mr. kucinich. >> you're not recorded. >> i vote aye. >> mr. kucinich votes aye. you are not, sir. >> mr. burton votes no. >> mr. mckenry. >> votes no. >> mr. mchenry votes no. >> anyone else seek recognition. >> votes aye. >> mr. murphy votes aye. >> the clerk will report. on that vote, mr. chairman, there are 14 ayes, 23 nos. >> the amendment is not agreed to. we now call the roll on the lynch amendment. mr. i. no. >> mr. mica votes no. mr. plats votes no. mr. turner. mr. turner votes no. mr. mchenry votes no. mr. jordan votes no. mr. chaffetz. >> no. mr. chaffetz votes no. mr. mack votes no. mr. wahlberg. mr. wahlberg votes no. mr. langford votes no. mr. move votes no. mr. gozar. mr. labrador votes no. mr. meehan. mr. walsh. no. mr. gowdy votes no. mr. ross votes no. mr. ginta votes no. mr. thentholds votes no. mr. kelly votes no. mr. cummings. >> yes. >> mr. cummings votes aye. >> mr. towns. >> mr. towns votes aye. miss la moaneny votes aye. miss norton votes aye. mr. kucinich votes aye. mr. attorneyeny votes aye. mr. clay votes aye. mr. lynch. mr. clay votes

mr. kucinich of ohio. the chair: a recorded vote has been requested. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. this is a two-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

mr. kucinich? >> i just want to say that i want to associate myself to the concerns that my friend mr. kelly has expressed. but bottom line we're talking about power and money, how people get to the table. i don't think it has to do with republicans or democrats. mr. thompson, if i'm correct, just to show his bipartisan nature, he was able to be a part of involved in the transition for then governor givens, for energy -- or natural resources issues. so, you know, the fact of the matter is, we can go -- and i have gone into who is contributing to whom. part of the problem with this process, men and women who sit on these committees are good people. people who serve in congress are good people. the system is rotten. it's up for sale. and the unfortunate assumption that -- or the assumption that occurs about this unfortunate nexus between money and power is, you know, it's inarguable. the only question is, what about these programs. >> the gentleman yield? >> oh, of course. >> i would just point out i think that was the point that the doctor made, that this isn't a one-party problem. this

mr. kucinich of ohio. the chair: pursuant to the order of the house of today, the gentleman from ohio and a member opposed each will control -- mr. frelinghuysen: i reserve a point of order. the chair: each will control five minutes. the point of order is reserved. the gentleman from ohio, mr. kucinich, is recognized. the gentleman will suspend. mr. kucinich: my amendment -- the chair: the gentleman will suspend. the chair: the clerk will report the amendment offered by the gentleman from ohio. the er antffed b e short title, insert the following. section -- mr. kucinich: i ask unanimous consent that the amendment be reported as read. the chair: is there objection? mrfrghuyre will re e erk: inserthe following, seion, ne of the fundde ale under thi act be used to provide new lo the amount otherwise appropriated by this act for title 17, innovative technology loan guarantee program is hereby reduced by $33 million. the chair: does the gentleman from new jersey wish to reserve a point of order on -- mr. frelin

mr. kucinich. we're thinking the same here, mr. kucinich. but now we have it going the other way around, where we have the department of energy having private sector edit and draft internal documents that are communicating within the department of energy. if the american taxpayers can see what's going on in this program, and i believe it was your third point, doctor, in your testimony, you talked about this is what happens when cronyism gets to this level, and this much money is at stake. >> when a lot of money is at stake for a company, whether it's direct cash or loan guarantees, which would basically give them, as mr. kelly said, lower rates, then they would get on the open market. i mean, it actually shifts the -- a lot of the incentive for the company itself to expand a lot of energy rather than to please the company. but to please the government, or actually to meet the standards expected by the government. but i believe the reverse is true. i mean, there's a huge economic literature, public choice economics is all about the way the re

mr. kucinich: the gentleman is correct. and when you think of how many people -- most bankruptcy are connected to people not being able to pay hospital bills. and any single family has no one to dread of having one individual get ill and everything people worked their lifetime for, they lose. mr. ellison: the gentleman might reflect on the fact that many of these people you are referring to have insurance. mr. kucinich: that's right. think about this now. you can have insurance and if you run up against caps, lifetime caps on coverage, you are out of luck. you can be insured, because so many americans have gotten in trouble financially, even though they have insurance, they can't pay the bills. the bills have sent americans into poverty. and so we need to realize that we have taken a step in the direction of a standing support for the american people and their health care with the affordable care act, but it's not the final step. again, i'm here to share with you, mr. chairman, my willingness to continue the effort towards

mr. kelly and kucinich are raising. i want to deal with the issue that he mentioned which was the true impact of these programs. as i said and listen to you folks testify, one of the things that was readily apparent is whether or not these projects would have been done anyway. you said you started this in 2006. you started doing this program and have actually put some of these photo systems on your roofs before the loan program started. is that right? >> congressman, that is true. those programs prior to this were almost entirely financed by the utilities that we in essence -- they financed that program at that point in time. >> on the program thaw testified on regarding the program in california, i understand that that has not actually led to any installation of the operations on your roof tops. is that correct? >> that is correct. >> the 1705 program in your circumstance has not generated any stimulative effect, has it? >> congressman, if you don't mind, let me just give you a little bit of context to that. the progra

mr. kucinich: i'm going to shortly yield. ask unanimous consent that the gentleman from minnesota would be able to have the balance of the time. mr. ellison: if the gentleman from ohio wants to, you know, you know, we can share the time if you'd like. mr. kucinich: what would be -- i'd ask the parliamentarian, would it be possible for me to have unanimous consent to yield the remainder of my time to the gentleman from minnesota? the speaker pro tempore: unanimous consent is not required. under the speaker's announced policy of january 5, 2011, the gentleman from minnesota will control the remainder of the hour. mr. kucinich: ok. i would just ask for a moment to conclude here. you know, why am i bringing this up about the davis-bessy nuclear power plant? shouldn't some people say, well, why shouldn't you give first energy the benefit of the doubt? this is a company that 10 years ago covered up information about the whole -- hole in the head of a nuclear reactor. they were this close to having the -- a breach, this close, fractu

mr. kucinich. >> thank you very much for calling this hearing. i look forward to the witnesses and to learn more about the department of energy's loan guarantee program and what it achieved for the american people. before the witnesses take their oath to provide true and accurate testimony, i top the make sure our record is accurate to the best of our ability. on march 20th, 2012, our chairman issued a majority report alleging that "eoe violated the statutory requirement that projects commence construction by september 30th, 2011. in approving a loan guarantee for the project and to place solar panels in 28 states. accusing a federal agency of breaking the law is a serious accusation. it's not made lightly or shouldn't be without substantial evidence. the committee has in their position a report of a september 2nd 2011 site visit by engineers from doe and bank of america's independent contractor which appears to refute the accuracy of the majority's assertion. bank of america was the lender applicant on this project. at that time both bank of ame

mr. kucinich, i believe you voted to find the harriet myers bolten in contempt and president bush had asserted executive privilege. he then continued to assert executive privilege after it was voted successfully out of the house and it went to the u.s. attorney in the district of columbia, so there is a precedent of every member on that side of the aisle that was here probably voted for that contempt but having said that, this is not about that vote. we're trying to evaluate where the president might assert executive privilege, if he has asserted it, and we will take note of that, but since it hasn't been asserted before this committee, only a letter arriving from the deputy attorney general, that's the reason we're going forward. i will announce if the gentleman will continue yielding, it is our intent if the president produces a privilege log of what is not to be produced because categories specifically were part of his deliberate process, it would be my intention to carve that out of contempt to send a clean contempt resolution to the floor. we can't do that based on an assertion by the dep

mr. kucinich were raising. i want want to deal first with the issues that the true impact, the truth statement impact of these programs. as i said and i listened a folks testify, one of the things that became really apparent is one of these projects would been done anyway. you said you started this in 2006. you started doing this program and effective actually have put some these photovoltaic systems on your rose before the loan program started, is that right? >> congressman, that is true. those programs prior to this were almost entirely -- by the utilities that we in essence, you know, they financed that program at that point i. spent on the program he testified regarding the program in california. i understand that that is not actually lead to any installation of photovoltaic operations onto rooftops, is that correct? >> that is correct. >> so the 1705 program hasn't actually generated any stimulative effect, has its? >> well, congressman, if you don't mind, let me just give you a bit of context to that beca

mr. kucinich of ohio. the chair: a recorded vote has been requested. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. this is a two-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.] the chair: on this vote the yeas are -- the chair: on this vote the yeas are 136. the nays are 281 and the amendment is not adoipted. the unfinished business is a question for a recorded vote on amendment number 9 printed in the congressional record offered by the gentleman from texas, mr. burgess, on which further proceedings were postponed and on which the ayes prevailed by voice vote. the clerk will redesignate the amendment. the clerk: amendment number 9 pribted in the

mr. kucinich said holder wasn't hiding himself, what he was doing was hiding the document documents that we're seeking because, again, the department of justice concocted a scheme too send weapons to mexican drug dealers, of which one of those weapons at least killed a united states enforcement agent you heard there were several hundred others that were killed by this whole scheme that went sour. we tried up to last night, last night they made an offer to give give us a dribble or more documents. so far we've got about 7% or 8% of the documents that exist but the deal last night was we had to close down the investigation so selective presentation of evidence in a case in which an agent was killed and others were slaughtered and all resulting from the actions of the department of justice is not acceptable. >> suarez: representative kucinich, how do you respond to that? the core issue here being very important about houses of weapons ending up south of the borders in the hands of criminals. >> mr. mica is right. you can't argue whether or not congress has a right to look into this. we have

mr. kucinich votes no. [continuing roll call vote] >> the clerk will report. >> on the vote, there are 23 ayes, 17 no's. >> a quorum being present, the question is on favorable report and, of all those in favor signify by saying aye. those opposed no. the clerk will call the roll. >> [calling roll vote] >> the clerks will report. >> 23 ayes, 17 no's. >> the ayes have it. and a contempt record is ordered reported to the house. without objection, the staff shall be authorized to make necessary and technical corrections and conforming changes to the report. >> as to the requisite days to file? >> without objection, so ordered. the committee stands adjourned. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2012] >> coming up on c-span, the head of the drug enforcement administration testifies at a house judiciary hearing. then atlantic monthly hosts a form on the market for biofuels. and federal reserve chairman ben bernanke discusses the economy and fe

mr. kucinich is recognized for five minutes. >> thank you very much mr. chairman. at the risk of stating the obvious, the assertion of a cicada privilege has taken this proceeding into a whole new round, and while congress has a constitutional right on this committee to have rights delegated to require the production of records, the of administrations similarly has a constitutional right to claim executive privilege and refused to give those records. now when you have a conflict between the legislative branch and the executive branch, those conflicts generally will go to the courts to make the decision as to whether or not the administration claim of executive privilege should be upheld. it would seem to me that before this committee would take any action on the question of contempt, we would first appropriately have to apply to a court to order the production of the records. if then the records were not produced, it would seem that the question of contempt would then be germane. so i just want to ask the chairman that, in the interest of avoiding an untimely colli

mr. kucinich? now we have it going all the way around where we have doe having private sector at it and draft internal documents that are communicated within the department of energy. if the tax payers could see what is going on in this program, and i don't believe it was your third point in your testimony, he talked about this is what happens when cronyism gets to this level and as much money is at stake. >> when a lot of money is at stake for a company, whether cash or loan guarantees which would give them lower rate than they would get on the open market -- it schists and not of the incentive for the company itself to expend energy rather than to please the company, to please the government, or to meet the standard expected by the government. but i believe the reverse is true. there is a huge amount of economic ledger all about the way that reverse is true, too, where governments designed programs in order to feed some companies and some industries. it goes both ways. >> i find it amazing that o

mr. kucinich regarding section 1703 of the energy policy act of 2005. an amendment by mr. landry limiting funds relating to litigation methodology known as the modified charleston method. an amendment by mr. landry in section 801 of the energy independence and security act of 2007. an amendment by mr. luetkemeyer limiting funds for the study of conducted pursuant to section 5018-a-1 of the water resources development act of 2007. an amendment by mr. luetkemeyer regarding funds for the study authorized in section 108 of the energy and water development and related energies appropriations act, 2009. an amendment by mr. lujan regarding funding levels for defense environmental cleanup. an amendment by mrs. lummis regarding uranium. an amendment by mr. mcintyre, termination of periodic nourishment of water resource development projects. an amendment by mr. mulvaney regarding an across the board reduction. an amendment by mr. pearce regarding funding levels for defense environmental cleanup. an amendment by mr. polis regarding funding levels for weapons activities which shall be

mr. chairman, ranking member kucinich and subcommittee, i am robert mancini and i am the ceo. we are a wholly owned subsidiary and i am managing director of the kmodits business unit of the firm. thank you for the opportunity to appear this morning and speak to you about the energy and the solar generating plant in colorado. we are awe power producer in the business of developing, owning and operating power generation facility since 1983. we currently employ 200 full time employees in charlotte, north carolina as well as the generating facilities in colorado, virginia, florida, and california. and i am here to speak with you and it's not just in the renewable energy. it's focused on the projects throughout the united states that have included primarily natural gas and cold-fired facilities. in total, we developed power generation facilities with a combined generating kpft of over 5,000 mega watts of electric power, enough to power approximately two million homes. we are particularly focused on the continued development of natural gas fired generation as we believe the natural

mr. kucinich of ohio. an amendment number 9 by mr. burgess of texas. and amendment -- an amendment by mr. reed of new york. an amendment by ms. loretta sanchez of california. an amendment by mr. polis of colorado. an amendment by mr. lugen of new mexico. an amendment by mr. chabot of ohio. an amendment by mrs. blackburn of tennessee. an amendment by mr. mulvaney of south carolina. an amendment by mr. flake of arizona, an amendment by mr. king iowa. an amendment by mrs. lummis of wyoming. the chair will reduce to two minutes the time of any electronic vote after the first vote in this series. the unfinished business is the request for a recorded vote on the amendment offered by the gentleman from nebraska, mr. fortenberry, on which further proceedings were postponed and on which the yeas prevailed by voice vote. the clerk will redesignate the amendment. the clerk: amendment offered by mr. fortenberry of nebraska. the chair: a recorded vote has been requested. those in support of the request for a recorded vote will rise and be counted. a sufficient numb

mr. kucinich, i believe you -- i believe you voted on the meyers contempt. president bush had asserted executive privilege. he then continued to assert executive privilege after it was voted successfully out of the house, and it went to the u.s. attorney in the district of columbia. so there is a precedents. every member on that side of the aisle that was here probably voted for that contempt, but having said that, this is not about that vote. we are trying to evaluate where the president might assert executive privilege, if he has asserted it. we will take note of that, but since it hasn't been asserted before this committee, only a letter arriving from the deputy attorney general, that's the reason we are going forward. i will announce if the gentleman would continue yielding, it is our intent if the president produces a privileged log of what is not to be produced because categories specifically were part of his deliberative process, it would be my intention to carve that out of contempt so as to send a clean contempt resolution to the floor. we can't do