.
1024
+ Would you have an idea of how much has been--how many tests
1025
+ or how much has been spent now on testing at those agencies or
1026
+ in general for all testing in the U.S.?
1027
+ Mr. Horowitz. Congresswoman, I don't have that with me. I
1028
+ can certainly followup with my colleague at HHS OIG and see
1029
+ what the latest data is. We cut it off at that time so that we
1030
+ could obviously move forward and start doing analysis.
1031
+ Mrs. Miller-Meeks. The reason for my question is, as a
1032
+ physician and a former director of the Iowa Department of
1033
+ Public Health, I closely monitor what's happening with the
1034
+ number of cases, the number of hospitalizations, the number of
1035
+ deaths, the number of those who recovered who would have
1036
+ natural immunity, and then the vaccinations, at least here in
1037
+ Iowa. And given everything that I have seen since the
1038
+ vaccination was first approved in November, which is
1039
+ remarkable--and then now we have a total of three
1040
+ vaccinations--I've seen this decline very rapidly and
1041
+ exponentially and feel that we're very close to herd immunity.
1042
+ In this most recent American Rescue Plan for COVID-19,
1043
+ there is allocated $47.8 billion in testing and another $7
1044
+ billion to go to community health centers for testing. And it
1045
+ seems to me that with the decline that we're having that that
1046
+ amount of funding may be excessive. Do you have any, you know,
1047
+ suggestion or comment on that?
1048
+ Mr. Horowitz. So, I wouldn't be in a position, necessarily,
1049
+ to comment on how much money should or shouldn't have gone.
1050
+ I'll leave it to other policymakers to decide that.
1051
+ I will say that what we've found and I've seen at DOJ, for
1052
+ example--because I have oversight over the Federal prison
1053
+ system. And what we found a year ago, in the first several
1054
+ months of this, was, the absence of testing impaired the
1055
+ ability of the BOP to identify asymptomatic inmates so that
1056
+ they could segregate those individuals rather than simply wait
1057
+ for them to develop symptoms.
1058
+ And so, we certainly think there will continue to need to
1059
+ be testing available, much like there is for other diseases----
1060
+ Mrs. Miller-Meeks. And I think there's more recent data
1061
+ that shows that there is not the transmission of asymptomatic
1062
+ that we originally thought there was.
1063
+ I'm hoping that some of this money can be used in
1064
+ accordance with a bill that I introduced, H.R. 1897, that would
1065
+ do COVID-19 testing for those migrants coming across our
1066
+ borders, which is not done now.
1067
+ So, thank so much.
1068
+ Mr. Ware, I'm going to direct this to you. The PPP program
1069
+ to the individuals, both when I was a state senator helping
1070
+ small businesses get PPP and then those I've talked to, has
1071
+ been an extremely successful program.
1072
+ To be eligible, an applicant had to have not more than 500
1073
+ employees. And because of large chains receiving loans
1074
+ designated for small businesses, the SBA had instituted an
1075
+ affiliation rule. If the parent exerted control or had the
1076
+ power to exert control over the affiliates, the entirety of
1077
+ their employees should be counted toward that limit.
1078
+ So, is having affiliates using the same bylaws as the
1079
+ parent ``exerting control''?
1080
+ Mr. Ware. We have not taken a look as yet into how that
1081
+ works out and if it's the same or not, but----
1082
+ Mrs. Miller-Meeks. Or----
1083
+ Mr. Ware [continuing]. We did--sorry. Go ahead.
1084
+ Mrs. Miller-Meeks. Are having affiliates apply for
1085
+ accreditation from the parent company ``exerting control,'' the
1086
+ parent company imposing performance policies on the affiliate
1087
+ ``exerting control,'' or the parent mandating certain services
1088
+ be performed at the affiliate, are those things ``exerting
1089
+ control''?
1090
+ Mr. Ware. Without the work to actually dig into it, I'm
1091
+ unable to answer the question at this time.
1092
+ Mrs. Miller-Meeks. Well, Planned Parenthood across the
1093
+ Nation had 16,000 employees nationwide, but they got more than
1094
+ $80 million in PPP loans. Even their own lobbyist admitted that
1095
+ the rules made their affiliates ineligible when they said the
1096
+ CARES Act money had broad discretion to exclude Planned
1097
+ Parenthood.
1098
+ Has Planned Parenthood returned any of that money?
1099
+ Mr. Ware. We have not taken a look at Planned Parenthood
1100
+ specifically. We have a series of reviews in the queue dealing
1101
+ with eligibility across these programs.
1102
+ Mrs. Miller-Meeks. Thank you. That was going to be my next
1103
+ question, if there was a reviewing of the affiliation status.
1104
+ Thank you so much for your testimony.
1105
+ Thank you, Chair Clyburn. I yield back my time.
1106
+ Mr. Ware. Thank you.
1107
+ Chairman Clyburn. Thank you very much for yielding back.
1108
+ The chair now recognizes Mr. Raskin for five minutes.
1109
+ Mr. Raskin. Mr. Chairman, thank you for calling this very
1110
+ important hearing about more than $80 billion lost in fraud and
1111
+ rip-offs of the taxpayers within these programs. And some of
1112
+ our colleagues prefer to minimize the damage, saying, oh, well,
1113
+ it's less than one percent or two percent.
1114
+ Mr. Horowitz, let me start with you. Is that the right way
1115
+ to look at it, to say, well, it's a small percentage of an
1116
+ overall amount of money, or do we look at and say, that's $80
1117
+ billion that could've gone to small businesses that deserved it
1118
+ and people who needed the money?
1119
+ Mr. Horowitz. Well, I think the way we look at it from the
1120
+ accountability community is, could there have been steps taken
1121
+ that would have reduced the fraud to a greater degree, or the
1122
+ risks to a greater degree? And, as you've heard, GAO and the IG
1123
+ at SBA made important recommendations to try and do that. So
1124
+ that's really the issue that we look at.
1125
+ Mr. Raskin. And those were ignored by the Trump
1126
+ administration. So, I'm glad that we've got a President in who
1127
+ is serious about cracking down on fraud and making the
1128
+ government actually work for the people.
1129
+ I've had a number of constituents reach out to me for help
1130
+ after their identities were just, out of the blue, fraudulently
1131
+ used to obtain SBA loans for some of these criminals. One of my
1132
+ constituents is currently getting payment notices from the SBA
1133
+ on a $150,000 EIDL loan that was taken out in his name without
1134
+ his knowledge. He didn't know anything about it. And he got one
1135
+ letter saying that SBA was reviewing the case, but, otherwise,
1136
+ he hasn't gotten any updates or info from SBA at all about how
1137
+ this is going to be remedied.
1138
+ And so, the SBA I don't think is addressing this with
1139
+ serious enough concern and attention. It's one thing if there
1140
+ are people out there ripping off the government. OK, let's go
1141
+ after them, and if it takes a little time, it takes a little
1142
+ time. But if they're ripping off the government using other
1143
+ people's names, that's an emergency for my constituents whose
1144
+ names are being used, whose credit is being ruined, and who
1145
+ have a shadow cast over their name.
1146
+ So, Mr. Ware, is there anything that I can tell my
1147
+ constituents about what to expect in this situation? What steps
1148
+ is the SBA's Office of IG taking to respond to and remedy
1149
+ complaints about identity theft? And can you set up a special
1150
+ unit just to respond to these kinds of cases?
1151
+ Because, believe me, it's a dire thing in the lives of
1152
+ people. Imagine if your name was used by somebody else with
1153
+ your Social Security number to get an SBA loan.
1154
+ Mr. Ware. Yes----
1155
+ [Audio interruption.]
1156
+ Mr. Ware. Thank you. I know that we're having connection
1157
+ problems because----
1158
+ Chairman Clyburn. Yes, we are having a bit of a problem.
1159
+ Mr. Ware?
1160
+ Mr. Ware. Yes? Can you hear me?
1161
+ Chairman Clyburn. I hear you now.
1162
+ Mr. Ware. OK. Sorry. I don't know what's happening. I'll
1163
+ blame it on SBA's technological advances. Just teasing, just
1164
+ teasing.
1165
+ No, but if you can hear me now, I think I got the gist of
1166
+ the question, although on my screen Representative Raskin is
1167
+ completely frozen. So, I hope I got it, in terms of what is my
1168
+ office doing to assist the victims of identity theft.
1169
+ Now, clearly, we've heard countless stories and complaints
1170
+ involving identity theft to fraudulently obtain those loans,
1171
+ but it's important to understand a couple of things.
1172
+ We don't have principal jurisdiction on investigations
1173
+ involving identity theft. That belongs to the Federal Trade
1174
+ Commission. What we've done is work with SBA to set up a system
1175
+ where people could receive assistance and have moved to
1176
+ investigate many of these complaints.
1177
+ We do have a report that will be coming out very, very
1178
+ shortly on SBA's handling of identity theft. By ``very, very
1179
+ shortly,'' it's next month, by end of next month. And, at that
1180
+ time----
1181
+ Mr. Raskin. OK.
1182
+ Mr. Ware [continuing]. A lot of information----
1183
+ Mr. Raskin. OK. Well, I appreciate if you would followup
1184
+ with me on this. And we would like a way that we can get to
1185
+ your office the names of our constituents who are having a
1186
+ serious problem with this. Obviously, we want it prosecuted by
1187
+ the FTC, but we also want it to stop and make sure that the
1188
+ names of our constituents are cleared.
1189
+ Mr. Clyburn, if I could say one final thing--and I'm sorry
1190
+ about all these technical snafus we're having. Congresswoman
1191
+ Waters correctly pointed out that Mr. Jordan's original
1192
+ provocation in this hearing was an irrelevant distraction from
1193
+ the matter at hand. But she shows a lot more patience than me,
1194
+ and I want to address specifically what he said.
1195
+ It is true that Republicans and Democrats alike have issued
1196
+ technical challenges under the electoral college over the
1197
+ course of the last century. But only one President has incited
1198
+ a violent insurrection, a mob, to attack Congress and to try to
1199
+ overthrow the election result.And that's what he's excusing
1200
+ with that completely false equation of his.
1201
+ And, meantime, he also knows that there's a Federal
1202
+ statute, the Federal Contested Elections Act from 1969, by
1203
+ which both Republicans and Democrats have brought challenges to
1204
+ congressional elections. There's an entire procedure in place
1205
+ guaranteeing due process to people on all sides.
1206
+ And if he's prepared to vote to overturn an election that
1207
+ was decided by 7 million votes, more than 7 million votes, for
1208
+ Joe Biden, certainly he would accept the regularity of hearing
1209
+ an election contest where there was a six-vote difference
1210
+ between the two sides under a Federal statute. That is regular
1211
+ order.
1212
+ And I yield back to you, Mr. Chairman.
1213
+ Chairman Clyburn. I thank the gentleman for yielding back.
1214
+ The chair now recognizes Mr. Krishnamoorthi for five
1215
+ minutes.
1216
+ Mr. Krishnamoorthi. Thank you, Mr. Chair. Can you hear me?
1217
+ Chairman Clyburn. Yes, I can.
1218
+ Mr. Krishnamoorthi. Very good.
1219
+ Well, first of all, I wanted to point out some very
1220
+ interesting aspects of the SBA OIG report.
1221
+ Mr. Ware, I noticed in the report, my staff and I noticed,
1222
+ that at one point you said almost 320,000 potentially
1223
+ fraudulent COVID-19 EIDL loans totaling almost $25 billion were
1224
+ disbursed to people with the same email addresses.
1225
+ You give one example where one applicant with one email
1226
+ address received 10 loans in the name of 10 different bathroom
1227
+ renovation companies in one city, and when you went back and
1228
+ looked, you couldn't find any of those bathroom renovation
1229
+ companies in that city. Instead, you were able to find that the
1230
+ email address was for a burrito restaurant which was located in
1231
+ that city.
1232
+ Just a basic question: What are we doing to make sure that
1233
+ folks can't apply for multiple loans from the same email
1234
+ address?
1235
+ Mr. Ware. Well, that's one of the things that we've been
1236
+ working hard with the Office of Disaster Assistance to fight
1237
+ against. And the Office of Disaster Assistance has assured us
1238
+ that they have a secondary review process in place to make that
1239
+ very assurance.
1240
+ We have not verified or validated that that is in place and
1241
+ working as yet, but--they have not provided that information to
1242
+ us as yet, but----
1243
+ Mr. Krishnamoorthi. Let me jump in, because I think that's
1244
+ really important. I think the American people don't want
1245
+ multiple loans to be applied for from one email address or from
1246
+ one IP address, meaning probably one computer, or from one
1247
+ physical address. And so, these EIDL loans, I think, deserve a
1248
+ lot more scrutiny, and I hope that you are going back to check
1249
+ that these EIDL loans don't come from the same address, the
1250
+ applications.
1251
+ Can you rule out, given the staggering potential amount of
1252
+ fraud in the EIDL Program, that there was any coordination
1253
+ between applicants and insiders at the SBA?
1254
+ Mr. Ware. No, I cannot rule that out, because I know for a
1255
+ fact----
1256
+ Mr. Krishnamoorthi. OK. I just going to--I'm going to be
1257
+ going through a rapid-fire series of questions here.
1258
+ Can you rule out that any foreign actors or entities
1259
+ received money through the EIDL Program?
1260
+ Mr. Ware. No.
1261
+ Mr. Krishnamoorthi. Can you rule out that--I'm from
1262
+ Illinois, so I have to ask this question. Can you rule out that
1263
+ any deceased people received money through the EIDL Program?
1264
+ Mr. Ware. No.
1265
+ Mr. Krishnamoorthi. Can you rule out that people under the
1266
+ age of 18 received money from the EIDL Program?
1267
+ Mr. Ware. No.
1268
+ Mr. Krishnamoorthi. What claims are being made that you're
1269
+ aware of under the False Claims Act, also known as qui tam,
1270
+ related to the EIDL Program?
1271
+ Mr. Ware. Well, I won't be able to speak to any of those
1272
+ that's active. Many of those are sealed.
1273
+ Mr. Krishnamoorthi. Let me ask Mr. Horowitz, our expert,
1274
+ probably, on this issue of whistleblowing and so forth.
1275
+ Is there anything that can be done to encourage folks that
1276
+ know about fraud within these programs, maybe even people at
1277
+ the SBA right now, to come forward and make a False Claims Act
1278
+ claim or a qui tam claim related to what I perceive to be just
1279
+ staggering amounts of fraud in the EIDL Program?
1280
+ Mr. Horowitz. Absolutely, Congressman. First, come to our
1281
+ website, pandemicoversight.gov. They'll see a link there to
1282
+ report electronically to us. They can get in contact with us
1283
+ through other means, but electronically is the best way to do
1284
+ it.
1285
+ We'll get on top of it, and we'll make sure that whatever
1286
+ IG has jurisdiction over the program they care about, we'll get
1287
+ it to them and we'll work together with them.
1288
+ Mr. Krishnamoorthi. And just let's educate people who might
1289
+ be viewing this. When we refer to False Claims Act or qui tam
1290
+ claims, the claimant, through a confidential process, if the
1291
+ claim is validated, could receive between 15 and 30 percent of
1292
+ the recovered amounts, right?
1293
+ Mr. Horowitz. That's correct.
1294
+ Mr. Krishnamoorthi. So, Mr. Horowitz, do you know how much
1295
+ has been recovered overall through your investigations, your
1296
+ collective investigations, into fraud in the EIDL Program and
1297
+ then separately into PPP program?
1298
+ Mr. Horowitz. I don't know separately as to those two
1299
+ programs. I know it's tens of millions of dollars overall. I
1300
+ could get back to you on----
1301
+ Mr. Krishnamoorthi. But that's an incredibly small portion
1302
+ of the sizable potential amount of fraud, right?
1303
+ Mr. Horowitz. At this time, it is. But I would just make
1304
+ sure that the public is aware and assure all of you, obviously,
1305
+ prosecutions take time, and we are using the tools we have,
1306
+ whether it's criminal prosecution, civil, forfeiture, and, by
1307
+ the way, suspension and debarment for entities that are here,
1308
+ that aren't fraudulent entities themselves. They're risking
1309
+ their ability to do business with the government going forward,
1310
+ period.
1311
+ Mr. Krishnamoorthi. Thank you.
1312
+ I yield back.
1313
+ Chairman Clyburn. I thank the gentleman for yielding back
1314
+ his time.
1315
+ I notice that all members who are present have been allowed
1316
+ time to ask questions and to make comments. There are several
1317
+ other members who we expected to join us, but the time seems to
1318
+ have run out, and so we aren't going to prolong this.
1319
+ At this point, we usually give the ranking member an
1320
+ opportunity to make a closing statement, and, in his absence,
1321
+ whoever he may designate. But I think Mr. Jordan, who made the
1322
+ opening statement, indicated that he had to go off to other
1323
+ business, and I don't see that he's here with us. So, I'm going
1324
+ to now proceed to my closing statement, and hopefully we'll be
1325
+ able to conclude this hearing.
1326
+ I want to thank all of our witnesses who are here today,
1327
+ and we appreciate the invaluable expertise that you've shared
1328
+ this afternoon on how we can better identify and eliminate
1329
+ fraud in the pandemic relief programs.
1330
+ This select subcommittee is modeled after the Truman
1331
+ Committee during World War II. In a speech to the Senate upon
1332
+ the establishment of that committee, then-Senator Truman said,
1333
+ and I quote, ``I consider public funds to be sacred funds, and
1334
+ I think they ought to have every safeguard possible to prevent
1335
+ their being misused and mishandled,'' end of quote. I
1336
+ wholeheartedly agree with Truman.
1337
+ Unfortunately, today's hearing has made clear that the
1338
+ Trump administration failed to institute the necessary
1339
+ safeguards to prevent public funds from being misused and
1340
+ mishandled in key small-business relief programs, leading to
1341
+ the loss of billions of dollars through fraud.
1342
+ I agree very much with Chair Waters, whose interest it is
1343
+ to go after what seems to be some pretty sophisticated
1344
+ fraudulent activity. And hopefully we'll get to the bottom of
1345
+ the source of all of this and not pat ourselves on the back for
1346
+ sending small, unsuspecting businesses out of business or into
1347
+ jail.
1348
+ Fraud should have real consequences. Diverting funds that
1349
+ were intended to help Americans struggling to save their
1350
+ businesses, feed their families, and stay in their homes is
1351
+ just something that needs to be dealt with.
1352
+ But it is not too late to act. The Biden administration has
1353
+ already taken significant steps to reduce fraud by instituting
1354
+ stronger controls when using PPP loans. And the administration
1355
+ has encouraged Federal agents to work with, not against,
1356
+ inspectors general and congressional oversight.
1357
+ The Biden administration and Congress have also worked
1358
+ together to ensure that critical oversight bodies like the
1359
+ PRAC, GAO, and IG community have the resources and tools they
1360
+ need to do their jobs. The $142 million allocated to the
1361
+ oversight community in the American Rescue Plan will go a long
1362
+ way toward accomplishing that goal.
1363
+ There is much more to do to prevent fraud and prosecute
1364
+ those who engage in it. I look forward to using what we have
1365
+ learned from our witnesses today to make the small-business
1366
+ relief programs more effective, efficient, and equitable. Those
1367
+ are the standards that must be met when we are spending sacred
1368
+ public funds.
1369
+ With that, and without objection, all members will have
1370
+ five legislative days within which to submit additional written
1371
+ questions for the witnesses to the chair, which will be
1372
+ forwarded to the witnesses for their response.
1373
+ Chairman Clyburn. This hearing is adjourned.
1374
+ [Whereupon, at 1:20 p.m., the subcommittee was adjourned.]
1375
+
1376
+ [all]
1377
+ </pre></body></html>
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1
+ <html>
2
+ <title> - HOW INVIDIOUS DISCRIMINATION WORKS AND HURTS: AN EXAMINATION OF LENDING DISCRIMINATION AND ITS LONG-TERM ECONOMIC IMPACTS ON BORROWERS OF COLOR</title>
3
+ <body><pre>
4
+ [House Hearing, 117 Congress]
5
+ [From the U.S. Government Publishing Office]
6
+
7
+
8
+
9
+
10
+
11
+ HOW INVIDIOUS DISCRIMINATION
12
+
13
+ WORKS AND HURTS: AN EXAMINATION
14
+
15
+ OF LENDING DISCRIMINATION AND
16
+
17
+ ITS LONG-TERM ECONOMIC IMPACTS
18
+
19
+ ON BORROWERS OF COLOR
20
+
21
+ =======================================================================
22
+
23
+ VIRTUAL HEARING
24
+
25
+ BEFORE THE
26
+
27
+ SUBCOMMITTEE ON OVERSIGHT
28
+ AND INVESTIGATIONS
29
+
30
+ OF THE
31
+
32
+ COMMITTEE ON FINANCIAL SERVICES
33
+
34
+ U.S. HOUSE OF REPRESENTATIVES
35
+
36
+ ONE HUNDRED SEVENTEENTH CONGRESS
37
+
38
+ FIRST SESSION
39
+
40
+ __________
41
+
42
+ FEBRUARY 24, 2021
43
+
44
+ __________
45
+
46
+ Printed for the use of the Committee on Financial Services
47
+
48
+ Serial No. 117-5
49
+
50
+
51
+
52
+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
53
+
54
+
55
+
56
+
57
+ ______
58
+
59
+
60
+ U.S. GOVERNMENT PUBLISHING OFFICE
61
+ 43-992 PDF WASHINGTON : 2021
62
+
63
+
64
+
65
+
66
+ HOUSE COMMITTEE ON FINANCIAL SERVICES
67
+
68
+ MAXINE WATERS, California, Chairwoman
69
+
70
+ CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina,
71
+ NYDIA M. VELAZQUEZ, New York Ranking Member
72
+ BRAD SHERMAN, California FRANK D. LUCAS, Oklahoma
73
+ GREGORY W. MEEKS, New York BILL POSEY, Florida
74
+ DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri
75
+ AL GREEN, Texas BILL HUIZENGA, Michigan
76
+ EMANUEL CLEAVER, Missouri STEVE STIVERS, Ohio
77
+ ED PERLMUTTER, Colorado ANN WAGNER, Missouri
78
+ JIM A. HIMES, Connecticut ANDY BARR, Kentucky
79
+ BILL FOSTER, Illinois ROGER WILLIAMS, Texas
80
+ JOYCE BEATTY, Ohio FRENCH HILL, Arkansas
81
+ JUAN VARGAS, California TOM EMMER, Minnesota
82
+ JOSH GOTTHEIMER, New Jersey LEE M. ZELDIN, New York
83
+ VICENTE GONZALEZ, Texas BARRY LOUDERMILK, Georgia
84
+ AL LAWSON, Florida ALEXANDER X. MOONEY, West Virginia
85
+ MICHAEL SAN NICOLAS, Guam WARREN DAVIDSON, Ohio
86
+ CINDY AXNE, Iowa TED BUDD, North Carolina
87
+ SEAN CASTEN, Illinois DAVID KUSTOFF, Tennessee
88
+ AYANNA PRESSLEY, Massachusetts TREY HOLLINGSWORTH, Indiana
89
+ RITCHIE TORRES, New York ANTHONY GONZALEZ, Ohio
90
+ STEPHEN F. LYNCH, Massachusetts JOHN ROSE, Tennessee
91
+ ALMA ADAMS, North Carolina BRYAN STEIL, Wisconsin
92
+ RASHIDA TLAIB, Michigan LANCE GOODEN, Texas
93
+ MADELEINE DEAN, Pennsylvania WILLIAM TIMMONS, South Carolina
94
+ ALEXANDRIA OCASIO-CORTEZ, New York VAN TAYLOR, Texas
95
+ JESUS ``CHUY'' GARCIA, Illinois
96
+ SYLVIA GARCIA, Texas
97
+ NIKEMA WILLIAMS, Georgia
98
+ JAKE AUCHINCLOSS, Massachusetts
99
+
100
+ Charla Ouertatani, Staff Director
101
+ Subcommittee on Oversight and Investigations
102
+
103
+ AL GREEN, Texas Chairman
104
+
105
+ EMANUEL CLEAVER, Missouri ANDY BARR, Kentucky, Ranking
106
+ ALMA ADAMS, North Carolina Member
107
+ RASHIDA TLAIB, Michigan BARRY LOUDERMILK, Georgia
108
+ JESUS ``CHUY'' GARCIA, Illinois ALEXANDER X. MOONEY, West Virginia
109
+ SYLVIA GARCIA, Texas DAVID KUSTOFF, Tennessee
110
+ NIKEMA WILLIAMS, Georgia WILLIAM TIMMONS, South Carolina,
111
+ Vice Ranking Member
112
+
113
+ C O N T E N T S
114
+
115
+ ----------
116
+ Page
117
+ Hearing held on:
118
+ February 24, 2021............................................ 1
119
+ Appendix:
120
+ February 24, 2021............................................ 31
121
+
122
+ WITNESSES
123
+ Wednesday, February 24, 2021
124
+
125
+ Cooper, Cheryl R., Analyst, Financial Economics Division,
126
+ Congressional Research Service................................. 12
127
+ Darity, William, Jr., Professor of Public Policy, African and
128
+ African-American Studies, and Economics, Duke University; and
129
+ Director, Samuel DuBois Cook Center on Social Equity........... 5
130
+ Espinoza, Frances, Executive Director, North Texas Fair Housing
131
+ Center......................................................... 10
132
+ Perry, Andre M., Senior Fellow, Metropolitan Policy Program, the
133
+ Brookings Institution.......................................... 9
134
+ Rice, Lisa, President and CEO, National Fair Housing Alliance
135
+ (NFHA)......................................................... 7
136
+
137
+ APPENDIX
138
+
139
+ Prepared statements:
140
+ Cooper, Cheryl R............................................. 32
141
+ Darity, William, Jr.......................................... 44
142
+ Espinoza, Frances............................................ 50
143
+ Perry, Andre M............................................... 52
144
+ Rice, Lisa................................................... 60
145
+
146
+ Additional Material Submitted for the Record
147
+
148
+ Green, Hon. Al:
149
+ Written statement of the Appraisal Institute................. 77
150
+ Written statement of Engine.................................. 79
151
+ ``Financial Resilience Challenges During the Pandemic,''
152
+ Federal Reserve Bank of Atlanta............................ 112
153
+ ``Mortgage Prepayment, Race, and Monetary Policy,'' Federal
154
+ Reserve Bank of Boston..................................... 115
155
+ GAO study, ``Fair Lending, Access, and Retirement Security... 196
156
+
157
+
158
+ HOW INVIDIOUS DISCRIMINATION
159
+
160
+ WORKS AND HURTS: AN EXAMINATION
161
+
162
+ OF LENDING DISCRIMINATION AND
163
+
164
+ ITS LONG-TERM ECONOMIC IMPACTS
165
+
166
+ ON BORROWERS OF COLOR
167
+
168
+ ----------
169
+
170
+
171
+ Wednesday, February 24, 2021
172
+
173
+ U.S. House of Representatives,
174
+ Subcommittee on Oversight
175
+ and Investigations,
176
+ Committee on Financial Services,
177
+ Washington, D.C.
178
+ The subcommittee met, pursuant to notice, at 3:05 p.m., via
179
+ Webex, Hon. Al Green [chairman of the subcommittee] presiding.
180
+ Members present: Representatives Green, Cleaver, Adams,
181
+ Tlaib, Garcia of Illinois, Williams of Georgia; Barr,
182
+ Loudermilk, Mooney, and Taylor.
183
+ Ex officio present: Representative Waters.
184
+ Chairman Green. The Oversight and Investigations
185
+ Subcommittee will come to order.
186
+ Without objection, the Chair is authorized to declare a
187
+ recess of the subcommittee at any time. Also, without
188
+ objection, members of the full Financial Services Committee who
189
+ are not members of this subcommittee are authorized to
190
+ participate in today's hearing.
191
+ As a reminder, I ask all Members to keep themselves muted
192
+ when they are not being recognized by the Chair to minimize
193
+ disturbances while Members are asking questions of our
194
+ witnesses. The staff has been instructed not to mute Members,
195
+ except when a Member is not being recognized by the Chair and
196
+ there is inadvertent background noise.
197
+ Members are also reminded that all House rules relating to
198
+ order and decorum apply to this remote hearing. And Members may
199
+ only participate in only one remote proceeding at a time. If
200
+ you are participating today, please keep your camera on, and if
201
+ you choose to attend a different remote proceeding, please turn
202
+ your camera off.
203
+ If Members wish to be recognized during the hearing, please
204
+ identify yourself by name to facilitate recognition by the
205
+ Chair.
206
+ The title of today's hearing is, ``How Invidious
207
+ Discrimination Works and Hurts: An Examination of Lending
208
+ Discrimination and Its Long-Term Economic Impacts on Borrowers
209
+ of Color.''
210
+ We will now move to opening statements, and, in so doing, I
211
+ will recognize myself for 4 minutes for an opening statement,
212
+ with the understanding that the Chair of the Full Committee,
213
+ Chairwoman Waters, will be present at some point, and will
214
+ receive 1 minute of the additional time that we have for
215
+ opening statements.
216
+ Friends, lie on a mortgage application to secure a loan,
217
+ and you are likely to get caught and criminally prosecuted for
218
+ mortgage fraud, with jail time as a consequence. Lie as a loan
219
+ originator to deny a loan to a person of color, and you are not
220
+ likely to get caught, and if you do get caught, a civil
221
+ monetary fine is likely the consequence, and little more than
222
+ the cost of doing business.
223
+ H.R. 166, the Fair Lending for All Act, provides the best
224
+ tool available--testing--to catch, prosecute, and deter these
225
+ predatory criminal lenders.
226
+ First, H.R. 166 would provide critical tools for detecting,
227
+ ending, and sanctioning discrimination that would otherwise go
228
+ undetected. It would deter the predatory lending that
229
+ perpetuates race-based differences in wealth, asset
230
+ accumulations, income, and financial security.
231
+ There is no enforcement tool--some things bear repeating--
232
+ there is no enforcement tool with the utility of matched-pair
233
+ testing. This is why H.R. 166 creates a dedicated Federal
234
+ office within the Consumer Financial Protection Bureau (CFPB),
235
+ which would be charged with conducting such testing.
236
+ Second, H.R. 166 would expand the Equal Credit Opportunity
237
+ Act's (ECOA's) terms to expressly prohibit lending
238
+ discrimination against LGBTQ+ persons.
239
+ Finally, H.R. 166 would establish criminal penalties for
240
+ lenders and lending officials who engage in knowing and willful
241
+ discrimination in violation of ECOA.
242
+ This concludes my opening statement.
243
+ At this time, without objection, I would like to place in
244
+ the record the following documents: a GAO report dated February
245
+ 24, 2021; a document styled, ``Financial Resilience Challenges
246
+ During the Pandemic,'' which is an article from the Atlanta
247
+ Federal Reserve Bank examining the history of discriminatory
248
+ policies that leave many Black and Hispanic households less
249
+ resilient in the face of economic shock caused by the pandemic;
250
+ and a document styled, ``Mortgage Prepayment, Race, and
251
+ Monetary Policy,'' a working paper from the Boston Federal
252
+ Reserve Bank which finds that Black and Hispanic borrowers pay
253
+ more than 50-basis-points-higher interest rates than White
254
+ borrowers in a large representative sample of loans insured by
255
+ Fannie Mae and Freddie Mac.
256
+ Without objection, it is so ordered.
257
+ Having made my opening statement, it is now my honor to
258
+ yield to the ranking member of the subcommittee, Mr. Barr, for
259
+ 5 minutes for his opening statement.
260
+ Mr. Barr. Thank you, Mr. Chairman. I appreciate you
261
+ yielding, and I appreciate you holding today's hearing.
262
+ Thank you also to our witnesses for appearing today.
263
+ Discrimination in lending and other financial services is
264
+ wrong, it is illegal, and it should not be tolerated. There is
265
+ no room for compromise on that point.
266
+ While discrimination is illegal, that does not mean that
267
+ there are not large pockets of the population who continue to
268
+ be left behind by our banking system. It is important that we
269
+ review and address those problems holistically. Our discussion
270
+ on the economic impacts of inequities in the financial system
271
+ should extend to all unbanked and underbanked groups.
272
+ Economic recovery is well under way in the wake of the
273
+ COVID pandemic. Unfortunately, many Americans continue to
274
+ struggle financially. The pandemic has exposed and exacerbated
275
+ certain weaknesses in our financial system, highlighting how
276
+ large portions of the population still have trouble accessing
277
+ credit. Every American should have equal access to our
278
+ financial system regardless of their race or gender, whether
279
+ they live in urban or in rural America, or any other factor.
280
+ One area of particular concern to me is the access to
281
+ capital and other financial services in rural areas. According
282
+ to a recent FDIC study, people in rural areas are more likely
283
+ than their urban and suburban counterparts to visit a bank
284
+ branch in person to do their banking. Unfortunately, the number
285
+ of bank branches across the country continues to decrease, and
286
+ the pace of de novo bank formation has slowed significantly
287
+ compared to pre-financial crisis levels.
288
+ As there has been a movement towards online banking, we
289
+ know the challenges that rural Americans face with respect to
290
+ rural broadband, and that is another impediment.
291
+ There were 181 de novo charters granted in 2007, but
292
+ between 2010 and 2019, an average of fewer than 10 new banks
293
+ opened per year. A recent Federal Reserve study shows that 51
294
+ percent of the 3,114 counties in the United States saw net
295
+ declines in the number of bank branches between 2012 and 2017.
296
+ These declines in bank branches disproportionately hit rural
297
+ communities. A total of 794 rural counties lost a combined
298
+ 1,553 bank branches over the 5-year period, a 14-percent
299
+ decline.
300
+ The negative financial impacts on rural counties of branch
301
+ closures are perpetuated by the continuing difficulties due to
302
+ burdensome regulations and other roadblocks of de novo
303
+ community bank formation.
304
+ The Federal Reserve report identified 44 counties
305
+ considered deeply affected by trends in bank closures and
306
+ consolidation, which it defines as counties that had 10 or
307
+ fewer branches in 2012, and lost at least 50 percent of those
308
+ branches by 2017. Eighty-nine percent of the deeply affected
309
+ counties are rural counties, including Nicholas County in my
310
+ district, and counties in the districts of several of my
311
+ colleagues.
312
+ The current framework of Federal, State, and local laws
313
+ prohibits discrimination of any kind in lending. Financial
314
+ regulators have developed robust tools to ensure that regulated
315
+ firms play by those rules. To the extent that firms are failing
316
+ to comply with those rules, or that additional statutory
317
+ authority is needed to combat discrimination, we must act.
318
+ However, we must also be cautious about imposing additional
319
+ restrictions and regulations on lenders that do not accomplish
320
+ a specific goal, and monitor potential impacts of our actions
321
+ on the widespread availability of financing to creditworthy
322
+ borrowers.
323
+ Emerging technology has allowed people previously outside
324
+ the banking system to access financial services and has
325
+ enhanced lenders' ability to tailor their products to the
326
+ specific characteristics of the borrower based on race-blind
327
+ metrics. Meaningful restrictions on risk-based pricing will do
328
+ more harm than good, as creditworthy borrowers pay more for the
329
+ capital they need.
330
+ Promoting across-the-board financial inclusion should be a
331
+ top bipartisan priority for this subcommittee. I appreciate the
332
+ opportunity to discuss ways to ensure that more people,
333
+ including those currently underserved in the market, have easy,
334
+ fair, and safe access to financial services.
335
+ I look forward to working with Chairman Green to ensure
336
+ that discrimination does not occur in lending, and to promote
337
+ policies that expand access to credit and lead to long-term
338
+ economic growth. And, again, the warning is to not do away with
339
+ risk-based pricing, which I think would curtail and restrict
340
+ access to credit for creditworthy borrowers.
341
+ I look forward to hearing from our witnesses today, and I
342
+ yield back the balance of my time.
343
+ Chairman Green. Thank you, Mr. Ranking Member. I appreciate
344
+ your commentary, and I look forward to working with you.
345
+ I am told that the Chair of the Full Committee, Chairwoman
346
+ Waters, has arrived, so I will now yield to Chairwoman Maxine
347
+ Waters for 1 minute.
348
+ Chairwoman Waters. Thank you so very much. Good afternoon,
349
+ Chairman Green.
350
+ The discriminatory lending practices of the 20th Century
351
+ continue to affect minority communities long after they are
352
+ repealed. The effects of decades of government-sanctioned
353
+ discrimination continue to plague our housing and lending
354
+ markets today, ultimately hindering the ability of households
355
+ of color to build equity and accumulate wealth through
356
+ homeownership relative to White households.
357
+ Since home equity is the primary source of wealth for most
358
+ families, disparities in homeownership and home equity are key
359
+ drivers of the racial wealth gap. So, I look forward to hearing
360
+ from our witnesses today about what we can do to remedy the
361
+ continuing economic effects of discrimination.
362
+ Thank you, and I yield back the balance of my time.
363
+ Chairman Green. Thank you, Madam Chairwoman.
364
+ Let me make an announcement, if I may. We will have
365
+ additional votes, and the staff has indicated that we will make
366
+ a great attempt to wait until the first vote has expired, or
367
+ nearly expired. This way, we will be able to cast two votes and
368
+ then come back to the hearing. My hope is that we will get this
369
+ done as expeditiously as possible.
370
+ Today, I would like to welcome each of our witnesses. And I
371
+ am pleased to introduce this panel: William Darity, Jr.,
372
+ professor of public policy, African and African-American
373
+ studies, and economics at Duke University, as well as the
374
+ director of the Samuel DuBois Cook Center on Social Equity;
375
+ Lisa Rice, president and CEO of the National Fair Housing
376
+ Alliance; Andre Perry, senior fellow at the Metropolitan Policy
377
+ Program at the Brookings Institution; Frances Espinoza,
378
+ executive director of the North Texas Fair Housing Center; and
379
+ Cheryl Cooper, an analyst for the Financial Economics Division
380
+ at the Congressional Research Service.
381
+ Witnesses are reminded that your oral testimony will be
382
+ limited to 5 minutes. You should be able to see a timer--and
383
+ this timer should be on your screen--that will indicate how
384
+ much time you have left, and a chime will go off at the end of
385
+ your time. I would ask that you be mindful of the timer, and
386
+ quickly wrap up your testimony if you hear the chime, so that
387
+ we can be respectful of both the witnesses' and the committee
388
+ members' time. And without objection, your written statements
389
+ will be made a part of the record.
390
+ Once the witnesses finish their testimony, each Member will
391
+ have 5 minutes to ask questions. And may I remind Members to
392
+ please get your questions and answers in within that 5-minute
393
+ time period. Let me restate this differently; you should not,
394
+ at the end of your 5 minutes, have multiple questions to be
395
+ answered. Please be mindful of the time of other Members in
396
+ trying to get your time in within the 5 minutes.
397
+ Professor Darity, you are now recognized for 5 minutes to
398
+ give an oral presentation of your testimony.
399
+
400
+ STATEMENT OF WILLIAM DARITY, JR., PROFESSOR OF PUBLIC POLICY,
401
+ AFRICAN AND AFRICAN-AMERICAN STUDIES, AND ECONOMICS, DUKE
402
+ UNIVERSITY; AND DIRECTOR, SAMUEL DUBOIS COOK CENTER ON SOCIAL
403
+ EQUITY
404
+
405
+ Mr. Darity. Thank you, Chairman Green, Ranking Member Barr,
406
+ and members of the subcommittee.
407
+ Discrimination in access to credit and the terms of credit
408
+ is an important barrier to Black wealth accumulation.
409
+ Elimination of this barrier, albeit wholly desirable, will not
410
+ eliminate the gaping chasm in wealth between Black and White
411
+ Americans.
412
+ The fundamental reason for Black-White differences in
413
+ wealth is not high Black indebtedness. The fundamental reason
414
+ is low Black asset holdings.
415
+ A Prosperity Now study in 2019 reported that median Black
416
+ household liabilities were $30,800, while the median White
417
+ household liabilities were more than twice as large, at
418
+ $73,800. However, White households had a median level of assets
419
+ valued in excess of $260,000, in contrast with the median Black
420
+ households' assets, valued at $55,900.
421
+ The median Black household had 40 percent of the debt of
422
+ the median White household but only 20 percent of the assets.
423
+ Correspondingly, the ratio of assets to debts for Black
424
+ households was 1.6, versus 2.8 for White households, both
425
+ measured at the median.
426
+ The magnitude of the racial wealth gap, driven
427
+ predominantly by a racial difference in asset ownership, is
428
+ staggering. The 2019 Survey of Consumer Finances indicates that
429
+ the Black-White wealth gap at the median was $164,000, and at
430
+ the mean, it was substantially larger, at $840,900.
431
+ Assuming an average household size of 3 persons, the median
432
+ gap per person was $52,500 and the mean gap was $280,000. These
433
+ are conservative estimates of per-capita differentials because
434
+ the average White household size is actually less than 3
435
+ people.
436
+ Many observers treat the median gap as the target for
437
+ closing the racial wealth gap in the United States. In this
438
+ context, it may be more appropriate to set the more demanding
439
+ target at the mean.
440
+ Wealth is so densely concentrated in the United States that
441
+ 90 percent of the wealth held by White Americans is in the
442
+ possession of White households with a net worth above the White
443
+ median. Close to 99 percent of White household wealth is held
444
+ by those with a net worth above the national median,
445
+ approximately $100,000. Twenty-five percent of White households
446
+ have a net worth in excessive of $1 million, in contrast with
447
+ only 4 percent of Black households.
448
+ The limitations of an exclusive focus on debt reduction
449
+ rather than asset building comes into stark relief when
450
+ considering a policy of student loan relief. Whether one
451
+ eliminates student debt by trying to erase the difference at
452
+ the median or the mean, there will be at best an incremental
453
+ effect on the racial wealth differential.
454
+ The net reduction in the gap will be $1,856 after we adjust
455
+ for the enrollment rates that are different between the two
456
+ communities. And, therefore, the reduction amounts to only 3
457
+ percent of the total median gap of $52,500. It amounts to less
458
+ than 1 percent at the mean gap of $280,000.
459
+ Indeed, the key to understanding the sources of the racial
460
+ wealth gap is government policy that supported the
461
+ underdevelopment of asset accumulation in the Black community.
462
+ In January 1865, General William T. Sherman, after
463
+ Secretary of War Edwin Stanton and he held a consultation with
464
+ a group of Black leaders in Savannah, Georgia, issued Special
465
+ Order No. 15. His directive assigned 5.3 million acres of land,
466
+ stretching from the Sea Islands of South Carolina to the
467
+ portion of northern Florida bordered by the St. Johns River, as
468
+ a site for settlement and property for the newly emancipated.
469
+ Here was an intended preliminary phase of a substantial
470
+ land reform on behalf of the formerly enslaved that would have
471
+ amounted to at least 40 million acres of land for the 4 million
472
+ persons released from bondage.
473
+ Ultimately, only 40,000 persons settled on 400,000 acres,
474
+ but even that small allotment was lost by the end of the year.
475
+ Andrew Johnson, Lincoln's successor, ended the land allocation
476
+ program and restored the properties to the former slaveholders.
477
+ The promise of 40-acre land grants remained unfulfilled.
478
+ Simultaneously, the Federal Government, under the auspices
479
+ of the Homestead Act of 1862, was distributing 160-acre tracts
480
+ of lands to upwards of 1.5 million White families in the
481
+ western territories. This huge asset-building policy resulted
482
+ in benefits carrying over to a conservative estimate of 45
483
+ million White living descendants of Homestead Act patents.
484
+ The racial wealth gap in the United States originates with
485
+ the failure to give the formerly enslaved 40 acres, while White
486
+ Americans, including new immigrants, were given 160 acres of
487
+ land.
488
+ Conditions worsened with wave upon wave of White massacres
489
+ that took place between the end of the Civil War and World War
490
+ II. In the Red Summer of 1919, upwards of 35 White terrorist
491
+ actions took place across the country in locations ranging from
492
+ Chicago, Illinois; to Omaha, Nebraska; to Washington, D.C.; to
493
+ Elaine, Arkansas.
494
+ The most famous of these--
495
+ Chairman Green. Professor, I am going to have to ask that
496
+ you summarize quickly, please.
497
+ Mr. Darity. Okay--took place in Tulsa, Oklahoma, in 1921.
498
+ I would add that the destruction of Black property and the
499
+ appropriation of Black property that was lost in that period of
500
+ time was compounded by the policies in the 20th Century that
501
+ discriminatorily provided support for asset building in the
502
+ form of homeownership.
503
+ Indeed, the effects of these disparities transmitted across
504
+ generations resulted in the contemporary Black-White wealth
505
+ gap. And the disproportionate growth in Black debt matters in
506
+ explaining America's racial wealth gap, but the
507
+ disproportionate deprivation of Black assets matters far more.
508
+ By all means, we should take steps to make the credit
509
+ market more racially equitable, but if our goal is to eliminate
510
+ the Black-White difference in wealth, the focus must be placed
511
+ on building Black assets to a level consistent with White asset
512
+ ownership.
513
+ [The prepared statement of Mr. Darity can be found on page
514
+ 44 of the appendix.]
515
+ Chairman Green. Thank you, Professor.
516
+ Ms. Rice, you are now recognized for 5 minutes to give your
517
+ oral presentation.
518
+
519
+ STATEMENT OF LISA RICE, PRESIDENT AND CEO, NATIONAL FAIR
520
+ HOUSING ALLIANCE (NFHA)
521
+
522
+ Ms. Rice. Chairwoman Waters, Subcommittee Chair Green,
523
+ Subcommittee Ranking Member Barr, and other members of the
524
+ subcommittee, I want to first thank you for inviting me to talk
525
+ about this really important issue.
526
+ Housing and lending discrimination have been a part of the
527
+ United States since its inception, and have helped create the
528
+ racial wealth and homeownership gaps that Professor Darity has
529
+ just spoken about.
530
+ Due to government-sanctioned discriminatory policies as
531
+ well as private-market practices, underserved groups have been
532
+ systemically excluded from wealth-building opportunities such
533
+ as homeownership.
534
+ These groups still experience high levels of
535
+ discrimination. There are over 4 million instances of housing
536
+ discrimination each year. Redlining, which persists in various
537
+ forms today, real estate sales discrimination, appraisal bias,
538
+ lending discrimination, and tech bias are significant barriers
539
+ that keep the dream of homeownership from becoming a reality
540
+ for many people, and contribute to the racial wealth gap.
541
+ Moreover, structural barriers, such as the dual credit
542
+ market, segregation, and restrictive zoning ordinances, create
543
+ systemic impediments which significantly prohibit the ability
544
+ of people of color to access fair housing and fair lending
545
+ opportunities and perpetuates the racial wealth and
546
+ homeownership gaps.
547
+ The segregation of people based on race, coupled with the
548
+ segregation of resources, drives many of the disparities in
549
+ health, education, wealth, and many other areas. And these
550
+ structural barriers, these structural inequities are a reason
551
+ that Blacks, Latinos, and Native Americans are contracting and
552
+ dying from the COVID virus at disproportionately higher rates
553
+ than their White counterparts.
554
+ Segregation is also a driver of the racial homeownership
555
+ gaps. The homeownership rate for Black Americans, for example,
556
+ is where it was when the Fair Housing Act was passed in 1968.
557
+ And the homeownership gap between Blacks and Whites is as wide
558
+ today as it was in 1890.
559
+ There are many ways that invidious discrimination harms
560
+ communities. For example, many of the technologies used in the
561
+ housing and financial services space are biased, and
562
+ discriminate against consumers of color. Tenant screening
563
+ selection tools, automated underwriting systems, credit scoring
564
+ models, risk-based pricing systems, and digital marketing
565
+ platforms all have discriminatory outcomes and lock people out
566
+ of housing opportunities.
567
+ Too many people experience discrimination when they seek to
568
+ access housing and housing-related opportunities. Newsday
569
+ recently completed an in-depth testing project on Long Island,
570
+ New York, in which they found that 49 percent of African
571
+ Americans, 39 percent of Hispanics, and 19 percent of Asian
572
+ Americans experienced discrimination, including racial
573
+ steering.
574
+ Real estate discrimination can take on myriad forms, and
575
+ our recent lawsuit against Redfin illustrates that: NFHA and
576
+ nine of our member organizations conducted a comprehensive
577
+ investigation of Redfin, one of the nation's largest real
578
+ estate companies. The investigation uncovered disturbing
579
+ practices that suggested really wide-scale discrimination and
580
+ modern-day technology-based real estate redlining. The groups
581
+ found that Redfin offered its best available service at
582
+ significantly higher rates in extremely White communities, and
583
+ offered no service for homes in communities of color at much
584
+ greater rates than in predominantly White areas.
585
+ Appraisal bias and lending discrimination are also still
586
+ too common. Analysis of Home Mortgage Disclosure Act (HMDA)
587
+ data revealed that communities of color are still being
588
+ redlined by mainstream financial institutions.
589
+ One way to overcome discrimination is to increase funds for
590
+ testing programs. And the Supreme Court has stated that testing
591
+ is one of the best mechanisms for ferreting out discrimination.
592
+ This is why the National Fair Housing Alliance supports the
593
+ Fair Lending for All Act, which would help address longstanding
594
+ barriers to fair and equal credit by adding sexual orientation
595
+ and gender identity protections to the Equal Credit Opportunity
596
+ Act, but would also make it illegal to discriminate against
597
+ people based on geographical location, and re-empower the
598
+ Consumer Financial Protection Bureau (CFPB) to address fair-
599
+ lending issues and to test for fair-lending violations.
600
+ And I thank you.
601
+ [The prepared statement of Ms. Rice can be found on page 60
602
+ of the appendix.]
603
+ Chairman Green. Thank you very much, Ms. Rice, for your
604
+ testimony.
605
+ Mr. Perry, you are now recognized for 5 minutes to give an
606
+ oral presentation of your testimony.
607
+
608
+ STATEMENT OF ANDRE M. PERRY, SENIOR FELLOW, METROPOLITAN POLICY
609
+ PROGRAM, THE BROOKINGS INSTITUTION
610
+
611
+ Mr. Perry. Chairwoman Waters, Chairman Green, Ranking
612
+ Member Barr, Vice Ranking Member Timmons, thank you for
613
+ inviting me to testify today on this extremely important issue
614
+ that affects millions of people across the country.
615
+ ``We are here today because we are tired. We are tired of
616
+ paying more for less.''
617
+ Dr. Martin Luther King, Jr., said those words in 1966, to
618
+ 35,000 people in Chicago's Soldier Field, as part of the
619
+ Chicago Freedom Movement, also known as the Chicago Open
620
+ Housing Movement. Dr. King went on to relay housing price
621
+ differences that resulted in Black people paying higher rents
622
+ in Black-majority communities for worse housing than their
623
+ White counterparts.
624
+ ``Now is the time to make real the promises of democracy,''
625
+ Dr. King declared. ``Now is the time to open the doors of
626
+ opportunity to all of God's children.''
627
+ More than half a century later, now is still the time.
628
+ According to the most recent Census figures, the Black
629
+ homeownership rate in America is 46 percent, almost the exact
630
+ same level that it was when Dr. King spoke in 1966. This is
631
+ compared to the White homeownership rate, which is roughly 74
632
+ percent.
633
+ Even as overall U.S. homeownership has grown over the last
634
+ 2 decades, there has been a catastrophic loss of homeownership
635
+ in key cities that have large shares of Black residents.
636
+ When people in Black neighborhoods do own homes, we accrue
637
+ less wealth. Homeowners in disproportionately Black and Latino
638
+ neighborhoods are gaining wealth at about half the speed of
639
+ homeowners in predominantly White neighborhoods.
640
+ One of the reasons is that these homes are devalued. In the
641
+ 2018 Brookings report, ``The Devaluation of Assets in Black
642
+ Neighborhoods,'' Jonathan Rothwell, David Harshbarger, and I
643
+ found that, even after accounting for structural
644
+ characteristics such as square footage, age, and number of
645
+ bedrooms, as well as neighborhood characteristics such as crime
646
+ and school quality, homes in Black neighborhoods were valued,
647
+ on average, $48,000 less than they would have been if the
648
+ residents of the neighborhood were mostly White. That is a
649
+ cumulative loss of $156 billion nationwide.
650
+ And we witness viral news stories revealing how appraisers
651
+ value Black and White homeowners differently. In Jacksonville,
652
+ Florida, a mixed-race family looking to sell their home in a
653
+ predominantly White neighborhood received an original appraisal
654
+ of $330,000. After presenting a White owner, a second appraisal
655
+ came in $135,000 higher.
656
+ A similar incident occurred in Denver. Again, after the
657
+ family removed indicators of Blackness, the home increased in
658
+ value by $145,000. In San Francisco, a second appraisal
659
+ increased its value by $500,000.
660
+ ``We are here today because we are tired. We are tired of
661
+ paying more for less.''
662
+ These seemingly individual acts of racism are part and
663
+ parcel of a structural problem. The housing market is
664
+ structured to disproportionately exclude Black and Brown
665
+ households.
666
+ For instance, our zoning codes and building practices are
667
+ streamlined to deliver large, single-family homes. My
668
+ colleague, Tracy Loh, and I showed in a recent study that, for
669
+ decades, the very largest houses--four or more bedrooms--have
670
+ grown as a share of all housing inventory, while smaller homes,
671
+ which are more affordable for low-wealth families, have
672
+ stagnated or declined.
673
+ Over 6 million Black and Brown millennials would be
674
+ considered mortgage-ready if there were any attainable homes
675
+ for sale in prime locations.
676
+ Black buyers are subjected to racist steering practices
677
+ when looking for a home. When applying for a loan, Black buyers
678
+ are perceived as higher-risk, leading to more denials and
679
+ higher interest rates.
680
+ Devaluation limits the amount of gain from refinancing. As
681
+ we have heard, bad appraisals also rob families of wealth.
682
+ And all of these housing industry actors blame each other
683
+ for the problem.
684
+ ``We are here today because we are tired. We are tired of
685
+ paying more for less.''
686
+ We made individual racism in the housing market illegal,
687
+ and when it finds its way back in, we make a headline. But
688
+ structural racism rigs the game from the start. The root cause
689
+ for these negative trends is structural racism, which is
690
+ systemic. To unlock the potential of Black neighborhoods and
691
+ their residents, systemic racism must be pulled at its roots,
692
+ rather than trimmed neatly, only to grow again.
693
+ Thank you for my time.
694
+ [The prepared statement of Mr. Perry can be found on page
695
+ 52 of the appendix.]
696
+ Chairman Green. Thank you, Mr. Perry.
697
+ Ms. Espinoza, you are now recognized for 5 minutes to give
698
+ an oral presentation of your testimony.
699
+
700
+ STATEMENT OF FRANCES ESPINOZA, EXECUTIVE DIRECTOR, NORTH TEXAS
701
+ FAIR HOUSING CENTER
702
+
703
+ Ms. Espinoza. Thank you, Chairman Green, Ranking Member
704
+ Barr, and subcommittee members.
705
+ The North Texas Fair Housing Center is a nonprofit
706
+ organization that provides fair-housing services to residents
707
+ of north Texas. Our services consist of fair-housing
708
+ counseling, intake, and investigation of housing discrimination
709
+ complaints, and fair-housing education.
710
+ It has been 50 years since the Federal Fair Housing Act
711
+ banned racial discrimination in lending, yet African-American
712
+ and Latino applicants continue to be routinely denied
713
+ conventional mortgage loans at rates far higher than their
714
+ White counterparts.
715
+ In 2011, the North Texas Fair Housing Center did an
716
+ analysis of Home Mortgage Disclosure Act data and found that
717
+ African-American and Latino mortgage applicants were denied
718
+ conventional mortgages at much higher rates than Whites in the
719
+ Dallas-Fort Worth market.
720
+ For example, African-American mortgage applicants to Wells
721
+ Fargo Bank were 57 percent less likely to get a home purchase
722
+ loan when compared to White applicants. Latino mortgage
723
+ applicants to Chase Bank were 64 percent less likely to get a
724
+ loan than were White applicants. Home Mortgage Disclosure Act
725
+ data from 2015 and 2016 confirmed the same pattern.
726
+ One of the most valuable tools we use to investigate
727
+ housing discrimination is testing. Testing allows us to compare
728
+ how applicants of color are treated as compared to their White
729
+ counterparts.
730
+ As part of our enforcement program, we use the results of
731
+ testing as evidence in housing discrimination complaints. We
732
+ file both administrative complaints with the U.S. Department of
733
+ Housing and Urban Development and lawsuits in Federal court.
734
+ The most common form of testing we do is rental testing. In
735
+ 2011, we conducted rental testing which showed that African
736
+ Americans who were otherwise qualified encountered
737
+ discrimination in 37 percent of their housing searches. This
738
+ means that African Americans face discrimination in two out of
739
+ every five housing searches.
740
+ The testing also showed that Latinos experienced
741
+ discrimination in 33 percent of their housing searches, or at
742
+ least once in every three housing searches.
743
+ In our most recent enforcement initiative in 2019, we
744
+ conducted tests to measure how veterans with Housing Choice
745
+ Vouchers were treated in the housing market in Dallas, Texas.
746
+ We conducted a total of 35 tests, and the results of 32 of them
747
+ showed evidence of discrimination. We filed housing
748
+ discrimination administrative complaints for all 32 tests.
749
+ The next most common form of testing that we do is sales
750
+ testing. These tests measure how real estate agents treat
751
+ buyers of color as compared to their White counterparts. In
752
+ 2018, we conducted sales tests which showed that African-
753
+ American testers are still being steered, based on their race,
754
+ to neighborhoods that are predominantly African-American and
755
+ steered away from neighborhoods that are majority-White.
756
+ Unlike rental and sales testing, mortgage lending testing
757
+ is very resource-intensive. One of the challenges is the
758
+ significant amount of time that testers must devote to each
759
+ test. Unlike rental tests, which can be completed rather
760
+ quickly, lending interviews involve several complex financial
761
+ components, even at the pre-application stage. Testers must
762
+ also be knowledgeable about the entire lending process.
763
+ Rental, sales, and lending testing can all be used to
764
+ uncover practices that lead to segregation of neighborhoods.
765
+ However, there is a particular need to devote resources to
766
+ lending testing because it is so resource-intensive.
767
+ There is also a need for enforcement of complaints based on
768
+ lending testing evidence. Because lending testing cases are
769
+ more complex, they sometimes languish in the administrative
770
+ process. There is a need for a strong entity with an expertise
771
+ in lending discrimination that can take the testing evidence
772
+ generated by local fair-housing organizations and move forward
773
+ with enforcement that will thwart illegal practices.
774
+ Thank you for inviting me. My statement is complete.
775
+ [The prepared statement of Ms. Espinoza can be found on
776
+ page 50 of the appendix.]
777
+ Chairman Green. Thank you very much, Ms. Espinoza.
778
+ Ms. Cooper, you are now recognized for 5 minutes to give an
779
+ oral presentation of your testimony.
780
+
781
+ STATEMENT OF CHERYL R. COOPER, ANALYST, FINANCIAL ECONOMICS
782
+ DIVISION, CONGRESSIONAL RESEARCH SERVICE
783
+
784
+ Ms. Cooper. Chairman Green, Ranking Member Barr, and
785
+ members of the subcommittee, thank you for the opportunity to
786
+ testify today.
787
+ My name is Cheryl Cooper, and I am an analyst in financial
788
+ economics at the Congressional Research Service (CRS), focusing
789
+ on consumer finance markets and policy issues. For those who
790
+ might be unfamiliar with CRS, our role is to provide objective,
791
+ nonpartisan research and analysis to Congress.
792
+ Any arguments presented in my testimony are for the
793
+ purposes of informing Congress and not to advocate for a
794
+ particular policy outcome.
795
+ My testimony today will focus on disparities in access to
796
+ financial products and services, including racial, ethnic,
797
+ income, age, and geographic disparities. In particular, I will
798
+ focus on discussing disparities in access to banking services
799
+ and disparities in inclusion in the credit reporting system.
800
+ These areas are generally considered foundational for
801
+ households to successfully manage their financial affairs and
802
+ to graduate to wealth-building activities in the future, like
803
+ homeownership.
804
+ Consumers often rely on family or community connections to
805
+ get their first bank account, establish a credit history, and
806
+ gain access to affordable credit. However, research suggests
807
+ that disparities in family wealth or in community relationships
808
+ with financial institutions can potentially persist across
809
+ generations.
810
+ A factor that may be influencing racial disparities is the
811
+ intergenerational effects of discrimination--for example,
812
+ historical mortgage lending practices, redlining practices.
813
+ Moreover, violations in fair-lending laws can cause harm to
814
+ consumers who do not get access to financial services. This is
815
+ important because safe and affordable financial services are an
816
+ important tool for most American households to help them avoid
817
+ financial hardship and build assets over the course of their
818
+ lives.
819
+ According to the FDIC's 2019 survey, over 5 percent of
820
+ households in the United States were unbanked, meaning that
821
+ these households did not have a bank account. In addition, over
822
+ 17 percent of households used a nonbank financial transaction
823
+ service, like a money order, a check-cashing, or a bill payment
824
+ service.
825
+ These households are disproportionately of a racial or
826
+ ethnic minority and tend to be lower-income, younger, and have
827
+ less formal education. Urban and rural households are more
828
+ likely to be unbanked, compared to suburban households.
829
+ Unbanked households report that they do not have a bank
830
+ account because they do not have enough money, they don't trust
831
+ banks, they have privacy concerns, and they want to avoid high
832
+ and unpredictable bank fees.
833
+ These disparities in access are significant because some
834
+ research suggests the importance of emergency savings and
835
+ affordable payment transactions. Also, developing a
836
+ relationship with a bank can sometimes lead to access to other
837
+ financial products, helping young consumers develop a credit
838
+ history.
839
+ A limited credit history may serve as a barrier to
840
+ achieving affordable credit, yet consumers also can't develop a
841
+ credit history without access to credit products. This chicken-
842
+ and-egg situation can make it difficult for some people to
843
+ enter the credit reporting system.
844
+ According to the CFPB, credit scores can't be generated for
845
+ approximately 20 percent of the U.S. population due to their
846
+ limited credit histories. Limited credit history is correlated
847
+ with age, income, race, and ethnicity. Many of these consumers
848
+ are young. For example, 40 percent of credit invisibles are
849
+ under 25-years-old. These consumers are disproportionately
850
+ Black or Latino and live in lower-income or rural
851
+ neighborhoods.
852
+ Most young adults transition into the credit reporting
853
+ system in their early twenties. Young adults in lower-income
854
+ and rural neighborhoods tend to make the transition to credit
855
+ visibility at older ages than young adults in higher-income
856
+ areas. And, notably, in lower-income communities, it is less
857
+ common to enter the credit reporting system through what is
858
+ called, ``piggybacking,'' or becoming a joint account holder or
859
+ authorized user on another person's account, such as a parent's
860
+ account.
861
+ The disparities in inclusion to the credit reporting system
862
+ are significant because it is generally a precursor to gain
863
+ access to affordable credit and eventually to homeownership.
864
+ Thank you for your time, and I am happy to answer any
865
+ questions that you have.
866
+ [The prepared statement of Ms. Cooper can be found on page
867
+ 32 of the appendix.]
868
+ Chairman Green. Thank you very much, Ms. Cooper.
869
+ The Chair will now recognize Members for questions.
870
+ The gentleman from Missouri, Mr. Cleaver, who is also the
871
+ Chair of our Subcommittee on Housing, Community Development,
872
+ and Insurance, is now recognized for 5 minutes.
873
+ Mr. Cleaver. Thank you, Mr. Chairman. I appreciate this
874
+ opportunity. And I think this is exactly the kind of hearing
875
+ that we need, so thank you.
876
+ Where I would like to center my discussion, my questions,
877
+ is on the fact that the current Federal public policies operate
878
+ to perpetuate or expand the racial wealth gap.
879
+ So, I would like to ask any of the panelists, are there
880
+ Federal public policies that actually contribute to the
881
+ exclusion of African Americans, Brown people, people of color?
882
+ And what impact does it have on the wealth gap? I am talking
883
+ about Federal policies.
884
+ Mr. Perry. I will take a stab at that.
885
+ One of the things I am noticing is that current legislation
886
+ does not address wealth in this country. We measure almost
887
+ everything by income. And by doing so, you essentially abdicate
888
+ responsibilities of dealing with the structures that created
889
+ the gaps in the first place. In many different systems--
890
+ housing, education, and other areas--if you don't address the
891
+ wealth gap, you essentially gloss over the problem.
892
+ In addition, we also have a race and space problem. Because
893
+ racist policies have followed Black people, we see
894
+ discrimination in rural communities, in urban communities, in
895
+ suburbs. And, for my take, it is hard to not have a race and
896
+ place approach to change.
897
+ And so, for me, it is not necessarily what the Federal
898
+ Government is doing; it is what the Federal Government is not
899
+ doing, not measuring, not testing. Because we have ample data
900
+ that shows the impact of our policies, but what we have not
901
+ done is really get at the reasons, the causes for these
902
+ disparities.
903
+ Mr. Cleaver. Yes. I think you are making a case for the
904
+ increase of the minimum wage, and I think that is going to--
905
+ that is a debate we are having right now.
906
+ Ms. Rice. Congressman, if I can add to that, too, there are
907
+ a lot of policies that perpetuate racial disparity. So, in
908
+ terms of Federal policies: the recently promulgated cap rule
909
+ that was promulgated by the Federal Housing Finance Agency; the
910
+ GSE LLPA structure, the loan-level pricing adjustment
911
+ structure, discriminates against communities of color; the
912
+ current Affirmatively Furthering Fair Housing rule that was
913
+ promulgated several months ago by the Department of Housing and
914
+ Urban Development, which really eviscerates our civil rights
915
+ rules; and the current Disparate Impact rule that was
916
+ promulgated by the Department of Housing and Urban Development
917
+ several months ago, which also eviscerates a major civil rights
918
+ tool that we have for addressing discriminatory policies.
919
+ So, there are many, many Federal policies that right now,
920
+ work to perpetuate discriminatory outcomes.
921
+ Mr. Cleaver. Thank you.
922
+ I think my time is running down, so I appreciate both you
923
+ and Mr. Perry for your comments. Thank you.
924
+ Chairman Green. The gentleman yields back.
925
+ The Chair now recognizes the ranking member of the
926
+ subcommittee, Mr. Barr, for 5 minutes.
927
+ Mr. Barr. Thank you, Mr. Chairman.
928
+ Last year, I introduced H.R. 8410, the Promoting Access to
929
+ Capital in Underbanked Communities Act, which is designed to
930
+ spur de novo bank formation and promote banking services in
931
+ underserved areas.
932
+ The bill would ease the up-front burden of opening a bank,
933
+ and provide incentives for banks to open and operate in rural
934
+ areas. The bill is intended to address the problem of deeply
935
+ affected counties that I referenced in my opening statement,
936
+ which have lost a large portion of their bank branches.
937
+ Ms. Cooper, how have bank closures in rural communities
938
+ impacted customers living in those areas? What long-term issues
939
+ will arise if rural communities continue to face an
940
+ unprecedented number of bank closures? And we anticipate that,
941
+ given the trend of bank consolidation. Could a bill like the
942
+ one I just referenced, designed to promote more banking
943
+ activity in rural and otherwise underserved areas, help with
944
+ those problems?
945
+ Ms. Cooper. Thank you so much for your question,
946
+ Congressman.
947
+ As I mentioned in my oral statement, there are geographic
948
+ disparities that exist in terms of access to financial
949
+ products. And as you mentioned and I mentioned, research
950
+ suggests that, for consumers living in rural areas, these
951
+ consumers may be living farther from bank branches or also may
952
+ be less likely to have access to high-speed internet, and both
953
+ of these factors could possibly make it more difficult for
954
+ consumers to access quality banking services.
955
+ We at CRS don't advocate for a particular policy outcome,
956
+ but I would be happy, after this hearing, to look at the bill
957
+ with some of my CRS colleagues.
958
+ Also, in general, around trends in terms of consolidation
959
+ in the banking industry, this has been happening for decades.
960
+ We have seen a reduction in community banks for the past few
961
+ decades, particularly a reduction in bank branch openings in
962
+ the past decade.
963
+ And there are a lot of different factors that are leading
964
+ to this trend. In general, economists would say that you are
965
+ starting to see economies of scale, which basically means that
966
+ big banks are becoming more profitable than smaller banks to
967
+ operate. And that is probably part of the reason why we are
968
+ seeing this consolidation in the banking industry.
969
+ Mr. Barr. Ms. Cooper, I did see, though--and I respect that
970
+ CRS doesn't make policy endorsements, but I did see in your
971
+ testimony, in the, ``Possible Policy Responses'' section,
972
+ ``Bank Regulation Changes,'' that you mentioned the Community
973
+ Reinvestment Act (CRA). And I think, for our friends and
974
+ neighbors in underserved parts of our country in both urban and
975
+ rural areas, this is something that I think would be welcome,
976
+ to give banks more credit for bank account outreach activities
977
+ in those underserved areas.
978
+ Do you have any specifics on that? We saw an effort by the
979
+ OCC, and Lael Brainard at the Federal Reserve, to update the
980
+ CRA, but how can we give incumbent banks and new banks in these
981
+ underserved areas credit for originating loans under the CRA?
982
+ Ms. Cooper. Yes. Thank you so much for that question.
983
+ You are right, one of the things that I mentioned in terms
984
+ of possible policy options for expanding access to credit was
985
+ possible proposed changes to bank regulation. So, this is one
986
+ of the areas where we see proposals on this.
987
+ For example, I know the bank regulators have stated that
988
+ they were considering changes to the Community Reinvestment Act
989
+ to give banks more credit for bank account outreach activities
990
+ in underserved communities. But I think there are trade-offs to
991
+ these type of policies.
992
+ The positive, as you were saying, is that it can encourage
993
+ bank outreach and connect more consumers to banks. But I think
994
+ the flip side to it is, also, it could give credit for what
995
+ some may consider effectively marketing, rather than the
996
+ intention of the law, which was to encourage lending in
997
+ underserved communities.
998
+ Mr. Barr. Thank you.
999
+ Ms. Cooper. This is an area where there--
1000
+ Mr. Barr. Thank you.
1001
+ And just reclaiming my time, in the final time I have, how
1002
+ is compliance under the Equal Credit Opportunity Act currently
1003
+ tested? And is there any indication that the testing regime
1004
+ needs to be strengthened? Or do regulators currently have
1005
+ enough authority to enforce that law?
1006
+ And that is again to you, Ms. Cooper.
1007
+ Ms. Cooper. Yes. Thank you so much for that question. And
1008
+ we are running out of time, so let me get back to you with
1009
+ that. I am happy to answer that question with one of my CRS
1010
+ colleagues.
1011
+ Mr. Barr. Mr. Chairman, my time has expired, and I know
1012
+ that is a subject or a topic that is part of your legislation,
1013
+ so I invite any or all of the witnesses to comment on that and
1014
+ how we can make sure the ECOA is tested.
1015
+ With that, I yield back.
1016
+ Chairman Green. The gentleman's time has expired. And the
1017
+ witness may respond in writing to the gentleman's question.
1018
+ The Chair will now recognize Ms. Adams, the gentlelady from
1019
+ North Carolina.
1020
+ Ms. Adams. Thank you, Mr. Chairman.
1021
+ And thank you to our witnesses for your testimony today.
1022
+ Mr. Darity and Mr. Perry, you have both have done extensive
1023
+ research and writing on economic and racial inequity in the
1024
+ United States. In today's hearing, we focus primarily on how
1025
+ lending discrimination harms individual borrowers of color, but
1026
+ I am curious to hear your thoughts on how the same dynamics,
1027
+ primarily racism, also impact institutions of color, such as
1028
+ Historically Black Colleges and Universities (HBCUs).
1029
+ In December of 2019, a study in the Journal of Financial
1030
+ Economics found that HBCUs pay higher underwriting fees to
1031
+ issue tax-exempt bonds compared with similar non-HBCUs,
1032
+ apparently reflecting higher costs of finding willing buyers.
1033
+ The effect is 3 times larger in the Deep South, where racial
1034
+ animus remains the most severe.
1035
+ For example, identical fee differences are observed between
1036
+ HBCUs and non-HBCUs with triple-A ratings or when insured by
1037
+ the same company, even before the 2007-2009 financial crisis.
1038
+ HBCU-issued bonds are also more expensive to trade in secondary
1039
+ markets and, when they do, sit in inventory longer.
1040
+ So are you familiar with this type of institutional lending
1041
+ discrimination? And what policy steps can we take to collect
1042
+ more data on the prevalence of this issue and ultimately to
1043
+ eradicate this type of harmful discrimination in lending for
1044
+ institutions that have been historically underserved and
1045
+ undervalued?
1046
+ Mr. Darity. It is my impression that this is a serious
1047
+ problem, but I think it is compounded or generated by the fact
1048
+ that Historically Black Colleges and Universities have such low
1049
+ endowment levels that they are then pressured to go into the
1050
+ credit market, a discriminatory credit market, to gain
1051
+ resources.
1052
+ Another way to think about improving their circumstances is
1053
+ something that I think is applicable to individual households
1054
+ as well, which is, we need to build the wealth position of
1055
+ those institutions in such a way that they don't have the same
1056
+ type of pressure to seek predatory lending options to try to
1057
+ maintain their operations.
1058
+ And we should think about how we could go about building
1059
+ the endowments of Historically Black Colleges and Universities
1060
+ so that they are comparable to the endowment levels that exist
1061
+ for White institutions in the United States. That is where we
1062
+ have a very glaring and dramatic difference.
1063
+ In addition, of course, I think that we do have to confront
1064
+ these kinds of discriminatory practices. And it may be
1065
+ necessary for the Federal Government to take the step of
1066
+ providing public banking services in competition with the
1067
+ private sector to offset the types of behavior that we are
1068
+ observing that the private sector is undertaking.
1069
+ And one final comment in this context. I said that this
1070
+ parallels the conditions that we observe for households,
1071
+ because the reason why households are pushed into trying to
1072
+ seek high levels of credit under very, very difficult
1073
+ circumstances, discriminatory circumstances, is, again, because
1074
+ their initial levels of wealth are so low. So, again, I would
1075
+ say, we have to think about asset building in addition to
1076
+ trying to improve credit market conditions.
1077
+ Ms. Adams. Thank you, sir.
1078
+ Mr. Perry, did you want to comment?
1079
+ Mr. Perry. I think Mr. Darity said everything I was going
1080
+ to say. In a nutshell, I think Black institutions are treated
1081
+ like Black people. And you have school boards and universities
1082
+ that, because of their wealth position, have to take
1083
+ essentially subprime market products, for all of the reasons
1084
+ that Mr. Darity indicated.
1085
+ But I will just leave it there.
1086
+ Ms. Adams. Okay. Thank you, sir.
1087
+ Let me move on quickly. Ms. Rice, Ms. Espinoza, just how
1088
+ pervasive is lending discrimination in the United States? Is it
1089
+ widescale, or is it just a small problem?
1090
+ Ms. Rice?
1091
+ Ms. Rice. Sure. I am happy to answer that.
1092
+ Yes, it is very widescale, especially when you consider,
1093
+ Congresswoman Adams, that almost all of the technologies that
1094
+ we use in the lending space--automated underwriting systems,
1095
+ risk-based pricing systems and credit scoring systems--
1096
+ discriminate against consumers of color and other underserved
1097
+ groups.
1098
+ So the discrimination is very prevalent, which is why we
1099
+ have to really work to de-bias all of these technologies that
1100
+ we are using in the housing and financial services space.
1101
+ Ms. Adams. Okay. Is the answer--
1102
+ Chairman Green. The gentlelady's time has expired.
1103
+ Ms. Adams. Okay. Thank you very much, and, Mr. Chairman, I
1104
+ yield back.
1105
+ Chairman Green. The gentlelady's question can be answered
1106
+ in writing.
1107
+ Ms. Adams. Great. Thank you.
1108
+ Chairman Green. The gentleman from Georgia, Mr. Loudermilk,
1109
+ is now recognized for 5 minutes.
1110
+ Mr. Loudermilk. Thank you, Mr. Chairman.
1111
+ As I was preparing for this hearing, I was trying to think
1112
+ of ways that we as policymakers can help the minority
1113
+ communities have more access to financial services and wealth
1114
+ building. One thing that immediately came to mind, which is
1115
+ something that I have been working on for a long time, is
1116
+ fintech.
1117
+ In recent years, developments in the financial technology
1118
+ arena have made enormous strides toward giving minority
1119
+ consumers access to the banking system. Let me just go through
1120
+ a few of these.
1121
+ The first is mobile banking. It makes it easier than ever
1122
+ to open a checking account without having to go into a bank
1123
+ branch.
1124
+ The second is online lending. It uses fintech platforms and
1125
+ even incorporates artificial intelligence in underwriting and
1126
+ has expanded access to credit to millions of consumers who were
1127
+ credit-invisible and didn't qualify for a traditional bank
1128
+ loan.
1129
+ Prepaid cards are another. They have enabled consumers who
1130
+ do not have credit or debit cards to access e-commerce.
1131
+ And the list goes on and on.
1132
+ And it is not just in consumer finance. A recent study by
1133
+ New York University showed that fintech companies are by far
1134
+ the number-one source of Paycheck Protection Program (PPP)
1135
+ loans for Black-owned small businesses, exceeding Minority
1136
+ Depository Institutions (MDIs) and Community Development
1137
+ Financial Institutions (CDFIs). Fintechs have also been the
1138
+ number-one source of PPP lending to Hispanic-owned businesses.
1139
+ As a result of this, I offered an amendment at this
1140
+ committee's markup of the stimulus bill that would allow
1141
+ fintech companies to participate in the State Small Business
1142
+ Credit Initiative (SSBCI). Unfortunately, it was rejected by
1143
+ the Majority. I would just say, if my colleagues are interested
1144
+ in improving access to financial services for minority
1145
+ consumers, I would suggest embracing fintech instead of
1146
+ opposing it.
1147
+ Ms. Cooper, in your testimony, you said that new technology
1148
+ can provide more affordable financial products to consumers.
1149
+ Can you discuss how fintech has expanded access to credit for
1150
+ minority consumers?
1151
+ Ms. Cooper. Thank you so much for that question,
1152
+ Congressman.
1153
+ So, yes, as you just stated, I think new technology could
1154
+ potentially provide more affordable financial products to
1155
+ underserved communities, but it also could introduce consumer
1156
+ protection risks as well.
1157
+ And this is similar to what you were saying. One example of
1158
+ this, for example, would be internet-based or mobile financial
1159
+ products, which, for example, could lower the cost to provide
1160
+ payment services or other types of products, but these types of
1161
+ products could have, for example, cybersecurity or privacy
1162
+ risks as well.
1163
+ So, I think there is always a trade-off there when you are
1164
+ thinking about this stuff.
1165
+ Mr. Loudermilk. Thank you for that, and I appreciate it.
1166
+ On another note, because of these developments and what you
1167
+ have laid out, data security and data privacy laws, I think,
1168
+ need to be updated, and we need a uniform national standard. Do
1169
+ you have any thoughts on that?
1170
+ Ms. Cooper. No. In general, I would say that CRS does not
1171
+ advocate for any particular policy outcome. And I personally am
1172
+ not the one at CRS who covers those issues, but I would be
1173
+ happy to put you in touch with the CRS analyst who does, to
1174
+ work with you and your staffers.
1175
+ Mr. Loudermilk. I appreciate that.
1176
+ And as we continue to hopefully promote fintech, since it
1177
+ is very beneficial in underserved areas of our nation and
1178
+ underserved demographics, we do have to address some
1179
+ limitations, which could be the data security, because we are
1180
+ looking at more than 50 different standards with which we have
1181
+ to deal.
1182
+ So, I appreciate the time here, Mr. Chairman, and I yield
1183
+ back.
1184
+ Chairman Green. The gentleman yields back.
1185
+ The Chair now recognizes the gentlelady from Michigan, Ms.
1186
+ Tlaib, for 5 minutes.
1187
+ Ms. Tlaib. Thank you, Mr. Chairman.
1188
+ And thank you all so much for being with us.
1189
+ As we all know, despite decades of civil rights laws on the
1190
+ books, Black homeownership is plunging across the nation, with
1191
+ the worst losses happening right here in Michigan. Detroit has
1192
+ seen a dramatic shift from a city of homeowners where Black
1193
+ family members could build intergenerational wealth to, now, a
1194
+ city of renters. And the predatory lenders on Wall Street who
1195
+ crashed the economy in 2007-2008, as we know, got bailed out,
1196
+ while many of my residents got foreclosed on by the thousands.
1197
+ Redlining never ended in Detroit. In 2019, in a city of
1198
+ more than 650,000 people, there were only 1,535 mortgages
1199
+ issued. And that is up from 2012, when we only had 244
1200
+ mortgages that were reported. When mortgages are issued in
1201
+ Detroit, they go towards those who are White borrowers, who are
1202
+ a small minority of the population.
1203
+ And so, unwillingness of banks to lend in Detroit and other
1204
+ majority-Black communities pushes our residents into riskier
1205
+ arrangements, like land contracts, which offer opportunities
1206
+ but also fewer protections and have been abused by predatory
1207
+ sellers.
1208
+ Ms. Rice, we know banks aren't drawing red lines on a map
1209
+ anymore but that discrimination still persists. Can you
1210
+ describe some of the tactics and technology that lenders use
1211
+ now to perpetuate racial redlining?
1212
+ Ms. Rice. Sure. Thank you so much for that question, and it
1213
+ is a critically important issue.
1214
+ I am from Toledo, Ohio, and so I am very familiar with the
1215
+ Detroit market and other markets like it. One major problem
1216
+ that we have in cities like Detroit is that a lot of the
1217
+ housing stock is very affordable and is priced under $100,000.
1218
+ And, for a variety of reasons, it is extremely difficult in
1219
+ today's marketplace for consumers to access mortgage credit in
1220
+ the financial mainstream when you are trying to get what we
1221
+ call a smaller-dollar loan.
1222
+ The qualified mortgage rule, coupled with the LLPAs from
1223
+ the GSEs, coupled with other Federal policies, really restrict
1224
+ credit access for more affordable loans. So, that is a major
1225
+ problem.
1226
+ The other problem is the industry's overreliance on credit
1227
+ scores. Back when I was underwriting mortgages years ago, two
1228
+ of the key things that I relied on to determine a borrower's
1229
+ creditworthiness were: What are your current housing payments?
1230
+ Have you been paying your rent on time? And if you have been
1231
+ paying your current housing bill on time, you are a very good
1232
+ candidate. And, also, what is your housing payment shock? So,
1233
+ is the new mortgage that you are going to be paying appreciably
1234
+ different from the housing payment that you have been used to
1235
+ making? And if you have been paying your rent on time, and if
1236
+ there is really no housing payment shock, you are a very good
1237
+ candidate for getting credit.
1238
+ But we don't use those two indicators anymore. Today, we
1239
+ overrely on algorithmic-based systems, like credit scores,
1240
+ automated underwriting systems, that don't include those kind
1241
+ of indicators.
1242
+ And you heard one of the other panelists already testify
1243
+ that consumers of color are disproportionately credit
1244
+ invisible. So, just the systems that we have in place in order
1245
+ to give people an entrance into the financial mainstream are
1246
+ blocking folks out because those systems do not work for
1247
+ underserved communities.
1248
+ Ms. Tlaib. Thank you, Ms. Rice.
1249
+ I am not sure how much time I have, but I just want folks
1250
+ on the panel and just the public to notice that none of this
1251
+ discrimination that we are talking about today is explicitly
1252
+ spelled out in some sort of company handbook, but it is all
1253
+ implicit and cloaked in, like, proxies and codewords and
1254
+ misguided assumptions. And its effect, regardless of the
1255
+ intent, is to disproportionately deny homeownership
1256
+ opportunities to Black and Brown folks.
1257
+ We have the tools to fight it. Just last year, though,
1258
+ unfortunately, President Trump struck a huge blow to fair-
1259
+ housing protection with this disparate impact final rule which
1260
+ failed to comply with the Supreme Court's Inclusive Communities
1261
+ decision. And we need to address that, Mr. Chairman.
1262
+ We also know that, as recently as 2015, the Supreme Court
1263
+ recognized the continuing availability of disparate impact
1264
+ litigation on the Fair Housing Act. We need to restore these
1265
+ protections. They are getting watered down by conservative
1266
+ courts and decisions. And so, I just hope our subcommittee can
1267
+ proceed and be very intentional about addressing this
1268
+ discrimination that leaves a lot of my residents out of
1269
+ opportunities for economic stability.
1270
+ Thank you, and I yield back.
1271
+ Chairman Green. The gentlelady's time has expired.
1272
+ We will now hear from Mr. Mooney from West Virginia for 5
1273
+ minutes, and then, we will take our break. So if you are after
1274
+ Mr. Mooney, you might want to go cast your vote now. And we
1275
+ will cast our second vote as well. That is two votes before we
1276
+ return.
1277
+ So, please, now, Mr. Mooney, you are now recognized for 5
1278
+ minutes.
1279
+ Mr. Mooney. Thank you, Mr. Chairman.
1280
+ My concerns are going to address access to rural banking,
1281
+ generally speaking. And I am going to direct a question to Ms.
1282
+ Cooper. But I want to highlight some of the concerns related to
1283
+ getting my constituents in rural West Virginia, and others,
1284
+ access to loans, credit, and banking, any and all banking
1285
+ services in general.
1286
+ According to a survey by the FDIC, 7.8 percent of West
1287
+ Virginia households are unbanked. This puts West Virginia in
1288
+ the bottom 10 in the nation in terms of unbanked households.
1289
+ Ms. Cooper, what can we do to help rural Americans get
1290
+ access to credit and basic financial services?
1291
+ And just as a quick follow-up to that, after you answer
1292
+ that one, how do you feel the COVID-19 pandemic has affected
1293
+ efforts to reach the unbanked?
1294
+ Ms. Cooper. Thank you so much for your questions,
1295
+ Congressman.
1296
+ So, yes, in general, I know we have already spoken about
1297
+ this, and in my oral and written statements I have mentioned,
1298
+ kind of, the geographic disparity, the fact that research
1299
+ suggests consumers living in rural areas may be living farther
1300
+ from bank branches, and are less likely to have access to high-
1301
+ speed internet, and these reasons might make it more difficult
1302
+ for them to access quality banking services.
1303
+ In general, in my written testimony, I talk about some
1304
+ policy options that are often discussed in this space just
1305
+ generally to increase access to credit to consumers.
1306
+ And there are five broad types of policy approaches in this
1307
+ space: first, possible changes to bank regulation to further
1308
+ encourage banks to serve underserved communities; second,
1309
+ payment system improvements that may make bank products more
1310
+ attractive; third, financial technologies to potentially
1311
+ increase access to consumers; fourth, the government directly
1312
+ providing certain financial products directly to consumers; and
1313
+ fifth, financial education programs.
1314
+ And I would say, in terms of all of these policy options,
1315
+ they all have costs and benefits and potential unintended
1316
+ impacts and risks, but they are all things that could be
1317
+ potential places to explore in this space if you are interested
1318
+ in expanding access to credit.
1319
+ Thank you so much. And then your second question was around
1320
+ the COVID-19 pandemic? Is that correct?
1321
+ Mr. Mooney. That is correct, how you feel that affects
1322
+ efforts to reach the unbanked?
1323
+ Ms. Cooper. Yes. Thank you so much for that question.
1324
+ I am actually not aware of that much data, since the COVID-
1325
+ 19 pandemic is something that has happened in this past year,
1326
+ and the FDIC's survey that they do regularly was most recently
1327
+ done in 2019.
1328
+ But, yes, I think at least at the beginning of the
1329
+ pandemic, there were a lot of reports of more people accessing
1330
+ banking services online, given the pandemic. That pattern makes
1331
+ sense. So, I do think that is an interesting trend in this
1332
+ space.
1333
+ Mr. Mooney. Okay.
1334
+ Thank you, Mr. Chairman. I yield back.
1335
+ Chairman Green. The gentleman yields back.
1336
+ At this time, we will stand in recess for the Members to
1337
+ cast two votes and then return.
1338
+ [brief recess]
1339
+ Chairman Green. Thank you, everyone, for your patience,
1340
+ especially our witnesses. Thank you so much. It is not unusual
1341
+ for Members to have to rush out and vote, and we try to do it
1342
+ as expeditiously as possible, because we know that your time is
1343
+ very valuable
1344
+ Let me just see if Mr. Garcia of Illinois is present.
1345
+ Mr. Garcia, are you with us? If so, I will yield 5 minutes
1346
+ to you for your questions.
1347
+ We will stand in recess for a bit longer. We are awaiting
1348
+ the arrival of our ranking member and additional members, so
1349
+ please be a little bit patient with us. Thank you so much.
1350
+ [brief recess]
1351
+ Chairman Green. Friends, just to give you a quick update,
1352
+ we are not waiting on Mr. Garcia, so that you won't think that
1353
+ we are. We are waiting on our ranking member, Mr. Barr. I
1354
+ assume that he will be arriving shortly, so please continue to
1355
+ be patient with us while we await his arrival.
1356
+ Mr. Garcia of Illinois. And Mr. Garcia is on standby, Mr.
1357
+ Chairman.
1358
+ Chairman Green. Yes, sir. I have noted that you are here.
1359
+ As soon as Mr. Barr arrives, we will come right to you. Thank
1360
+ you so much, Mr. Garcia.
1361
+ Friends, if I may have your attention, please, the hearing
1362
+ will now return to order.
1363
+ We will continue with questions. And next in order for
1364
+ questions will be Mr. Garcia of Illinois. Mr. Garcia, you are
1365
+ recognized for 5 minutes to ask your questions.
1366
+ Mr. Garcia of Illinois. Thank you so much, Mr. Chairman,
1367
+ for convening this important meeting.
1368
+ When we talk about wealth in this country and opportunities
1369
+ to build wealth, we have to talk about housing. So when I think
1370
+ about the wealth gap, I think about neighborhoods like mine. I
1371
+ represent a working class, mostly Latino community in Chicago.
1372
+ I have lived here for more than 50 years. Most of my
1373
+ constituents are renters, and the housing crisis they are
1374
+ facing now under COVID-19 isn't new.
1375
+ My neighbors are squeezed. On the one hand, our community
1376
+ can't get the investment they need. On the other hand, working-
1377
+ class Latino and Black people are being pushed out of their own
1378
+ neighborhoods by wealthier White residents who do have access
1379
+ to capital. So, I am glad to talk with you today to learn more
1380
+ about what is driving that and what we can do to support
1381
+ working-class communities and communities of color especially.
1382
+ I thank all of the witnesses for being here.
1383
+ I would like to ask Ms. Espinoza a question on bank
1384
+ mergers. This country had 12,000 banks in 1990, and now it has
1385
+ fewer than 5,000. The Fed and the Department of Justice rubber-
1386
+ stamped bank merger applications without a second thought, even
1387
+ though mergers can often close down local bank branches and
1388
+ leave communities underserved.
1389
+ Do you find that consolidation in the banking industry has
1390
+ a negative impact on marginalized communities, and does it hurt
1391
+ access to credit in communities like mine?
1392
+ Ms. Espinoza. It does hurt access to credit, and one of the
1393
+ things that we have seen here with the bank mergers is that the
1394
+ Community Reinvestment Act (CRA) requirements don't change when
1395
+ banks merge. Instead of them having to do twice the amount, for
1396
+ example, by merging, they are actually having to do less under
1397
+ the CRA. So, it is definitely hurting people, and it hurts
1398
+ people of color because as they merge, they seem to close down
1399
+ branches in minority neighborhoods that are predominantly
1400
+ African American and Latino.
1401
+ Mr. Garcia of Illinois. Okay. Thank you.
1402
+ Mr. Perry, in your testimony, you mentioned recent high-
1403
+ profile instances of the appraisal gap, that is, when a
1404
+ family's home is appraised at a low value because of racial
1405
+ discrimination. This is a huge problem in my City of Chicago.
1406
+ Could you talk a little bit more about how the appraisal
1407
+ gap hurts communities that have always had a hard time getting
1408
+ loans, and what can Congress and housing advocates do to get
1409
+ help?
1410
+ Mr. Perry. Yes, that is a difficult one, because Congress
1411
+ does not authorize appraisals. However, there are some key
1412
+ areas that we know are at fault. We know that the price
1413
+ comparison model in which homes are compared to other homes in
1414
+ similar neighborhoods essentially recycles racism, because if
1415
+ you are essentially measuring homes against other homes that
1416
+ have been impacted by discrimination, you really never get a
1417
+ sense of values.
1418
+ The other area that is clear that home improvements are not
1419
+ treated the same in Black and Brown communities as they are in
1420
+ White communities, and we see that time and time again.
1421
+ And there is one other area, and this is the area--the
1422
+ Dodd-Frank Act created an arm's-length relationship between
1423
+ appraisers and lenders, and it seems that in some communities,
1424
+ it is very strict, where lenders and appraisers don't talk at
1425
+ all, and it results in loans falling through, where in White
1426
+ communities, there seems to be enough communication to come to
1427
+ an agreed-upon price. And so those are the three areas where I
1428
+ see of some of the biggest problems.
1429
+ Mr. Garcia of Illinois. Thank you very much.
1430
+ Mr. Chairman, I don't have any more questions at this time.
1431
+ I have to go vote.
1432
+ Chairman Green. The gentleman yields back. Thank you, Mr.
1433
+ Garcia.
1434
+ The Chair now recognizes the vice ranking member, Mr.
1435
+ Timmons from South Carolina, for 5 minutes.
1436
+ Mr. Timmons. Thank you, Mr. Chairman.
1437
+ Ms. Cooper, since the 1990s, the median wealth among
1438
+ minority families has plateaued, while it has increased roughly
1439
+ 50 percent for White families. This is a huge problem, as White
1440
+ families on average now have 41 times the wealth of Black
1441
+ families and 22 times the wealth of Latino families. I think we
1442
+ can all agree that that is a major problem.
1443
+ A friend of mine, who is Black, explained it to me in a way
1444
+ that really stuck with me. He said, imagine a game of monopoly.
1445
+ Certain families have been playing for generations. They have
1446
+ been passing go, collecting $200. They have been purchasing
1447
+ property, building houses, building hotels, buying the
1448
+ railroads, and certain families have started much later. And it
1449
+ is challenging to play the game, it is challenging to compete,
1450
+ it is challenging to have a chance when you are faced with
1451
+ those kind of odds.
1452
+ So, a racial wealth gap has always been an issue. But why
1453
+ has it gotten worse over the last few decades, and does it have
1454
+ anything to do with lending practices of financial
1455
+ institutions?
1456
+ Ms. Cooper. Thanks for that question. As I was saying in my
1457
+ oral testimony, as you were describing, research suggests that
1458
+ disparities in family wealth or in community relationships with
1459
+ financial institutions can potentially persist across
1460
+ generations. For example, from parents to children, influencing
1461
+ children's financial outcomes, so, for example, children's
1462
+ credit history or homeownership status. And in this way, past
1463
+ discrimination can cause intergenerational effects, and as I
1464
+ described, these disparities exist in terms of access to
1465
+ financial products.
1466
+ I will say in general, I am not aware of research around
1467
+ increases or decreases in some of these disparities. Over time,
1468
+ a lot of this research, particularly around intergenerational
1469
+ effects, is relatively new. But I would be happy to do some
1470
+ more research on that question and get back to you.
1471
+ Mr. Timmons. Thank you.
1472
+ Mr. Darity. I would like to comment on this, if I may, to
1473
+ say that the widening gap that we have observed is in part
1474
+ attributable to the adverse effects of the Great Recession, but
1475
+ more significantly is due to the cumulative nature of wealth
1476
+ accumulation and decumulation across generations. That is to
1477
+ say, wealth begets wealth and lack of wealth begets lack of
1478
+ wealth.
1479
+ And so communities that have been subjected to denial and
1480
+ deprivation have less of an opportunity to transfer resources
1481
+ across generations and, therefore, we observe a widening gap
1482
+ over the course of time. It is a fact that is associated with
1483
+ the very way in which people acquire additional assets.
1484
+ Mr. Timmons. Sure. And, Mr. Darity, let me follow up on
1485
+ that. I appreciate you jumping in.
1486
+ Mr. Darity. Yes.
1487
+ Mr. Timmons. Would you agree that it is a worthy endeavor
1488
+ to try to find ways to give people opportunities, who have not
1489
+ had opportunities in the past, without necessarily putting
1490
+ people who do not fall into that category at a disadvantage?
1491
+ I am in the military. I am in the South Carolina Air
1492
+ National Guard, and we talk a lot about these issues, and the
1493
+ question becomes, not everyone is in the same box, and if you
1494
+ are going to try to give people opportunities who have not had
1495
+ opportunities in the past, that is a worthy endeavor, and I
1496
+ actually support that. My concern is that there are people who
1497
+ would be lumped in with the people who theoretically have had
1498
+ opportunities, who really haven't had opportunities.
1499
+ So while we look at these statistics, and I agree they are
1500
+ actually quite terrible and we need to take steps, the question
1501
+ is, if someone is not necessarily in the bucket of, wealth
1502
+ begets wealth, they are struggling just like anyone else, how
1503
+ do we not disadvantage that person? Does that question make
1504
+ sense to you, sir?
1505
+ Mr. Darity. It makes sense to me, but I think that we have
1506
+ to recognize that those differences in opportunity historically
1507
+ have been racialized to the point that Whites who are in the
1508
+ bottom 20 percent of the income distribution have a higher
1509
+ median level of wealth than all Black Americans taken together.
1510
+ And so, I would argue that there is a racial differential that
1511
+ needs to be addressed.
1512
+ Mr. Timmons. And I will do everything I can to help address
1513
+ that, because I do agree with you, in large part.
1514
+ And I guess my next question is, would you segment out--
1515
+ Chairman Green. The gentleman's time has expired. Excuse
1516
+ me. I'm sorry.
1517
+ Mr. Timmons. Oh, I will yield back, Mr. Chairman. Thank
1518
+ you.
1519
+ Chairman Green. Okay. Because we are trying to end before
1520
+ this next vote. The gentleman's time has expired.
1521
+ And we will move on now to Ms. Garcia of Texas. You are now
1522
+ recognized for 5 minutes.
1523
+ Ms. Garcia of Texas. Thank you, Mr. Chairman, and thank you
1524
+ so much for hosting this hearing.
1525
+ And thank you to all of the witnesses. And most of all,
1526
+ thank you for your patience as we struggle through these votes.
1527
+ I want to start with Ms. Rice. Ms. Rice, the Center for
1528
+ Investigative Reporting report revealed that out of 31 million
1529
+ Home Mortgage Disclosure Act records, that modern-day redlining
1530
+ still exists in 61 metro areas in our country. As compared to
1531
+ White borrowers, lenders denied African-American borrowers in
1532
+ significantly higher rates in 48 cities, Latinos in 25 cities,
1533
+ Asian Americans in 9 cities, and Native Americans in 3 cities.
1534
+ Still, 98 percent of the banks nationally received a
1535
+ passing grade in the Community Reinvestment Act examination.
1536
+ What is wrong here? Do you think that we need to redo how we
1537
+ grade for the Community Reinvestment Act, and would moving from
1538
+ a pass/fail system to a more transparent letter grade be
1539
+ better?
1540
+ Ms. Rice. Thank you so much, Congresswoman Garcia, for that
1541
+ question. One of the challenges that we face with the Community
1542
+ Reinvestment Act and the CRA examinations is that it is not
1543
+ automatically a given that if there are fair-lending violations
1544
+ at a financial institution, that it will translate into a lower
1545
+ score for the financial institution.
1546
+ And so, oftentimes, fair-lending violations are not even
1547
+ considered in terms of being reflected in the ultimate score
1548
+ for the financial institution. And that is why you have seen,
1549
+ since 1977, when the Community Reinvestment Act was enacted,
1550
+ multiple examples over and over again of financial institutions
1551
+ who have been found to violate the Fair Housing Act, they have
1552
+ been found to have engaged in discrimination, and received an
1553
+ outstanding CRA grade.
1554
+ Part of that is because CRA is tied to income. The
1555
+ Community Reinvestment Act says that lenders are supposed to be
1556
+ meeting the credit needs of their entire delineated community,
1557
+ including low-income areas. And it just depends on the guidance
1558
+ at the regulatory agencies at the particular time, but for some
1559
+ reason, the part that says that the banks are supposed to meet
1560
+ the credit needs of their entire community--somehow,
1561
+ communities of color don't get picked up in that definition.
1562
+ Ms. Garcia of Texas. Should we look at other punishment, if
1563
+ you will? Should we look at criminal sanctions for intentional
1564
+ discrimination by the landlords, the builders, the mortgage
1565
+ companies?
1566
+ Ms. Rice. We can certainly look at that, whether or not
1567
+ there should be criminal violations. But I think one of the
1568
+ first steps that should be taken is we should add race as a
1569
+ consideration explicitly in the Community Reinvestment Act, so
1570
+ it makes it clear that lenders cannot redline communities of
1571
+ color, they cannot avoid serving communities of color in order
1572
+ to get the higher grades in the CRA designations.
1573
+ And also, lenders should be required to include communities
1574
+ of color in their service area. In other words, you shouldn't
1575
+ be able to carve out neighborhoods of color when you are
1576
+ designating what is your service area.
1577
+ Ms. Garcia of Texas. Okay. But as my colleague, Ms. Tlaib,
1578
+ mentioned, nobody goes around and says, ``Okay neighborhood A,
1579
+ you are being redlined.'' It is a lot more subtle. And with
1580
+ algorithms and the technology that is being used now, it is
1581
+ hard to find, and it is hard to find the appropriate
1582
+ enforcement tool. But thank you for that.
1583
+ And I wanted to ask quickly, Ms. Espinoza, because I know I
1584
+ am running out of time, you mentioned the three different kinds
1585
+ of testing that you all do and look at. I think you said there
1586
+ was rental testing, self testing, and mortgage testing. How
1587
+ complicated is that, and about how much money do you all need
1588
+ for more testing so that we can more easily prove some of these
1589
+ cases?
1590
+ Ms. Espinoza. Well--
1591
+ Chairman Green. If I may, Ms. Espinoza, the gentlelady's
1592
+ time has expired, and we are trying to get back for the next
1593
+ vote.
1594
+ Ms. Espinoza. Oh, okay. I can address that in writing.
1595
+ Ms. Garcia of Texas. Thank you, Ms. Espinoza.
1596
+ I yield back, Mr. Chairman. I apologize.
1597
+ Chairman Green. That is quite all right. We are trying to
1598
+ get to everybody.
1599
+ We will now go to Ms. Williams from Georgia for 5 minutes.
1600
+ And my apologies to everyone, but we do want to finish before
1601
+ the next vote.
1602
+ Ms. Williams of Georgia. Thank you, Chairman Green, and
1603
+ thank you for convening this hearing today.
1604
+ In my district and across the country, we see racial wealth
1605
+ disparities brought on by barriers like invidious
1606
+ discrimination. In 2019, the median wealth in Black households
1607
+ was about $24,000, compared to $188,000 for White households,
1608
+ with the gaps sure to continue to widen because of the
1609
+ disproportionate impact of COVID-19.
1610
+ I have an obligation in Congress to work to break down
1611
+ these barriers and ensure communities of color have a fair
1612
+ chance to buy homes, start their own businesses, and even send
1613
+ their kids to college without taking on the massive debt that I
1614
+ have had to incur. When fewer of us face barriers to building
1615
+ wealth and long-term prosperity, the better off our economy,
1616
+ our communities, and our people will be.
1617
+ Professor Darity, student debt certainly stands in the way
1618
+ of closing the racial wealth gap, but in your testimony, you
1619
+ mention that there are some limitations to focusing exclusively
1620
+ on debt reduction. What are some next steps that we should
1621
+ consider from an asset-building perspective to lessen the
1622
+ financial burden of things like going to college for
1623
+ communities of color?
1624
+ Mr. Darity. Historically, the United States has practiced
1625
+ asset-building policies. Representative of these are the 19th
1626
+ Century policies that involved land allocation. In the 20th
1627
+ Century, the policies were focused primarily on supporting
1628
+ homeownership.
1629
+ I would argue, though, that since the 1960s, the entire
1630
+ emphasis of Federal policy has been on income supports rather
1631
+ than wealth building or asset building. And so, if we are
1632
+ really concerned about improving opportunities for all
1633
+ Americans to engage in the widest range of opportunities, there
1634
+ needs to be a shift back towards asset-building opportunities.
1635
+ And I would think that if we are thinking about individuals
1636
+ having an opportunity to go to college and to leave college on
1637
+ a debt-free basis, either we have to eliminate the expense of
1638
+ attending college altogether, as some people have advocated
1639
+ zero tuition for attending State universities. I think that is
1640
+ an idea that should be explored.
1641
+ But on the other hand, I think that we tend to think about
1642
+ education as driving wealth, but we really should think about
1643
+ wealth as driving educational achievement. So, if we could
1644
+ alter the foundation for assets that are held by a large number
1645
+ of wealth-poor families in the United States, we would create
1646
+ greater opportunities for their kids to go further in school
1647
+ and not have to do so on the basis of the acquisition of
1648
+ extraordinary levels of indebtedness.
1649
+ Mr. Perry. And, Representative Williams, I just wanted to
1650
+ add that there are a number of innovative products going on
1651
+ right now which are enabling people to get a mortgage and
1652
+ cancel a student loan debt at the same time, and I think those
1653
+ are the kind of products we need to see in communities.
1654
+ Ms. Williams of Georgia. Thank you so much.
1655
+ And, Professor Darity, I appreciate that.
1656
+ Ms. Rice, I do have a quick question for you. As we have
1657
+ heard today, we must break down the discriminatory barriers to
1658
+ things like owning a home if we really want to close the racial
1659
+ wealth gap. In your testimony, you offered some suggestions to
1660
+ increase diversity in the real estate industry. Do you have any
1661
+ additional recommendations for increasing diversity in other
1662
+ parts of the financial services industry that impact how
1663
+ communities of color access housing?
1664
+ Ms. Rice. Yes, absolutely. One of the first things we have
1665
+ to do is break down barriers to credit access and the
1666
+ overreliance on things like credit scores. Credit scores are a
1667
+ major factor that preclude people of color from being able to
1668
+ access financial services. People of color disproportionately
1669
+ live in credit deserts. They also disproportionately live in
1670
+ communities where there is a hyper concentration of
1671
+ nontraditional financial services providers who do not report
1672
+ positive behavior to the credit repositories.
1673
+ So, that is a huge thing that we need to break down, and we
1674
+ can actually use new artificially intelligent tools in order to
1675
+ do that. But we do need more support from regulators and
1676
+ Congress in order to onboard those new debiasing, tech
1677
+ debiasing methodologies so that we can expand opportunities for
1678
+ people.
1679
+ Ms. Williams of Georgia. Thank you.
1680
+ Ms. Cooper. And I will just--
1681
+ Ms. Williams of Georgia. We are out of time, because we
1682
+ only get 5 minutes, but I appreciate everyone being here today.
1683
+ And I look forward to working with everyone on the subcommittee
1684
+ as we continue to address these disparities.
1685
+ Thank you, Mr. Chairman. I yield back the balance of my
1686
+ time.
1687
+ Chairman Green. And thank you very much for being a little
1688
+ bit conscious of the time. I greatly appreciate it.
1689
+ Let me move expeditiously and yield myself 5 minutes, so
1690
+ that we may quickly get to the next vote.
1691
+ I was here in 2008 when we had the downturn in the economy,
1692
+ and one of the questions that we asked quite consistently was,
1693
+ would anyone go to jail for the predatory lending that took
1694
+ place? The answer to the question is, yes, someone did: one
1695
+ person. One person went to jail for that long line of predatory
1696
+ lending that took place. In fact, we had one CEO of a major
1697
+ bank who settled out of court with the Justice Department, and
1698
+ the bank's board of directors gave this CEO a 74 percent raise
1699
+ in salary, amounting to about $20 million.
1700
+ So, the question becomes this: Do we want to continue to
1701
+ allow persons who make loan applications to be punished
1702
+ criminally for falsifying information on a loan application
1703
+ while the loan originator does not face any charges if the loan
1704
+ originator denies a person credit? That is predatory lending,
1705
+ by the way. If you intentionally deny a person credit who is
1706
+ qualified for that credit, you are engaging in predatory
1707
+ lending, which is a crime.
1708
+ But the question becomes, how do we deal with it? And
1709
+ testing is the means by which we can acquire the empirical
1710
+ evidence necessary to prosecute these crimes.
1711
+ Let me start with you, Ms. Rice. Would you give me some
1712
+ indication as to how efficacious testing is, in your opinion,
1713
+ with reference to bringing forth the empirical evidence
1714
+ necessary to prosecute?
1715
+ Ms. Rice. Testing is extremely efficacious for that
1716
+ purpose. And thank you so much, Congressman Green, for that
1717
+ question. The Supreme Court actually has stated that testing is
1718
+ one of the most verifiable and efficient ways of ferreting out
1719
+ discrimination.
1720
+ Part of the challenge though, is that we don't have
1721
+ sufficient funding to support testing in the United States, and
1722
+ it is private fair housing organizations who engage in testing
1723
+ in a consistent fashion, as you have heard Frances Espinoza
1724
+ already testify to. But the challenge is that, some years we
1725
+ have very, very little funding to support testing and in some
1726
+ years we have more funding, but we never have sufficient
1727
+ funding.
1728
+ The other thing that--
1729
+ Chairman Green. Let me intercede for just a quick second. I
1730
+ am familiar with the Fair Housing Initiatives Program (FHIP)
1731
+ and the Fair Housing Assistance Program (FHAP). Here is
1732
+ something that is important. In H.R. 166, we provide for, in
1733
+ the Consumer Financial Protection Bureau (CFPB), an entity to
1734
+ conduct these tests. We want to formalize it to a greater
1735
+ degree.
1736
+ I still support FHIP and FHAP. That is a great program, so
1737
+ I am going to support it. But what I would like to know is, if
1738
+ we put this together with the CFPB, does that give you some
1739
+ greater degree of belief that we can police and deter those who
1740
+ would intentionally deny people loans? Ms. Rice?
1741
+ Ms. Rice. Yes, I do. And we vehemently support the bill
1742
+ that you referenced, the Fair Lending for All Act. It
1743
+ definitely will, and it is important for Congress to include
1744
+ protections, guardrails, so that the testing program can be
1745
+ ongoing no matter who is in control or who is at the helm of
1746
+ the organization.
1747
+ Chairman Green. Let me move quickly to Ms. Espinoza. Ms.
1748
+ Espinoza, would you agree that testing is an efficacious
1749
+ methodology, and would you support H.R. 166 as we propose
1750
+ having testing take place through the CFPB?
1751
+ Ms. Espinoza. Yes. Testing is the best way to uncover these
1752
+ predatory practices in fair housing investigations, so I do
1753
+ support--
1754
+ Chairman Green. Okay. And let me ask Mr. Perry, would you
1755
+ agree as well?
1756
+ Mr. Perry. Yes. And, in fact, journalists and individuals
1757
+ are doing it.
1758
+ Chairman Green. I hate to do this to you, but I am going to
1759
+ have to accept your yes, because I am running out of time.
1760
+ Mr. Perry. Yes.
1761
+ Chairman Green. And I can't be unfair to others by giving
1762
+ myself more time.
1763
+ Just let me say, Professor, I am very much familiar with
1764
+ Andrew Johnson and what happened, especially as it relates to
1765
+ him in 1868 when there was an effort to impeach him. I would
1766
+ add that he was the bigot of his time, and he denied the newly
1767
+ free persons the opportunity to start to amass wealth with the
1768
+ land that would have been accorded them. I can only say this, I
1769
+ don't pretend to say that this is the silver bullet, but this
1770
+ will at least help us with some of the credit issues. I do
1771
+ agree with you that the wealth issue is something that is
1772
+ paramount for us.
1773
+ With that said, my time has expired, friends. I do
1774
+ appreciate all of the witnesses for being here today. Your
1775
+ being here and being patient with us has meant a lot to us. I
1776
+ regret that we had to intercede with votes, but these things
1777
+ happen, and we now have another vote that we have to deal with.
1778
+ So thank you, all of you.
1779
+ The hearing is now adjourned, after I read a statement,
1780
+ excuse me. There is a statement that I have to read before we
1781
+ can adjourn this hearing, so please be patient as I move to the
1782
+ statement.
1783
+ I thank the witnesses for their testimony and for devoting
1784
+ their time and resources to share their expertise with this
1785
+ subcommittee. Their testimony today will help to advance the
1786
+ important work of this subcommittee and of Congress in
1787
+ addressing lending discrimination and systemic racial
1788
+ inequality.
1789
+ The Chair notes that some Members may have additional
1790
+ questions for this panel, which they may wish to submit in
1791
+ writing. Without objection, the hearing record will remain open
1792
+ for 5 legislative days for Members to submit written questions
1793
+ to these witnesses and to place their responses in the record.
1794
+ Also, without objection, Members will have 5 legislative days
1795
+ to submit extraneous materials to the Chair for inclusion in
1796
+ the record.
1797
+ This hearing is now adjourned. Thank you so much.
1798
+ [Whereupon, at 5:23 p.m., the hearing was adjourned.]
1799
+
1800
+ A P P E N D I X
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+
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+
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+
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+ February 24, 2021
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+
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+ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+ </pre></body></html>
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1
+ <html>
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+ <title> - ORGANIZATIONAL MEETING FOR THE 117TH CONGRESS</title>
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+ <body><pre>
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+ [House Hearing, 117 Congress]
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+ [From the U.S. Government Publishing Office]
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+
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+
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+ ORGANIZATIONAL MEETING FOR THE
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+ 117TH CONGRESS
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+
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+ =======================================================================
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+
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+ MEETING
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+
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+ OF THE
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+
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+ SELECT COMMITTEE ON THE
18
+ CLIMATE CRISIS
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+
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+ ONE HUNDRED SEVENTEENTH CONGRESS
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+
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+ FIRST SESSION
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+
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+ __________
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+
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+ MEETING HELD
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+ MARCH 19, 2021
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+
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+ __________
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+
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+ Serial No. 117-1
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+
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+
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+ [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
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+
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+
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+ www.govinfo.gov
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+
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+ Printed for the use of the Select Committee on the Climate Crisis
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+
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+ __________
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+
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+
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+ U.S. GOVERNMENT PUBLISHING OFFICE
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+ 44-077 WASHINGTON : 2021
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+
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+ --------------------------------------------------------------------------------------
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+
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+
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+
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+ SELECT COMMITTEE ON THE CLIMATE CRISIS
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+
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+ One Hundred Seventeenth Congress
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+
55
+ KATHY CASTOR, Florida, Chair
56
+ SUZANNE BONAMICI, Oregon GARRET GRAVES, Louisiana,
57
+ JULIA BROWNLEY, California Ranking Member
58
+ JARED HUFFMAN, California GARY PALMER, Alabama
59
+ A. DONALD McEACHIN, Virginia BUDDY CARTER, Georgia
60
+ MIKE LEVIN, California CAROL MILLER, West Virginia
61
+ SEAN CASTEN, Illinois KELLY ARMSTRONG, North Dakota
62
+ JOE NEGUSE, Colorado DAN CRENSHAW, Texas
63
+ VERONICA ESCOBAR, Texas ANTHONY GONZALEZ, Ohio
64
+ ------
65
+ Ana Unruh Cohen, Majority Staff Director
66
+ Marty Hall, Minority Staff Director
67
+ climatecrisis.house.gov
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+
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+
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+ C O N T E N T S
71
+
72
+ ----------
73
+
74
+ STATEMENTS OF MEMBERS OF CONGRESS
75
+
76
+ Page
77
+ Hon. Kathy Castor, a Representative in Congress from the State of
78
+ Florida, and Chair, Select Committee on the Climate Crisis:
79
+ Opening Statement............................................ 1
80
+ Prepared Statement........................................... 3
81
+ Hon. Garret Graves, a Representative in Congress from the State
82
+ of Louisiana, and Ranking Member, Select Committee on the
83
+ Climate Crisis:
84
+ Opening Statement............................................ 4
85
+
86
+ COMMITTEE BUSINESS
87
+
88
+ Proposed Rules for the 117th Congress............................ 7
89
+
90
+
91
+ ORGANIZATIONAL MEETING
92
+
93
+ ----------
94
+
95
+
96
+ FRIDAY, MARCH 19, 2021
97
+
98
+ House of Representatives,
99
+ Select Committee on the Climate Crisis,
100
+ Washington, DC.
101
+ The committee met, pursuant to call, at 9:54 a.m., via
102
+ Webex, Hon. Kathy Castor [chairwoman of the committee]
103
+ presiding.
104
+ Present: Representatives Castor, Bonamici, Brownley,
105
+ Huffman, Levin, Casten, Neguse, Escobar, Graves, Palmer,
106
+ Carter, Miller, Armstrong, Crenshaw, and Gonzalez.
107
+ Ms. Castor. The committee will come to order.
108
+ Without objection, the chair is authorized to declare a
109
+ recess of the committee at any time.
110
+ As a reminder, members participating in a hearing remotely
111
+ should be visible on camera throughout the meeting. And as with
112
+ in person meetings, members are responsible for controlling
113
+ their own microphones. Members can be muted by staff only to
114
+ avoid inadvertent background noise.
115
+ In addition, statements, documents, or motions must be
116
+ submitted to the electronic repository immediately upon
117
+ introduction to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7e2d3d3d3d500c1b0e110d170a110c073e131f17125016110b0d1b50191108">[email&#160;protected]</a> for circulation
118
+ to committee members.
119
+ Finally, members or witnesses experiencing technical
120
+ problems should inform committee staff immediately.
121
+ I now recognize myself for 5 minutes to give an opening
122
+ statement.
123
+ Well, good morning, everyone. I am thrilled to welcome you
124
+ to the organizational meeting of the House Select Committee on
125
+ the Climate Crisis, our first in the 117th Congress. I would
126
+ like to express my gratitude to Speaker Pelosi for her deep
127
+ commitment to solving the climate crisis and for allowing the
128
+ Select Committee to continue building on our work for the
129
+ American people.
130
+ Last year, our Select Committee Democratic members released
131
+ a comprehensive set of recommendations for the Congress in a
132
+ staff report entitled, ``Solving the Climate Crisis: The
133
+ Congressional Action Plan for Clean Energy Economy and a
134
+ Healthy, Resilient, and Just America,'' where we highlighted
135
+ bills, including bipartisan bills, to the standing committees.
136
+ This plan would put the United States on a path to net zero
137
+ by 2050 or earlier. It would create much needed jobs in clean
138
+ energy, infrastructure, conservation, manufacturing,
139
+ construction, and other important industries. It would protect
140
+ millions of families and small businesses from costly climate-
141
+ fueled risks and harms, and it would advance environmental
142
+ justice for Black, Brown, Native, and low income Americans.
143
+ Our climate crisis action plan has been described as the
144
+ most detailed and well thought out plan for addressing climate
145
+ change that has ever been part of U.S. politics. Now, the work
146
+ ahead of us is clear: We must waste no time in turning our
147
+ recommendations into policy. Families across America have given
148
+ us this strong mandate to act on climate, and younger
149
+ generations are watching. They know their futures hang in the
150
+ balance.
151
+ Our sole item of business today, before we consider the
152
+ committee rules, will be to talk about our jurisdiction, and
153
+ then we will take a moment to introduce our Democratic members,
154
+ and then I will give Ranking Member Graves an opportunity to
155
+ give an opening statement and introduce our Republican members.
156
+ So first on our jurisdiction, it is simple. It is pretty
157
+ straightforward. According to House Resolution 8, our Select
158
+ Committee will have investigative jurisdiction over policies,
159
+ strategies, and innovations to achieve substantial and
160
+ permanent reductions in pollution and other activities that
161
+ contribute to the climate crisis. It is my hope that our Select
162
+ Committee will continue to be a forum to advance important
163
+ solutions for the American people, to find common ground, to
164
+ follow the science, and to approach our differences
165
+ constructively.
166
+ Now I would like to introduce our fabulous Democratic
167
+ members, and at the end, I am going to give our new member,
168
+ Rep. Escobar, an opportunity to introduce herself to the
169
+ committee.
170
+ So, Democratic members include Suzanne Bonamici from
171
+ Oregon. She serves on the Science Committee, where she is
172
+ leading the fight for ocean climate action, and she serves on
173
+ the Committee on Education and Labor.
174
+ Rep. Julia Brownley from California, she serves on the
175
+ Committee on Transportation and Infrastructure, where she is
176
+ pushing for cleaner public transit systems and expanding our
177
+ use of zero-emission vehicles. And Rep. Brownley also serves on
178
+ the Veterans' Affairs Committee.
179
+ Rep. Jared Huffman of California, he is the chair of Water,
180
+ Ocean, and Wildlife Subcommittee in the House Natural Resources
181
+ Committee, where he is a strong champion for public lands and
182
+ waters. He serves, as well, on the Transportation and
183
+ Infrastructure Committee.
184
+ Rep. Don McEachin of Virginia serves on the Energy and
185
+ Commerce Committee, where he has led the charge on securing
186
+ environmental justice for all. He also serves on the Natural
187
+ Resources Committee.
188
+ Congressman Mike Levin of California serves on the Natural
189
+ Resources Committee, where he works to advance safeguards
190
+ against drought, heat waves, and rising sea levels. Rep. Levin
191
+ also is a member of the Veterans' Affairs Committee.
192
+ Rep. Sean Casten of Illinois serves on the Financial
193
+ Services Committee, where he is working to reduce climate risk
194
+ in the financial sector. He also serves on the Science and
195
+ Technology Committee.
196
+ And Rep. Joe Neguse of Colorado is the chair of the
197
+ Subcommittee on National Parks, Forests, and Public Lands in
198
+ the Natural Resources Committee, where he advances protections
199
+ for his communities from climate fueled wildfires and much
200
+ more. Rep. Neguse also serves on the Judiciary Committee.
201
+ And we are so pleased to welcome our newest Democratic
202
+ member, Congresswoman Veronica Escobar of Texas. She is a
203
+ member of the Armed Services Committee, where she is working to
204
+ ensure that our military stands ready to face the climate
205
+ crisis, and she has long championed economic opportunities in
206
+ clean energy. She also serves on the Judiciary Committee.
207
+ Rep. Escobar, as the newest Democratic member of the Select
208
+ Committee, welcome. We are thrilled to have you, along with our
209
+ two new Republican members. Please take a minute to introduce
210
+ yourself to the committee, and the floor is yours.
211
+ [The statement of Ms. Castor follows:]
212
+
213
+ Opening Statement of Chair Kathy Castor
214
+
215
+ Organizational Meeting for the 117th Congress
216
+
217
+ Select Committee on the Climate Crisis
218
+
219
+ March 19, 2021
220
+
221
+ As Prepared for Delivery
222
+
223
+ Thank you all for joining us. I'm thrilled to welcome you to the
224
+ first meeting of the House Select Committee on the Climate Crisis in
225
+ the 117th Congress. Before we begin, I'd like to express my gratitude
226
+ to Speaker Pelosi for her deep commitment to solving the climate
227
+ crisis--and for allowing our Select Committee to continue building on
228
+ our work for the American people.
229
+ Last year, our Select Committee's Democratic Members released a
230
+ comprehensive set of recommendations for Congressional action in the
231
+ staff report titled `Solving The Climate Crisis: The Congressional
232
+ Action Plan for a Clean Energy Economy and a Healthy, Resilient, and
233
+ Just America'. This plan would put the United States on a path to net
234
+ zero by 2050 or earlier. It would create much-needed jobs in clean
235
+ energy, infrastructure, conservation, manufacturing, construction, and
236
+ a number of other industries. It would protect millions of families and
237
+ small businesses from climate-fueled risks and harms. And it would
238
+ advance environmental justice for Black, brown, Native, and low-income
239
+ Americans.
240
+ Our Climate Crisis Action Plan has been described as ``the most
241
+ detailed climate plan in United States political history.'' Now, the
242
+ work ahead of us is clear: we must waste no time turning our
243
+ recommendations into policy. Families across America have given us a
244
+ strong mandate to act on climate. And entire generations are watching,
245
+ knowing their futures hang in the balance.
246
+ Before we consider our committee rules, I'll quickly go over our
247
+ jurisdiction and take a moment to introduce our Democratic members. I
248
+ will then give our Ranking Member an opportunity to give an opening
249
+ statement and introduce our Republican members.
250
+ According to House Resolution 8, our Select Committee will have
251
+ investigative jurisdiction over policies, strategies, and innovations
252
+ to achieve substantial and permanent reductions in pollution and other
253
+ activities that contribute to the climate crisis. It is my hope that
254
+ our Select Committee will continue to be a forum to advance important
255
+ solutions for the American people, to find common ground, to follow the
256
+ science, and to approach our differences constructively.
257
+ With that, I would like to introduce our Democratic members:
258
+ Suzanne Bonamici from Oregon. She serves on the Science Committee,
259
+ where she is leading the fight for ocean climate action, and on the
260
+ Committee on Education and Labor.
261
+ Julia Brownley from California. She serves on the Committee on
262
+ Transportation and Infrastructure, where she is pushing for cleaner
263
+ public transit systems and expanding our use of zero-emission vehicles,
264
+ and she also serves on the Veterans Affairs Committee.
265
+ Jared Huffman from California. He is the Chair of the Water, Ocean
266
+ and Wildlife subcommittee in the House Natural Resources Committee,
267
+ where he is a strong champion for our public lands and water. He also
268
+ serves on the Transportation and Infrastructure Committee.
269
+ Donald McEachin from Virginia. He serves on the Energy and Commerce
270
+ Committee, where he has led the charge on securing environmental
271
+ justice. He also serves on the Natural Resources Committee.
272
+ Mike Levin from California. He serves on the Natural Resources
273
+ Committee, where he works to advance safeguards against droughts, heat
274
+ waves, and rising sea levels. He's also a member of the Veterans'
275
+ Affairs Committee.
276
+ Sean Casten from Illinois. He serves on the Financial Services
277
+ Committee, where he is working to reduce climate risk in the financial
278
+ sector. He also serves on the Science and Technology Committee.
279
+ Joe Neguse from Colorado. He is the Chair of the Subcommittee on
280
+ National Parks, Forests, and Public Lands in the Natural Resources
281
+ Committee, where he can advance protections for his communities from
282
+ climate-fueled wildfires. He also serves on the Judiciary Committee.
283
+ And our newest member, Veronica Escobar from Texas. She is a member
284
+ of the Armed Services Committee, where she is working to ensure our
285
+ military stands ready to face the climate crisis, and she has long
286
+ championed the economic opportunities in clean energy. She also serves
287
+ on the Judiciary Committee.
288
+ Rep. Escobar, as the newest Democratic member of the Select
289
+ Committee, let me give you a minute to introduce yourself.
290
+ [Rep. Escobar speaks]
291
+ Now I'd like to give Ranking Member Graves the opportunity to
292
+ provide some opening remarks and introduce the rest of our members.
293
+
294
+ Ms. Escobar. Thank you so much, Madam Chair, and apologies
295
+ for being a few minutes late at the top of the meeting.
296
+ You know, the only thing that I would add is it really is
297
+ an honor to serve on this committee, and I truly do hope that
298
+ we are able to work together to address some of the greatest
299
+ challenges that our communities face, our globe faces, our
300
+ military installations.
301
+ And as the member from the border, from El Paso, Texas, I
302
+ can tell you, so many of the families that I talk to who are
303
+ arriving at our front door from Central America are fleeing the
304
+ ravages of the climate crisis. You know, they don't talk about
305
+ it in that way, but they talk about food insecurity, they talk
306
+ about being unable to farm on their land, they talk about the
307
+ impact of hurricanes and natural disasters.
308
+ So I think over the long term, the work that we do will not
309
+ just help create a greater planet, but it will create stability
310
+ for people in their home countries. So really looking forward
311
+ to the work ahead with everyone.
312
+ I yield back.
313
+ Ms. Castor. Thank you, Rep. Escobar, and welcome again.
314
+ Now I would like to give Ranking Member Graves the
315
+ opportunity to provide some opening remarks and introduce the
316
+ Republican side of the aisle, including our two new Republican
317
+ members.
318
+ Ranking Member Graves.
319
+ Mr. Graves. Thanks.
320
+ Ms. Castor. You are recognized.
321
+ Mr. Graves. Hey, Madam Chair. Thank you.
322
+ Welcome, everyone, to the committee. Really excited to get
323
+ back to work as quickly as possible, and I hope that we are
324
+ able to actually get together and meet in person very soon so
325
+ we can begin addressing some of the very important issues that
326
+ are in front of us.
327
+ The climate issue has always been very important, but I
328
+ think some of the recent actions by this administration,
329
+ executive orders and others, have had a significant impact on
330
+ our energy industry. And whether that is renewable energy or
331
+ conventional fuels, it has had a significant impact on our
332
+ energy industry, on energy prices in a very short period of
333
+ time, which makes this issue even more urgent.
334
+ Madam Chair, as you know, we have discussed in the past
335
+ that all of us are committed to an American based clean energy
336
+ future, and it is important that as we move forward, we come up
337
+ with informed policies that are based upon science, based upon
338
+ evidence, based upon data, and perhaps building upon some of
339
+ the successes that the United States has been able to achieve
340
+ in being the largest emissions reducing country in the world.
341
+ As a matter of fact, President Obama had established the
342
+ Clean Power Plan, which was intended to reduce emissions by 32
343
+ percent from a 2005 baseline, and we were supposed to hit that
344
+ target, according to the Clean Power Plan, by 2030. And even
345
+ during the Trump administration, which, of course, perception
346
+ perhaps was very different, we hit that 2030 target in 2019.
347
+ And, Madam Chair, we did that without the mandates, without
348
+ restrictions, without coming in and trying to pick energy
349
+ technology winners and losers. We did it by letting the market
350
+ do what it does and, again, just blew away some of these
351
+ targets.
352
+ Madam Chair, you and I--and I hope I am not disclosing a
353
+ private conversation, but we had a great conversation yesterday
354
+ talking about areas where we can work together and cooperate,
355
+ areas like resiliency and adaptation. We both represent
356
+ important coastal communities in this Nation. Areas like
357
+ ensuring that our research and development strategy complies or
358
+ is based upon America's resources and some of the opportunities
359
+ before us to continue reducing emissions and ensure affordable,
360
+ exportable energy, clean energy solutions. Talking about energy
361
+ efficiency and conservation and building upon some of the
362
+ successes.
363
+ And so I am very hopeful that we can move forward, again,
364
+ in an evidence based direction, in a bipartisan direction, that
365
+ truly yields the best American based clean energy future that
366
+ we can have.
367
+ Madam Chair, we have a number of returning rock stars on
368
+ our side as well. I am really looking forward to working with a
369
+ number of your members that I am very close with.
370
+ We have our Republican policy chairman, Gary Palmer from
371
+ Alabama, who is back.
372
+ We have our pharmacist, Buddy Carter from Georgia, who
373
+ likes to remind folks that he represents the entire coast of
374
+ Georgia and that Georgia has--they are in the top 50 in terms
375
+ of timber-producing states in the United States, and they have
376
+ the third largest St. Patrick's Day parade in Georgia. Sorry.
377
+ We have Congressman Kelly Armstrong from North Dakota that
378
+ has an extensive energy background, particularly on the natural
379
+ gas side, and has just been a wealth of knowledge for the
380
+ committee.
381
+ We have Carol Miller from West Virginia, who, once again,
382
+ coming from a coal state, a mining state, is really the face of
383
+ this kind of energy future and how we do it in a way that is
384
+ very sensitive to the needs of our communities across the
385
+ United States, and, again, we ensure an energy policy based
386
+ upon our resources here in America.
387
+ Madam Chair, we also have two new members that I am very
388
+ excited to welcome to the committee. We have Congressman
389
+ Anthony Gonzalez from Ohio. And Congressman Gonzalez has an
390
+ extensive background, not just in professional sports, but also
391
+ in business and technology. And, Congressman--and by the way,
392
+ Ohio is, once again, one of those states that has been fueling
393
+ America's energy revolution.
394
+ And last but not least, we have Congressman Dan Crenshaw
395
+ from Texas, that, once again, not just brings the--Texas,
396
+ which, you know, one of our biggest energy producing states in
397
+ America--not just brings that perspective to the table, but
398
+ also, very importantly, Madam Chair, brings a national security
399
+ perspective to the table, which I think is really important as
400
+ we think about our energy future.
401
+ So with that, I assume it is okay to yield to them for
402
+ quick introductions?
403
+ Ms. Castor. Please do.
404
+ Mr. Graves. Congressman Gonzalez.
405
+ Mr. Gonzalez. Sure. I will be very quick.
406
+ So, great to be on this Select Committee. Great to work
407
+ with everybody on both sides, Republican and Democrat.
408
+ As Garret said, I am from northeast Ohio, and, you know,
409
+ while admittedly the climate situation is not one that is top
410
+ of mind for most of my constituents, reliable and affordable
411
+ energy certainly is, and so is having an economy where
412
+ everybody has an opportunity to succeed no matter what your
413
+ skill level is.
414
+ And so the way that I have come into the climate debate is
415
+ by focusing a lot on Lake Erie, which is right in my backyard,
416
+ where we have had rising water levels. We have had increased
417
+ flooding. From when I was a child, we had almost no flooding,
418
+ whereas now I get flooded at least three or four times a year,
419
+ and everybody sort of notices that.
420
+ And so the perspective I will bring to this debate is one
421
+ that focuses on understanding the tradeoffs between our
422
+ economic security and our climate goals, and also being a big
423
+ proponent of finding and facilitating the R&D discoveries that
424
+ are going to help power us through this.
425
+ So, again, thank you all for having me. It is great to be
426
+ with everybody, and I will yield back.
427
+ Mr. Graves. Congressman Crenshaw.
428
+ Mr. Crenshaw. Thank you. Thanks for having me here. It is
429
+ an honor to be a part of this, such an important issue. It is
430
+ an important issue to get right. The solutions are what I am
431
+ after. And last Congress, I was able to pass two bipartisan
432
+ bills, LEADING Act and the New Energy Frontier, both associated
433
+ with carbon capture and carbon utilization.
434
+ Looking--I am going to be hitting on a few themes. One,
435
+ always talking about the tradeoffs and the costs and the
436
+ benefits. Over and over and over again, I see too often that
437
+ there is a preferred solution that--and then the tendency when
438
+ you have a preferred solution is to exaggerate the benefits of
439
+ that solution and diminish the cost associated with it.
440
+ This should be our focus, what works and what doesn't. What
441
+ has worked in the past, both in the United States and in other
442
+ countries, and what has not. We talk about energy--or we talk
443
+ about environmental justice all the time. I am going to talk to
444
+ you about energy justice and what that means to people, people
445
+ trying to get out of poverty, people who can't afford higher
446
+ electric bills, people who want reliable energy when it gets
447
+ cold or hot. This has to be part of the discussion, and in many
448
+ cases, it hasn't been. So really happy to be a part of this and
449
+ be solutions oriented for things that will work to solve this
450
+ problem.
451
+ Thank you for having me.
452
+ Mr. Graves. I yield back.
453
+ Ms. Castor. All right. Well, welcome, Rep. Escobar, Rep.
454
+ Gonzalez, Rep. Crenshaw. We are thrilled that you all have
455
+ joined the Climate Committee.
456
+ We are going to have some great debates, and we do intend
457
+ to be solutions oriented. And I hope, if you haven't had an
458
+ opportunity to review our climate action plan that was released
459
+ last year, I encourage you to do it. There are a lot of good
460
+ bipartisan solutions in there, and we need to build bipartisan
461
+ support to press ahead.
462
+ So now we will move to our first order of business, the
463
+ consideration and adoption of the Select Committee's rules for
464
+ the 117th Congress. I ask for unanimous consent that the
465
+ proposed rules be considered read and open for amendment at any
466
+ point.
467
+ [The information follows:]
468
+
469
+ In the Select Committee on the Climate Crisis
470
+
471
+ 117th Congress, 1st Session
472
+
473
+ March 19, 2021
474
+
475
+ ------
476
+
477
+
478
+ A Resolution
479
+
480
+ Offered by Ms. Castor
481
+
482
+ To adopt rules of the Select Committee on the Climate Crisis pursuant
483
+ to
484
+ clause 2 of rule XI of the Rules of the House of Representatives.
485
+
486
+ Resolved, That the Rules of the Select Committee on the Climate
487
+ Crisis for the 117th Congress shall be:
488
+ RULE 1. GENERAL PROVISIONS.
489
+ (a) The provisions of section 4(d) of H. Res. 8 (117th Congress)
490
+ governing the proceedings of the Select Committee on the Climate Crisis
491
+ (hereinafter referred to as the ``Committee'') are hereby incorporated
492
+ by reference and nothing herein shall be construed as superseding any
493
+ provision of that section. The Rules of the House of Representatives
494
+ shall apply to the Committee to the extent that they are not
495
+ inconsistent with that title.
496
+ (b) The rules of the Committee shall be made publicly available in
497
+ electronic form and published in the Congressional Record not later
498
+ than 30 days after the Committee adopts its rules.
499
+ RULE 2. MEETINGS.
500
+ (a) In General.--
501
+ (1) The regular meeting date of the Committee shall be the
502
+ first Tuesday of every month when the House is in session in
503
+ accordance with clause 2(b) of rule XI of the Rules of the
504
+ House of Representatives. If the House is not in session on the
505
+ first Tuesday of a month, the regular meeting date shall be the
506
+ third Tuesday of that month. A regular meeting of the Committee
507
+ may be dispensed with if, in the judgment of the Chair of the
508
+ Committee, there is no need for the meeting.
509
+ (2) Additional meetings may be called by the Chair of the
510
+ Committee as the Chair considers necessary, in accordance with
511
+ clause 2(g)(3) of rule XI of the Rules of the House of
512
+ Representatives.
513
+ (b) Meetings of the Committee shall be called to order and presided
514
+ over by the Chair or, in the Chair's absence, by a member designated by
515
+ the Chair to carry out such duties.
516
+ (c) Notification.--
517
+ (1) Pursuant to clause 2(g)(3) of Rule XI of the Rules of the
518
+ House, the Chair shall make a public announcement of the date,
519
+ place, and subject matter of a Committee meeting (other than a
520
+ hearing), which may not commence earlier than the third
521
+ calendar day (excluding Saturdays, Sundays, or legal holidays
522
+ except when the House is in session on such a day) on which
523
+ members have notice thereof.
524
+ (2) The agenda for each Committee meeting, setting out all
525
+ items of business to be considered, shall be established by the
526
+ Chair and provided to each member of the Committee at least 36
527
+ hours (exclusive of Saturdays, Sundays, and legal holidays
528
+ except when the House is in session on such days) in advance of
529
+ the commencement of such meeting.
530
+ (d) The requirements of paragraph (c) may be waived by a majority
531
+ vote of those present, a quorum being present, or by the Chair with the
532
+ concurrence of the Ranking Member. If the requirements of paragraph (c)
533
+ are waived, the Chair shall notify the members of the Committee at the
534
+ earliest possible time.
535
+ RULE 3. HEARINGS.
536
+ (a) Announcement of Hearings.--
537
+ (1) Pursuant to clause 2(g)(3) of Rule XI of the Rules of the
538
+ House, the Chair shall announce the date, time, place, and
539
+ subject matter of any hearing of the Committee, which may not
540
+ commence earlier than one week after such notice.
541
+ (2) A hearing may commence sooner than specified in (a)(1) if
542
+ the Chair, with the concurrence of the Ranking Member,
543
+ determines there is good cause or the Committee so determines
544
+ by majority vote, a quorum being present. The Chair shall
545
+ announce the hearing at the earliest possible time.
546
+ (b) Written Witness Statement; Oral Testimony.--
547
+ (1) Filing of Statement.--To the greatest extent practicable,
548
+ each witness who is to appear before the Committee shall file
549
+ with the clerk of the Committee a written statement of his or
550
+ her proposed testimony at least two business days in advance of
551
+ his or her appearance. The clerk of the Committee shall
552
+ distribute this testimony to the Members of the Committee as
553
+ soon as is practicable and at least one business day before the
554
+ hearing. The requirements of this subparagraph may be waived or
555
+ modified by the Chair after consultation with the Ranking
556
+ Member.
557
+ (2) Each witness shall limit his or her oral presentation of
558
+ testimony to no more than five minutes.
559
+ (3) Truth in Testimony.--Each witness appearing in a
560
+ nongovernmental capacity shall include with the written
561
+ statement of his or her proposed testimony a curriculum vitae;
562
+ a disclosure of any Federal grants or contracts, or contracts,
563
+ or grants, or payments originating with a foreign government,
564
+ received during the past 36 months by the witness or by an
565
+ entity represented by the witness and related to the subject
566
+ matter of the hearing; and a disclosure of whether the witness
567
+ is a fiduciary (including, but not limited to, a director,
568
+ officer, advisor, or resident agent) of any organization or
569
+ entity that has an interest in the subject matter of a hearing.
570
+ The disclosure shall include (A) the amount and country of
571
+ origin of any payment or contract related to the subject matter
572
+ of the hearing originating with a foreign government; and (B)
573
+ the amount and country of origin of any payment or contract
574
+ related to the subject matter of the hearing originating with a
575
+ foreign government.
576
+ (4) Availability of Information.--Statements filed under this
577
+ paragraph shall be made publicly available in electronic form
578
+ not later than one day after the witness appears.
579
+ (c) Notification of Subject Matter.--As soon as practicable but no
580
+ later than 36 hours before the commencement of a hearing, the Chair
581
+ shall make available to the public and all Members of the Committee a
582
+ concise summary of the subject matter under consideration at the
583
+ hearing, any relevant reports from departments or agencies on such
584
+ matters, and a list of witnesses, including minority witnesses.
585
+ (d) Minority Witnesses.--When any hearing is conducted by the
586
+ Committee on any measure or matter, the minority party members on the
587
+ Committee shall be entitled, upon request to the Chair by a majority of
588
+ those members, to call at least one witness, as selected by the
589
+ minority members, to testify with respect to that measure or matter
590
+ along with witnesses selected by the Chair.
591
+ (e) Opening Statements.--
592
+ (1) Chair and Ranking Member.--At any hearing of the Committee,
593
+ the Chair and Ranking Member shall each control five minutes
594
+ for opening statements. The Chair and Ranking Member may
595
+ recognize other members within their respective five minutes.
596
+ (2) Other Members.--The Chair may allow other members of the
597
+ Committee to deliver oral opening statements, as appropriate,
598
+ with the concurrence of the Ranking Member. Such statements
599
+ shall not exceed five minutes in length and are to be equally
600
+ distributed between majority and minority members to the extent
601
+ practicable given the party makeup of the members present.
602
+ Members not recognized by the Chair for oral opening statements
603
+ may submit written opening statements for the record.
604
+ (f) Questioning of Witnesses.--The Chair shall initiate the right
605
+ to question witnesses before the Committee, followed by the Ranking
606
+ Member and all other members thereafter.
607
+ (1) Order of Member Recognition.--The right to question the
608
+ witnesses before the Committee shall alternate between majority
609
+ and minority members. A member of the Committee may question a
610
+ witness only when recognized by the Chair for that purpose. The
611
+ Chair shall recognize in order of appearance members who were
612
+ not present when the meeting was called to order after all
613
+ members who were present when the meeting was called to order
614
+ have been recognized in the order of seniority on the
615
+ Committee.
616
+ (2) Procedures for Questioning of Witnesses by Members.--Each
617
+ member shall be limited to 5 minutes in the questioning of
618
+ witnesses and shall limit his or her remarks to the subject
619
+ matter of the hearing. After consultation with the Ranking
620
+ Member, the Chair may recognize members who have already had an
621
+ opportunity to question the witness for a second period of 5
622
+ minutes once each member of the Committee present has been
623
+ recognized once for that purpose.
624
+ (3) Extended Questioning of Witnesses by Members.--Following
625
+ the questioning of witnesses described in (f)(2) above, the
626
+ Chair, with the concurrence of the Ranking Member or the
627
+ Committee by motion, may permit a specified number of members
628
+ to question one or more witnesses for a specified period of
629
+ time not to exceed 60 minutes in the aggregate, equally divided
630
+ between and controlled by the Chair and the Ranking Member.
631
+ (4) Questions for the Record.--Each member may submit to the
632
+ Chair additional questions for the record to be answered by the
633
+ witnesses who have appeared. Each member shall provide a copy
634
+ of the questions in an electronic format to the Committee no
635
+ later than 10 business days following a hearing. The Chair
636
+ shall transmit all questions received from members of the
637
+ Committee to the appropriate witnesses and include the
638
+ transmittal letter and the responses from the witnesses in the
639
+ hearing record. After consultation with the Ranking Member, the
640
+ Chair is authorized to close the hearing record no earlier than
641
+ 15 business days from the date the questions were transmitted
642
+ to the appropriate witnesses.
643
+ (g) Hearings of the Committee shall be called to order and presided
644
+ over by the Chair or, in the Chair's absence, by a member designated by
645
+ the Chair to carry out such duties.
646
+ (h) Oaths.--The Chair of the Committee, or a member designated by
647
+ the Chair, may administer oaths to any witness before the Committee.
648
+ The Chair or his or her designee may administer the following oath to
649
+ all witnesses prior to receiving testimony: ``Do you solemnly swear or
650
+ affirm, under penalty of law, that the testimony you are about to give
651
+ is the truth, the whole truth, and nothing but the truth, so help you
652
+ God?''
653
+ (i) Claims of Privilege.--Claims of common-law privilege made by
654
+ witnesses in hearings, or by interviewees in investigations or
655
+ inquiries, are applicable only at the discretion of the Chair, subject
656
+ to appeal to the Committee.
657
+ RULE 4. OPEN PROCEEDINGS.
658
+ (a) Meetings for the transaction of business and hearings of the
659
+ Committee shall be open to the public, including radio, television, and
660
+ still photography coverage, unless closed in accordance with clause
661
+ 2(g) of rule XI of the Rules of the House of Representatives.
662
+ (b) The audio and video coverage of Committee proceeding permitted
663
+ under clause 4 of rule XI of the Rules of the House of Representatives
664
+ shall apply to the Committee.
665
+ RULE 5. REPORTS.
666
+ (a) Approval of Official Committee Reports.--Any report completed
667
+ pursuant to section 4(d) of H. Res. 8 (117th Congress) that purports to
668
+ express the views, findings, conclusions, or recommendations of the
669
+ Committee must be approved by a majority vote of the Committee at a
670
+ meeting at which a quorum is present, in accordance with Committee Rule
671
+ 7(a)(3). The total number of votes cast for and against, and the names
672
+ of those voting for and against, shall be included in the Committee
673
+ report on the matter.
674
+ (b) Notice of Committee Reports.--Any report described in (a) shall
675
+ not be considered in the Committee unless the proposed report has been
676
+ available to the members of the Committee for at least three business
677
+ days before consideration of such report in the Committee.
678
+ (c) Additional Views.--If, at the time of approval of a report, a
679
+ member of the Committee gives notice of intent to file supplemental,
680
+ minority, additional, or dissenting views for inclusion in the report,
681
+ all members of the Committee shall be entitled to no less than two
682
+ business days after such notice to file such views following clause
683
+ 2(l) of rule XI of the Rules of the House.
684
+ (d) Availability of Publications.--Pursuant to clause 2(e)(4) of
685
+ Rule XI of the Rules of the House, the Committee shall make its
686
+ publications available in electronic form to the maximum extent
687
+ feasible. Pursuant to section 4(d) of H. Res. 8 (117th Congress), the
688
+ Committee shall make its publications available to the general public
689
+ in widely accessible formats not later than 30 calendar days following
690
+ the respective dates for completion.
691
+ RULE 6. COMMITTEE RECORDS.
692
+ (a) Availability.--Documents reflecting the proceedings of the
693
+ Committee shall be made publicly available in electronic form on the
694
+ Committee's website and in the Committee office for inspection by the
695
+ public, as provided in clause 2(e) of rule XI of the Rules of the House
696
+ of Representatives, within 48 hours of such recorded vote after each
697
+ meeting has adjourned, including a record showing those present at each
698
+ meeting; and a record of the vote on any question on which a recorded
699
+ vote is demanded, including a description of the motion, order, or
700
+ other proposition, the name of each member voting for and each member
701
+ voting against such motion, order, or proposition, and the names of
702
+ those members of the Committee present but not voting.
703
+ (b) Archived Records.--The records of the Committee deposited at
704
+ the National Archives shall be made available for public use in
705
+ accordance with Rule VII of the Rules of the House. The Chair shall
706
+ notify the Ranking Member of any decision, pursuant to clause 3(b)(3)
707
+ or clause 4(b) of such rule, to withhold a record otherwise available.
708
+ Upon written request of any member of the Committee, the Chair shall
709
+ present the matter to the Committee for a determination, which shall be
710
+ subject to
711
+ the same requirements for conduct of Committee business under Committee
712
+ Rule 2.
713
+ RULE 7. QUORUMS AND RECORDED VOTES; POSTPONEMENT OF VOTES.
714
+ (a) Establishment of a Quorum.--
715
+ (1) For the purpose of taking testimony and receiving evidence,
716
+ no fewer than two members of the Committee shall constitute a
717
+ quorum.
718
+ (2) A majority of the members of the Committee shall constitute
719
+ a quorum for those actions for which the Rules of the House of
720
+ Representatives require a majority quorum.
721
+ (3) A majority of the members of the Committee shall constitute
722
+ a quorum for issuing an official Committee report pursuant to
723
+ Rule 5 of the Committee rules and section 4(d) of H. Res. 8
724
+ (117th Congress).
725
+ (4) For the purposes of taking any other action, one-third of
726
+ the members of the Committee shall constitute a quorum.
727
+ (b) Recorded Votes.--A recorded vote may be demanded by one-fifth
728
+ of the members present.
729
+ (c) Postponement of Votes.--Pursuant to clause 2(h)(4) of the Rules
730
+ of the House, the Chair, after consultation with the Ranking Member,
731
+ may postpone further proceedings when a recorded vote is ordered on the
732
+ question of approving any measure or matter or adopting an amendment
733
+ and may resume proceedings on a postponed vote at any time after
734
+ reasonable notice to Members by the Clerk or other designee of the
735
+ Chair. When proceedings resume on a postponed question, notwithstanding
736
+ any intervening order for the previous question, an underlying
737
+ proposition shall remain subject to further debate or amendment to the
738
+ same extent as when the question was postponed.
739
+ RULE 8. COMMITTEE STAFF.
740
+ (a) Professional and other staff of the Committee are subject to
741
+ the provisions of clause 9 of rule X of the Rules of the House of
742
+ Representatives.
743
+ (b) Majority Staff.--The Chair shall appoint and determine the
744
+ remuneration of, and may remove, the employees of the Committee not
745
+ assigned to the minority. The staff of the Committee not assigned to
746
+ the minority shall be under the general supervision and direction of
747
+ the Chair, who shall establish and assign the duties and
748
+ responsibilities of such staff members and delegate such authority as
749
+ he or she determines appropriate.
750
+ (c) Minority Staff.--The Ranking Member shall appoint and determine
751
+ the remuneration of, and may remove, the staff assigned to the minority
752
+ within the budget approved for such purposes. The staff assigned to the
753
+ minority shall be under the general supervision and direction of the
754
+ Ranking Member, who may delegate any authority he or she determines
755
+ appropriate.
756
+ (d) The Chair and Ranking Member have the right to secure one or
757
+ more detailees to assist with the work of the Committee.
758
+ RULE 9. BUDGET.
759
+ (a) The Chair, in consultation with the Ranking Member, shall
760
+ prepare a budget providing amounts for staff, committee travel, field
761
+ hearings, investigation, and other expenses of the Committee. Funds
762
+ authorized for the Committee as provided in clause 6 of Rule X are for
763
+ expenses incurred in the activities of the Committee.
764
+ (b) Consistent with clause 9 of Rule X, the Chair shall designate
765
+ an amount equal to 1/3 of the amount provided to the Committee in the
766
+ primary expense resolution adopted by the House of Representatives to
767
+ be under the direction of the Ranking Member for the compensation of
768
+ the minority staff, travel expenses of minority members and staff, and
769
+ minority office expenses. All expenses of minority members and staff
770
+ shall be paid for out of the amount so set aside.
771
+ RULE 10. TRAVEL.
772
+ (a) The Chair may authorize travel for any member and any staff
773
+ member of the Committee in connection with activities or subject
774
+ matters under the general jurisdiction of the Committee. Travel to be
775
+ reimbursed from funds set aside for the Committee for any member of
776
+ staff member shall be paid only upon the prior authorization of the
777
+ Chair. Before such authorization is granted, there shall be submitted
778
+ to the Chair in writing the following:
779
+ (1) The purpose of the travel.
780
+ (2) The dates during which the travel is to occur.
781
+ (3) The names of the states or countries to be visited and the
782
+ length of time to be spent in each.
783
+ (4) An agenda of anticipated activities.
784
+ (5) The names of members and staff of the Committee for whom
785
+ the authorization is sought.
786
+ (b) Members and staff of the Committee shall make a written report
787
+ to the Chair on any travel they have conducted under this subsection,
788
+ including a description of their itinerary, expenses, and activities,
789
+ and of pertinent information gained as a result of such travel.
790
+ (c) Members and staff of the Committee performing authorized travel
791
+ on official business shall be governed by applicable laws, resolutions,
792
+ and regulations of the House and of the Committee on House
793
+ Administration.
794
+ RULE 11. WEBSITE.
795
+ The Chair shall maintain an official Committee website for the
796
+ purpose of carrying out the official responsibilities of the Committee,
797
+ including communicating information about the Committee's activities.
798
+ The Ranking Member may maintain a minority website. To the maximum
799
+ extent feasible, the Committee shall make its publications available in
800
+ electronic form on the official Committee website maintained by the
801
+ Chair.
802
+
803
+ The proposed rules were circulated electronically to
804
+ members on Tuesday morning and again yesterday. The proposed
805
+ rules include technical and conforming changes to the rules the
806
+ Select Committee adopted last Congress.
807
+ So I wonder if we have any proposed amendments?
808
+ Without objection, the further reading--okay. Let's see, no
809
+ amendments? Great.
810
+ Mr. Graves. Madam Chair.
811
+ Ms. Castor. Rep. Graves, you are recognized.
812
+ Mr. Graves. Thank you.
813
+ Madam Chair, as you and I discussed this and I told you
814
+ that we were okay with the rules package, I have one request.
815
+ In the truth in testimony section, which is (b)(3), I
816
+ understand that this is one of the greatest revisions in the
817
+ rules, and it is my understanding that this was done in order
818
+ to comply with revisions in House rules related to truth in
819
+ testimony, and obviously those things need to be aligned.
820
+ One of our members brought up an issue this morning, and I
821
+ just want to ask would it be okay if our staffs can get
822
+ together to work to reconcile this. The intention of these
823
+ revisions are to ensure that we have full disclosure of any
824
+ foreign agents or foreign interests that are testifying or
825
+ operating before the committee, which certainly makes sense.
826
+ As we know, some countries operate through surrogates, and
827
+ we have seen that some companies have--excuse me, some
828
+ countries--use companies or not-for-profits and others to
829
+ convey their message and effectively operate in a subversive
830
+ manner.
831
+ And I just--in reading this, it is clearly the intent to
832
+ capture those sorts of folks that may not be fully transparent
833
+ in their background or their motives. And I just wanted to ask
834
+ if it would be okay if our staffs could take a fresh look at
835
+ this provision and just ensure that it would capture anyone
836
+ that is operating on behalf of a foreign government but perhaps
837
+ doing it through a surrogate like a company or something along
838
+ those lines.
839
+ Ms. Castor. Yeah, I appreciate that. And I know Rep. Palmer
840
+ had raised a question on that account.
841
+ So, first of all, thank you for reading the rules and
842
+ thinking them through. The changes relating to that section
843
+ reflect the changes to the House rules, so we like to keep in
844
+ sync with the House rules so to avoid confusion. But I get your
845
+ point. So we will--our staff can discuss and talk about this,
846
+ and if we need to go back to the Rules Committee and have some
847
+ clarification, we can do that. We will also give the bipartisan
848
+ staff the ability to make any technical changes and bring them
849
+ back to us if we need to do that.
850
+ Mr. Graves. Thank you. Thank you, Madam Chair. If my WiFi
851
+ wasn't out and Netflix didn't work, I am not sure I would have
852
+ read them. But thank you.
853
+ Ms. Castor. Okay. Any other questions or comments or
854
+ proposed amendments?
855
+ Seeing none, the question is now on the adoption of the
856
+ rules.
857
+ All those in favor, say aye.
858
+ Those opposed, say no.
859
+ In the opinion of the chair, the ayes have it, the rules
860
+ are adopted.
861
+ And without objection, the motion to reconsider is laid
862
+ upon the table.
863
+ I now ask for unanimous consent that the staff be allowed
864
+ to make any technical and conforming changes to the rules
865
+ subject to approval of the minority.
866
+ Hearing no objections, it is so ordered.
867
+ And guess what? We have no further business.
868
+ I would like to thank everyone for attending today's
869
+ meeting. I look forward to a productive year ahead. We are
870
+ going to be developing a number of upcoming hearings, if you
871
+ all have--we welcome any input from all members of the
872
+ committee, so please don't hesitate to pass those along.
873
+ Again, welcome to our new members. Thank you all for
874
+ helping us go through this organizational meeting in a very
875
+ smooth way.
876
+ And, without objection, this meeting is adjourned. Thanks,
877
+ everybody.
878
+ Mr. Casten. Madam Chair, before we adjourn, can I make one
879
+ comment?
880
+ Ms. Castor. Rep. Casten, you are recognized.
881
+ Mr. Casten. So, look, this is a comment mostly to my
882
+ Democratic members. Our illustrious chair, as some of you may
883
+ not be aware, is also the chair of the Congressional Soccer
884
+ Caucus. And with the addition of Reps. Gonzalez and Crenshaw, I
885
+ believe that we now have, maybe with the exception of Rep.
886
+ LaHood, all of the Republican players on the congressional
887
+ soccer team last year.
888
+ We have the coach on our side and myself, and so to my
889
+ Democratic colleagues, we need to beef up the squad, and I
890
+ would encourage you to join the Congressional Soccer Caucus and
891
+ play once we get to a COVID point again, because there is far
892
+ too much leaning to one side of the aisle in this----
893
+ Mr. Huffman. You don't want to see me playing soccer, Sean,
894
+ but if we ever have a tennis match or if anyone wants to play
895
+ volleyball, we will talk.
896
+ Mr. Casten. I think it was myself and Rick Larsen and a lot
897
+ of much younger staff on the Democratic side last year, so our
898
+ Republicans are doing a better job at getting the old creaky
899
+ knees out on the field, and I think we have an obligation to
900
+ match their exuberance.
901
+ Mr. Graves. Well, you know what, Congressman Casten, I left
902
+ two ligaments on the field, so you will see those, I can tell
903
+ you.
904
+ Ms. Castor. Yes, that is right.
905
+ Ms. Bonamici. Well, and as the representative of----
906
+ Mr. Casten. That is right. I take it back, Garret. I wanted
907
+ to man up on you.
908
+ Ms. Bonamici. I represent Nike, and they typically sponsor,
909
+ and so I am getting pretty good at the coin toss, but I don't
910
+ think you will see me doing much else on the field. May the
911
+ best team win.
912
+ Ms. Castor. Excellent. Okay. Thanks, everybody.
913
+ Without objection, the meeting is adjourned. Have a great
914
+ weekend.
915
+ [Whereupon, at 10:17 a.m., the committee was adjourned.]
916
+
917
+ [all]
918
+ </pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body></html>