[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Issue]
[Pages 12739-12924]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 12739]]
HOUSE OF REPRESENTATIVES--Tuesday, May 19, 2009
The House met at 10:30 a.m. and was called to order by the Speaker
pro tempore (Mr. Tonko).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
May 19, 2009.
I hereby appoint the Honorable Paul Tonko to act as Speaker
pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 6, 2009, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
The Chair will alternate recognition between the parties, with each
party limited to 30 minutes and each Member, other than the majority
and minority leaders and the minority whip, limited to 5 minutes.
____________________
HONORING ARMY SPECIALIST JEREMIAH P. McCLEERY
The SPEAKER pro tempore. The Chair recognizes the gentleman from
California (Mr. McClintock) for 5 minutes.
Mr. McCLINTOCK. Mr. Speaker, I rise today with the sad duty of
recognizing the death in combat of Army Specialist Jeremiah P.
McCleery, age 24, of Portola, California.
Mr. Speaker, if you read the observations of his friends, you very
quickly realize this was not only an irreplaceable loss to his family
and a monumental loss to his community, but it was also a terrible loss
for our country.
Miah, as he was known, was simply a good kid. He made friends easily,
he had a great sense of humor, and he had wanted to join the Army since
he was 4 years old. He was an exemplary soldier who commanded the
friendship and respect of his colleagues. He had fallen in love with a
girl at Fort Hood before he shipped out, with their whole lives ahead
of them.
A friend of his, Josh Rodgers, was asked when Miah McCleery was
happiest, and the answer was, ``doing anything with his dad.'' They had
lost his mother, Collette, to cancer a few years ago. His father, Joe,
worked at a refuse collection company and later at a sheet metal
business, and Miah was often at his side.
That same friend was asked why Jeremiah had enlisted. The response,
``he always wanted to when he was a kid. He probably just wanted to out
of patriotic duty to go serve. And I think he wanted to go do his
part.''
The question first asked by Jim Michener thunders across the
countryside with a loss like this: ``Where do we get such men?'' Mr.
Speaker, I don't know how to offer condolences to Miah McCleery's
family, to his father, Joe, to his sisters, Lynette and Chastity, and
to his grandparents and many friends. The loss they bear is beyond my
comprehension.
I can only offer my awe and gratitude that humanity has within itself
a small band of brothers like Jeremiah McCleery who stepped forward not
for treasure or profit nor even to defend their own freedom. But
rather, to win the freedom of a people half a world away. And they do
it because their country asks and because it is virtuous and noble.
A few feet from here in the Capitol Rotunda is a fresco called the
``Apotheosis of Washington.'' It depicts General Washington, in
uniform, ascending to the heavens, flanked by victory and freedom, and
surrounded by the essence and fruits of a free Nation. And in that
depiction, Washington beckons.
From little towns like Portola, California, decent young men and
women with promising futures, like Jeremiah McCleery, have answered.
And I don't know where we get such men, and I don't know how their
families can bear it. But I do know what we owe them. And I do know
that we can never repay that debt, except to honor their memory and
keep their sacrifice always in mind, those who gave up everything ``to
proclaim liberty throughout all the land, and unto all the inhabitants
thereof.''
____________________
HONORING AND REMEMBERING LES SARNOFF
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Oregon (Mr. Blumenauer) for 5 minutes.
Mr. BLUMENAUER. This is an era where new media and communication
devices are seemingly created overnight. Was it only 3 years ago that
YouTube bounced on the scene? It seems like it was last week that we
first heard about Twitter.
Well, the first and most influential of the ``new media'' still plays
a large role in our lives. Radio captures that magic in part because of
the radio personalities who captivated us with their distinctive voices
and wit, made larger than life by how much was left to our imagination
in terms of the production and even what they looked like. William
Conrad was the radio voice of Gunsmoke's marshal, Matt Dillon, who was
played on TV by actor James Arness, 6 foot 6, tall and rangy with
craggy good looks. William Conrad, the radio voice, sounded that way,
but he was short and rotund. And while he looked distinctive, few would
confuse him with a matinee idol. From Fred Alan, Jack Benny and Edward
R. Murrow to Scott Simon, Garrison Keillor today, these people play an
important role not just in a communication and entertainment medium,
but in the lives of Americans.
In much of the commercial radio wasteland today, where content is
centralized and digitized, while costs are cut, local personalities,
who played such a profound role in virtually every community, are more
and more a distant memory.
In my hometown of Portland, Oregon, we are still blessed with a few
distinctive local voices. But sadly last month, we lost one who can
only be described as an icon. For decades Les Sarnoff was the most
distinctive personality in what started as an idiosyncratic, offbeat
and obscure FM station. He helped it grow into a major commercial
success and a Portland fixture. The characteristics that made him such
a well respected professional and beloved local figure helped him rise
above and survive the turmoil in the industry, the often destructive
changes, to brighten the mornings of tens of thousands of my neighbors
every day for the better part of three decades.
Les was a dedicated and disciplined professional, arising shortly
after midnight every weekday to spend hours in preparation before his
morning shift. He was a step ahead of legitimate trends in music, but
with a profound respect for both music and artists that was timeless.
He had a rapport and a chemistry with not only his audience, but the
outstanding people that were part of his morning team over the years.
Despite a demanding schedule and brutal hours, Les always made time to
be part of public events and public affairs.
[[Page 12740]]
Now, media and people in politics need for, professional and ethical
reasons, to maintain a certain distance. That is far more important to
a media personality like Les, than for a politician like me. And
observe that distance he did, but always with a sense that I was a
friend, with a sense of interest and awareness whenever I would visit
him in the station or more often do a telephone interview from our
Nation's Capitol or an occasional lunch or interaction at a civic
event. But it was not Les Sarnoff letting his guard down. It was Les
revealing that at core he liked, understood and respected everyone. He
was curious, funny and caring. Even in his passing, Les brought our
community together as thousands gathered last Sunday to honor his
memory in Portland's Pioneer Square, our City's front yard. By
reflecting on his life, we reflect on ours.
To his wife Rita, Les' many friends and colleagues, because of his
love for and work with you, we have all been touched. We will never be
the same without Les, but also, we will never be the same because of
Les Sarnoff.
____________________
WORLD HEPATITIS DAY
The SPEAKER pro tempore. The Chair recognizes the gentleman from New
York (Mr. Towns) for 5 minutes.
Mr. TOWNS. Mr. Speaker, today, May 19, marks the second annual World
Hepatitis Day, when the need for greater public awareness towards
prevention and treatment of this silent killer is recognized
internationally.
Hepatitis is a prime example of an issue that must be addressed now,
as Congress and the administration work together to create a
sustainable health care system for future generations.
Of those infected with viral hepatitis C, more than three-quarters
are unaware of their infection, making the long-term consequences of
HCV infection, including cirrhosis of the liver and liver cancer, a
greater, greater danger.
A study about HCV released just yesterday by Milliman Incorporated,
one of the Nation's most respected firms, tells a troubling story. They
are saying that over the next 20 years, medical costs for patients with
HCV infections are expected to increase from $30 billion in 2009 to
over $85 billion in 2024.
Chronic viral hepatitis is a leading cause of primary liver cancer,
one of the fastest growing cancers, which significantly impacts 6
million Americans and has a 5-year survival rate. The minority
population will be disproportionately affected. Hepatitis C is twice as
common among African Americans as among whites.
As a Member of the United States House of Representatives, I will
continue to support increased funding towards public education, early
detection, testing and counseling for patients. We cannot afford to be
silent about this disease any longer. We must speak out and take
action. That is what we need to do to curtail this very, very serious
problem.
____________________
THE DROUGHT CRISIS IN SAN JOAQUIN VALLEY
The SPEAKER pro tempore. The Chair recognizes the gentleman from
California (Mr. Costa) for 5 minutes.
Mr. COSTA. Mr. Speaker, I rise today to bring attention to a drought
crisis that is affecting California's San Joaquin Valley. Three years
of below-average rainfall have created tremendous hardships in valley
communities that are the backbone of California's agriculture economy.
We have heard time and time again about the deep, deep financial
impacts affecting all regions of our country. But in places like
Detroit and in places like the San Joaquin Valley, where you have 30
and 40 percent unemployment, it is no longer a deep recession, but it
is a depression.
Farmers and farm workers in the San Joaquin Valley grow over 350
different crops, employing tens of thousands of people and providing
half the Nation's fruits and vegetables. It is number one in the dairy
industry and a host of other important agricultural commodities that
are not subsidized, that don't use subsidized water, that, in fact, are
critical to healthy diets for Americans and provide a tremendous
balance of payments on our trade efforts abroad.
Sadly, though, three critical years of drought shortage have had a
devastating effect on communities in the San Joaquin Valley and in my
district. My district and Congressman Cardoza's district are at ground
zero where we have communities that have 30 and 40 percent
unemployment, communities that have 10 and 12,000 people, 30,000
people, 50,000 people. When one-third of the people in your community
don't have jobs, it is a depression.
Today, clearly, our environmental regulations are not working. We
have an inability to move water around California.
{time} 1045
We know that, if this drought lasts a fourth and fifth year, Katy,
bar the door.
These are food lines in communities in my district. The irony is that
these are some of the hardest working people you will ever meet.
Normally, they would be working in fields, working in processing
facilities, putting food on America's dinner plates. Sadly, they're in
food lines. How horrific in America. Many of my colleagues for the last
4 months, 5 months have been working to try to bring attention to our
State representatives, to our Governor and, here, to our President and
to the new administration in town because we know, in California, like
other parts of the country, droughts and floods are cyclical.
This photograph is an almond orchard that has been pulled out because
of a lack of water. So, to that degree, Congressman Cardoza and I, in
January, began meeting with the new administration, laying out a host
of administrative efforts that we thought, with flexibility, could
allow us to move water around from parts of the State that have water.
We have met with Secretary Salazar and his staff, with the Mid-Pacific
Region and their staff time and time again and with the Governor and
his director of water resources, and we have brought to the attention
of the President and of his White House staff the fact that they should
come to the valley and see firsthand the devastating impacts.
We need to have flexibility during times of drought. Clearly, people
are as important as the other environmental balances and trade-offs
that are there. If the Environmental Species Act were working, we would
not have a decline in the fisheries that have taken place over the last
two decades. So we are working on short-term efforts to try to deal
with the current situation in the event that this drought lasts a
fourth or a fifth or a sixth year.
The last drought we had in California lasted 6 years, from 1988 to
1993. I predict to my colleagues that if, in fact, this drought lasts a
fourth or a fifth year, California will be rationing water in southern
California and in the Bay Area, and we will see a horrific set of
circumstances affecting our State.
So it is time to act now, both with the short-term remedies as well
as with the long-term remedies. We need to try to do everything we can
to plan for the next year in the event that this drought continues. We
need to provide flexibility at the Federal and State pumps to move
water around, to make water banks work, and yes, in the long term, we
need to fix the plumbing system in the delta.
California has 38 million people. By the year 2030, it is estimated
we will have 50 million people. We have a water system designed for 20
million people. It cannot work. So, with a larger coalition of the
Latino Water Caucus, we marched on water in April. We are going to
continue to march. We are going to continue to try to seek out our
colleagues who want to constructively help us with the administration
to understand that both short-term and long-term investments in
California infrastructure are critical if we are going to solve this
problem.
This is a forerunner of what's occurring, not just here in California
but around the world. Water is the lifeblood of man's ability to
produce food and fiber. The problems we are having in California today
are happening around the world. We need to act today.
[[Page 12741]]
____________________
VETERANS COMMUNICATION IMPROVEMENT ACT
The SPEAKER pro tempore. The Chair recognizes the gentleman from New
Mexico (Mr. Heinrich) for 5 minutes.
Mr. HEINRICH. Thank you, Mr. Speaker.
I rise today to introduce the Veterans Communication Improvement Act.
This bill will provide for a smoother transition for servicemembers
moving to veteran status, and it will help facilitate the communication
between all veterans and veterans' services.
Currently, when a servicemember concludes his service to our country,
he fills out a form known as the DD-214. This form is essentially a
compilation of a member's time in the military. It includes awards and
medals and other pertinent service information such as promotions,
combat service or service overseas. The DD-214 also contains
information needed to verify military service for benefits, retirement,
employment, and membership in veterans' organizations, which makes it
one of the most important documents in the military.
As to be expected, the DD-214 contains the current physical address
and phone number of the veteran, but there is no place on the form for
a veteran to include his or her e-mail as the best way to be contacted.
Far too often, however, when servicemembers return home from active
duty or if a veteran has simply moved to a new home, they lose contact
with the Department of Veterans Affairs. This bill will enable one more
avenue of communication, an e-mail address, to be included on each
servicemember's DD-214 form.
For many veterans, particularly for our youngest veterans returning
from Iraq and Afghanistan, a personal e-mail address is the most common
and efficient way to communicate with them. In utilizing modern e-mail
technology, this legislation will make great strides in expediting the
delivery of benefits that our country's veterans unquestionably
deserve. These brave Americans and their families have made
immeasurable sacrifices to our Nation's well-being. I am honored to
sponsor this legislation, and I urge my colleagues to support it.
____________________
REGIONAL IMPACTS OF CLEAN ENERGY LEGISLATION
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Virginia (Mr. Connolly) for 5 minutes.
Mr. CONNOLLY of Virginia. I thank the Speaker.
Today, I rise as a southern Congressman to discuss the regional
impacts, Mr. Speaker, on clean energy legislation and on a renewable
electricity standard in particular.
We have heard that it is impossible to have a national renewable
electricity standard, because different States have different renewable
energy resources, and that the southeastern United States, in
particular, would be unable to meet targets established by the
renewable electricity standard in the draft American Clean Energy and
Security Act now being considered by the Energy and Commerce Committee
of this body.
I represent a State in which there is not a single utility-scale
renewable generation facility. The Virginia General Assembly has not
enacted a mandatory renewable electricity standard, so we have failed
to create market certainty for firms that would invest in renewable
energy otherwise. In contrast, New Jersey has 44 megawatts of grid-
connected solar capacity, fueled in part by a 22.5 percent renewable
electricity standard with solar set aside. New Jersey has more than
twice as much grid-connected solar energy generation than the total for
all States without a renewable electricity standard, including
Virginia, even though it has less solar exposure than any State in the
Southeast. What we have witnessed in the Southeast is not a lack of
natural resources but, perhaps, a lack of political will.
Since we are in the midst of the most severe economic contraction
since the Great Depression, the clean energy jobs legislation before us
represents not an academic debate but, rather, an opportunity to spur
economic growth and to reduce greenhouse gas pollution based in
successful policies that have been enacted at home and abroad.
Just as more than half of our States have enacted successful
renewable electricity standards, so too have other nations. Germany,
for example, has a lower solar exposure than almost all of the United
States, and yet it is the world's leader in renewable energy, as
documented in a recent article in the National Journal. In the last
decade, the number of Germans employed in the renewable energy sector
has grown from 30,000 to 280,000. Germany has installed 22,247
megawatts of wind energy and 3,811 megawatts of solar photovoltaic.
Strong mandatory incentives for renewable energy have fueled this jobs
boom in Germany.
The number of coal mining jobs in the United States has fallen by 50
percent in the last three decades, principally due to mechanization.
Those coal jobs disappeared from States like Virginia and West
Virginia, which lack incentives for renewable energy. In Germany, on
the other hand, the number of coal mining jobs also has fallen, but the
number of renewable energy jobs created has more than offset the lost
jobs by a factor of five. Unfortunately, many U.S. companies, like
First Solar, have built factories in Germany rather than here in
America because Germany had requirements for renewable energy
production.
The minority claims that a clean energy bill will result in net job
losses, but in reality, we are losing jobs right now because we do not
have a stronger clean energy policy. We cannot cling to antiquated
modes of energy production that are hemorrhaging jobs and then expect
to achieve, much less expedite, an economic recovery here at home. If
we are to drive economic growth, we must invest in innovation and in
job creation, not in exhausted resources and outmoded systems of
production.
Here in the South, where we have not benefited from strong renewable
energy incentives, we need a national renewable electricity standard to
create new jobs in both mill towns that have lost jobs overseas and in
prosperous business centers such as those I represent in northern
Virginia. The Southeast has wind resources in the Continental Shelf, in
the Appalachian Mountains, and it has good solar exposure throughout
our entire region.
Now is the time, Mr. Speaker, to exploit those natural resources and
to produce energy right here at home. Now is the time to pass clean
energy jobs legislation with a strong renewable electricity standard.
____________________
CROSSROADS
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Kentucky (Mr. Yarmuth) for 2 minutes.
Mr. YARMUTH. Thank you, Mr. Speaker.
Mr. Speaker, this Congress is being called on to make some very
critical decisions. We are at a crossroads in this country and in the
world.
You know, we are trying to make bold moves. President Obama has
proposed a very bold agenda in the area of health care reform, energy
and education, and we have taken up that cause in this Congress, and we
are moving very decisively to make significant changes in this country.
From the other side, we hear reasonable questions: How much is this
going to cost? What about the deficits we will be incurring? What about
fiscal responsibility? Well, you know, there are two aspects to fiscal
responsibility. One is living within your means. There's no question
about that. We need to be able to do that. The other question is: How
do you prepare for the future? If we are living within our means and
are not willing to make the investments that we need to make, then the
future is going to be very bleak, indeed.
You heard just a few minutes ago my colleague from California, Mr.
Costa, talking about the need to promote infrastructure, to invest in
infrastructure and in the water supply in California. Well, this is
just one microcosm of the challenge we will face across the country
with bridges, roads, airports, air traffic controls, water systems,
[[Page 12742]]
sewers. We need to make significant investments in all of those areas
in order to provide the foundation, the infrastructure, for future
growth, and we're going to have to borrow money to do that. Similarly,
if we don't make the changes in our health care system and in our
energy system and in our education, we will not have the human
infrastructure that we need to move into the future.
You know, I've heard the minority leader on the other side say: How
much is it going to cost to do health care reform? Well, I'm not sure,
but we know how much it's going to cost not to do health care reform.
We've seen the projections. Tens of trillions of dollars over the next
70 years in additional deficit are forecasted for Medicare. That's if
we don't act. So we know what the cost of not acting is. It is time to
act. It is the fiscally responsible thing to do to adopt the agenda of
the Obama administration, and I look forward to being a part of that
historic effort.
____________________
WORLD HEPATITIS DAY
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Louisiana (Mr. Cassidy) for 2 minutes.
Mr. CASSIDY. I thank you.
Today is World Hepatitis Day. This has special meaning for me because
I'm a liver doctor, and I've spent 20 years treating hepatitis
patients. Three to four million Americans have hepatitis, and about
two-thirds of those folks are baby boomers. Maybe it has special
meaning for me because I'm a baby boomer, but it also includes firemen,
those affected at birth, Vietnam veterans, and many others who are
affected by this disease. Indeed, almost every person, almost every
family is touched by someone who has liver diseases.
Every year in this country, thousands die from liver disease. We
spend, roughly, $30 billion a year treating liver disease, and many
more are frightened, even though they shouldn't be, because they know
the terrible statistics I just cited. Hepatitis doesn't affect people
at the end of life, but rather, it can affect people in the primes of
their lives. When it does so, it potentially leaves behind orphans,
widows and widowers.
The best of the American spirit is compassion. Public policy should
reflect this compassion, and in this case, it will be for our friends,
our families and, in my case, my patients touched by hepatitis. Today,
on World Hepatitis Day, I ask that we, through public policy, pledge
our compassion to those so affected.
____________________
THE IMPORTANCE OF FISCAL RESPONSIBILITY
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Virginia (Mr. Perriello) for 5 minutes.
Mr. PERRIELLO. Thank you, Mr. Speaker.
I rise today as one of the younger Members of this body to speak out
about the importance of fiscal responsibility. As one of those young
enough who will take on much of the burden of the deficits created
today, I speak out of the urgency of our considering future generations
in the decades ahead as we look at this. It's certainly true that both
political parties have much to answer for in terms of the deficits that
have been run up, but it's also important that we do not embark on
revisionist history and suggest moral equivalence between the sides.
{time} 1100
We must remember that the last administration walked into a situation
where they had a $5.6 trillion surplus--a $5.6 trillion surplus--that
they turned into a $4.5 trillion deficit. That turnaround, you could
hear future generations crying as that great opportunity to restore
fiscal sanity was passed up and our national debt was doubled.
The Clinton administration and this body in the early 1990s took bold
steps to get us on the path towards fiscal responsibility. We saw the
same kind of bold leadership from the Democrats in my state, the
Commonwealth of Virginia, when Mark Warner came in as Governor,
inheriting a huge deficit, and turning it into a surplus and making
Virginia the best-managed State in the country. Governor Kaine moved in
and continued that tradition, even under much more difficult economic
times, of fiscal responsibility and sanity. So we know that this can be
done because we have seen Democrats do it at the national level, and we
have seen Democrats do it at the State level.
We have taken steps in this body to move in the right direction. I
think the budget should have gone further which is why I didn't support
it. But let there be no doubt that we turned this ship around from
unending deficits to cutting those deficits in more than half in the
next 5 years. This is the decent thing to do. It is the right thing to
do.
But in addition to the budget deficits that were run up in recent
years, there was also a running up of a jobs deficit. We hear people
talking now, worried suddenly about the jobs we could lose by getting
in front of the energy economy. What about the jobs we have already
lost? My colleague, Mr. Connolly, has already spoken to how many
millions of jobs have already gone overseas, good paying, advanced
manufacturing jobs, engineering jobs, that could have been here if this
body had the courage and the leadership to look forwards and not
backwards.
Again, both parties have been part of trade deals that I think have
been a bad bargain for the American worker. But let us have no doubt
that there are those in this body now ready to have the courage to be
ahead of the next big jobs boom and make sure that those next
generation of jobs will be created here in the United States as we move
towards a balanced budget, the kind of business climate where people
want to locate and where we dare the American consumer and American
business leaders to lead, to innovate, to create, to be at the
forefront of that new energy economy.
This jobs deficit that has been created hand in hand with our budget
deficit is one we can conquer. I believe we have taken great steps
already in this Congress to put ourselves at the forefront of science,
of research, of green energy. I come from an area of the country that
has a great deal of pain right now. We have more than 20 percent
unemployment in some of the towns in our districts as factories have
gone overseas.
As we look at the possibility for alternative energies, energy
efficiency technology, smart grid technology, advanced battery
manufacturing, I believe our side has the courage to say America can do
that better than anybody else. I believe southside Virginia can do that
better than anyone else. But we will not get it by continuing the moral
deficit we have had in our politics in recent years that puts the easy
ahead of what is right. That puts partisan gains of right and left
ahead of right and wrong.
The Democrats have a strong track record of fiscal responsibility in
my State of Virginia and here in this body. We have begun a path that I
hope we will continue to march down toward fiscal responsibility that
will generate the jobs and the economic competitiveness that this
country needs.
So I rise today hopeful and happy that we are part of that new change
here to bring back and close in this time, to close the moral deficit,
close the jobs deficit, and close the budget deficit and restore the
kind of responsibility that future generations deserve.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until noon today.
Accordingly (at 11 o'clock and 4 minutes a.m.), the House stood in
recess until noon.
____________________
{time} 1200
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Blumenauer) at noon.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
[[Page 12743]]
One God and Father of all, we ask You to renew Your spirit within us
and lift up this Nation in confidence, in determination and
transformative thinking.
Members of Congress are distinctly unique individuals representative
of America. They are not only racially, religiously and politically
different; they are personally and philosophically different, one from
another, closest to their families and the people of their districts.
Yet by coming here, they are called to form one body, to guide and
protect this Nation as a whole. By unfolding before their very eyes the
depth and variety of human needs and by seeking a common response to
economic and social concerns, may they become Your instrument to
breathe hope in Your people and sustain perseverance in the historical
institutions of this great Nation, both now and forever. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from Minnesota (Mr.
Paulsen) come forward and lead the House in the Pledge of Allegiance.
Mr. PAULSEN led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
AIRSPACE REDESIGN OVER CONNECTICUT, NEW YORK AND NEW JERSEY
(Mr. HIMES asked and was given permission to address the House for 1
minute.)
Mr. HIMES. Mr. Speaker, I rise today to talk about the FAA's redesign
of the airspace over Connecticut, New York and New Jersey. Plans for
this redesign have moved forward, certainly in my district, without
proper and appropriate input from the stakeholders and from my
constituents affected by this move.
Planes are being rerouted to fly over southwestern Connecticut upon
descent into New York's airports, and my constituents have been
subjected to unnecessary and unprecedented levels of noise in their
homes and places of business. A day does not go by that I don't hear
this concern from my constituents.
Later this week I will be submitting an amendment along with my
colleagues Congressman Sestak and Congressman Engel during floor
consideration of H.R. 915, the FAA reauthorization bill. This amendment
will call simply for a cost-benefit analysis to be performed before the
redesign proceeds any further.
The amendment will require the cost-benefit analysis to take into
account direct costs as well as the indirect costs of alleviating the
noise that so affects my constituents.
I urge my colleagues to support this commonsense amendment to the FAA
reauthorization bill.
____________________
MEDICAL RIGHTS ACT
(Mr. KIRK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. KIRK. Mr. Speaker, many are concerned about waiting lines that
would come with a government health care program, and their fears are
well-founded. Canada and Europe restrict care for patients, especially
the elderly.
The President has outlined three principles for his bill: lower cost,
choice and access. I support these goals; and to back them, the
President should also endorse the Medical Rights Act.
Congressman Dent and I will introduce the Medical Rights Act
tomorrow. Our legislation is founded on this: The Congress should make
no law that blocks the decisions of American patients made with their
doctor.
If patients are our prime focus, then their rights should be
protected in law. If we do not enact the Medical Rights Act, patients
will be at risk when the government denies care, as routinely happens
in Canada.
Once denied government care, many Canadians find doctors in America.
If Congress orders the government to take over America's health care
system, then where will we be able to drive once denied from a
government health care system?
To prevent the mistakes of Canada and Britain, Congress should enact
the Medical Rights Act.
____________________
REDUCING THE DEFICIT
(Mr. ALTMIRE asked and was given permission to address the House for
1 minute.)
Mr. ALTMIRE. Mr. Speaker, Congress and the President continue to work
together to strengthen our economy and begin the process of reducing
the mountain the debt that has accumulated over the past 8 years.
We enacted a budget that reduces the deficit by two-thirds over the
next 4 years and by hundreds of billions over the next year alone. We
made the necessary hard choices to dig our way out of the hole we
inherited by eliminating programs that don't work and holding
government contractors accountable for every penny they spend.
We are addressing the issues that are driving our long-term deficit.
By making health care more affordable for every American, reducing our
dependence on foreign oil, and improving our education system to be
more globally competitive, we're taking the necessary steps today to
ensure that we correct the fiscal mistakes of the past and don't just
send the bill along to future generations.
____________________
CLOSING AUTOMOBILE DEALERSHIPS
(Mr. PAULSEN asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. PAULSEN. Mr. Speaker, recently the President's automobile task
force eliminated more than 3,000 Chrysler and GM dealerships
nationwide. These dealerships are small businesses with an average of
52 good-paying jobs each.
So the actions by the Federal Government, not the private auto
industry, just put over 150,000 people out of work with the wave of a
government wand. Most troubling is that the government's decision on
which dealers would close appears to be arbitrary, and the reasons are
not being shared with the public.
In my district, a long-time local dealer, Bill Mason's Chrysler Jeep
in Excelsior, was given 30 days by the President's auto task force to
shut its doors. Thirty days. It didn't matter that he built the
business, owns the land and provides good-paying jobs.
Mr. Speaker, it is wrong to let Washington bureaucrats pick winners
and losers without public notice at the expense of thousands of jobs.
____________________
RESTORING FISCAL ACCOUNTABILITY
(Ms. WATSON asked and was given permission to address the House for 1
minute.)
Ms. WATSON. Mr. Speaker, Democrats have been committed to fiscal
responsibility since taking control of the House in 2007. The
President's budget calls for health care reform, job creation, a clean
environment, energy efficiency, and college affordability to be
completely deficit neutral.
We are constantly reviewing the progress and spending of our recovery
programs to ensure a strong return on every public dollar spent. We're
also working to cut programs that don't work or government contracts
that don't deliver for the American people. We're working hard to
reform our Nation's health care system, which will reduce the deficit,
save money for consumers, and improve efficiencies in the health care
system.
In a key step, we scheduled oversight hearings and carefully reviewed
all
[[Page 12744]]
Federal spending within the committee's jurisdiction to eliminate
waste, fraud and abuse.
I applaud President Obama and the Democratic Congress for taking
these critical steps and we will continue working with him to reduce
our Nation's deficit and debt.
____________________
A TRIBUTE TO THE WILKES VFW POST 1142 HONOR GUARD
(Ms. FOXX asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. FOXX. Mr. Speaker, I rise today to pay tribute to the Wilkes
County, North Carolina, VFW Honor Guard. This band of brothers has
faithfully served the veterans and families of Wilkes County for the
past 12 years by honoring the lives of deceased veterans in Wilkes
County.
Every member of the Honor Guard volunteers his time throughout the
year to execute the Honor Guard's primary duty of performing military
funeral rights for deceased veterans. Their commitment to those who
have served our Nation demonstrates that they not only understand and
revere the life of sacrifice chosen by those who serve in the Armed
Forces, but they also know the toll military service takes on the
family of veterans.
In paying their respects to deceased veterans, the Wilkes VFW Honor
Guard is offering a tangible thank you to veterans' families and also
preserving an American tradition of marking the death of veterans with
dignity and respect.
I commend the Wilkes VFW Honor Guard members for their selfless
service to their community and their Nation. They are true patriots.
____________________
55TH ANNIVERSARY OF BROWN v. BOARD OF EDUCATION
(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Mr. Speaker, on Sunday this Nation recognized the 55th
anniversary of a great Supreme Court case--Brown v. Board of Education
of Topeka. That case overruled a case called Plessy v. Ferguson, which
legalized segregation in this country.
The people who brought about the Brown v. Board of Education effort
did much to start the civil rights movement and kindled a spirit and a
spark in America that has led to more equal justice and a better nation
that we are continually improving upon.
John Hope Franklin, who recently died and has been honored by this
House, researched the law on the subject; and Thurgood Marshall, who
later became a United States Supreme Court Justice, argued the case on
behalf of the NAACP Legal Defense Fund.
On this, the 55th anniversary of that historic case that kindled a
movement in this country that went from the streets and the churches to
this Congress, we need to recognize those who have fought so valiantly
for justice and liberty and civil rights in this Nation. I appreciate
their efforts and what they've done for our Nation.
____________________
CALIFORNIA BAILOUT
(Mr. POE of Texas asked and was given permission to address the House
for 1 minute.)
Mr. POE of Texas. Mr. Speaker, the State of California boasts the
highest tax rates, the highest number of unemployed residents, the
lowest credit rating and largest deficit in the United States of
America.
Businesses are leaving the State in droves because the tax burden
continues to hammer them. Spendacrats in California have been running
their State for decades, just like the new left government in D.C.
wants to run the entire country: tax and borrow and spend and spend.
Some spendacrats in D.C. want the American taxpayer to bail out
California by cosigning a guarantee for their municipal bonds, placing
the full faith and credit of the United States taxpayer on the hook.
Texas taxpayers and other States with responsible government
shouldn't be forced to send their money to a State that mismanages its
money, wastes its resources and spends money it doesn't have on
programs that don't work. Why doesn't California cut its spending binge
and addiction to government programs rather than expect the rest of us
to bail them out?
Next we'll hear that taxpayers will make money off the California
bailout investment, just like we were promised would happen with all
the money we gave Wall Street. Yeah, right.
And that's just the way it is.
____________________
FOCUS ON RENEWABLE ENERGY
(Mr. TEAGUE asked and was given permission to address the House for 1
minute.)
Mr. TEAGUE. In 2007 when I announced that I would be running for
Congress, people were surprised to find an oilman like myself
campaigning on a platform that emphasized energy independence through a
focus on renewable energy. But I told people in Hobbs, Roswell,
Carlsbad and across southern New Mexico that technologies like wind,
solar and biofuels were not only good for the environment but would
also create jobs in our communities and bolster our national security.
One area in which we can do a lot of good is biofuels. My State of
New Mexico is fortunate to have several biofuel organizations on the
cutting edge of research. Both private companies and the national labs
in my State are making excellent progress towards commercially
producing oil from algae and other green sources.
The United States currently uses 20 million barrels of petroleum each
day. American biofuels producers are aiming to reach 1 million barrels
a day of biofuel production, which will really be sending a message to
OPEC that America is serious about her energy independence.
____________________
{time} 1215
QUALITY SOLUTIONS FOR PATIENTS
(Mr. BOUSTANY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. BOUSTANY. Mr. Speaker, over the weekend, I was privileged to give
the weekly Republican address. And as a doctor, I've seen firsthand the
difficult challenges that face health reform, and at first glance, the
task really seems daunting. However, working together we can achieve
real results for the American people. We can lower out-of-pocket costs
for families and reduce the Federal deficit, which is ballooning out of
control. We can increase the quality of care by increasing the choices
and information patients have in order to work with their doctor, the
doctor they choose to decide the best care possible. Let's begin by
ensuring families can keep their current coverage, as the President has
promised to do. Then we can work to lower the cost of health care by
giving patients flexibility and choice rather than one-size-fits-all,
government-run health care. Working together, we can achieve real
results and make health care more affordable and accessible.
We all agree, improving our system will make America more competitive
and give families peace of mind. Let's work together to put the doctor
and patient back in control.
____________________
RESTORING FISCAL RESPONSIBILITY
(Ms. TITUS asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. TITUS. Mr. Speaker, after 8 years of economic policies that have
left our Nation's fiscal house awash in red ink, this Congress is
taking important steps to restore fiscal responsibility. We inherited a
fiscal and economic mess that included soaring unemployment, a record
deficit and a housing crisis. Faced with the worst recession in a
generation, this Congress took unprecedented action in an effort to end
our economic slide and turn our economy around.
[[Page 12745]]
First was the recovery package that invested in needed infrastructure
and provided tax relief to 95 percent of working Americans. And now,
with a budget that calls for health care reform, job creation, clean
energy and investments in education, we will grow our economy while
cutting the deficit by two-thirds over the next 5 years. By providing
real oversight and honest accounting and with a commitment to fiscal
responsibility, we are changing the way business is done in Washington.
____________________
NATIONAL ENERGY TAX KILLS JOBS
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, it is troubling that with
so many other strategies to move our country to a cleaner energy
future, there are still some advocating that we impose a national
energy tax. This tax will attack the budgets of American families,
costing an extra $3,000 each year. And it will drive businesses and the
jobs they create overseas.
The administration and Democratic Congress who claim to be opposed to
offshoring of American jobs are encouraging companies to leave America.
This Nation does not need to impose new taxes on its citizens to
achieve the common goal of a clean energy future. We have the natural
resources here that can provide the revenue and the bridge to that
future. We have the scientists and entrepreneurs that will create the
next generation of energy resources. And we have the citizens who
understand the benefit to their lives and to their budgets of
commonsense conservation. We should explore, innovate and conserve, not
tax and eliminate jobs.
In conclusion, God bless our troops, and we will never forget
September the 11th and the global war on terrorism.
____________________
PAYING TRIBUTE TO CLAUDINE WILLIAMS, A TRUE LAS VEGAS PIONEER
(Ms. BERKLEY asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Ms. BERKLEY. I rise today to pay tribute to a dear friend and a true
Las Vegas pioneer, Claudine Williams, who died last week at the age of
88. Claudine was a smart, savvy, tough businesswoman with a heart of
gold and a true commitment to the community she helped shape into the
21st century, Las Vegas, known around the world. As the first woman to
own and run a casino on the Las Vegas Strip, the famous Silver Slipper,
Claudine redefined Nevada's gaming industry and in the process opened
the doors for countless others to follow in her footsteps. She was a
generous philanthropist, contributing millions of dollars to local
charities. And while she had very little formal education herself, she
was a major contributor and supporter to the University of Nevada Las
Vegas.
Claudine was a gracious hostess for the millions she welcomed through
the doors of her successful hotel casinos. Claudine was truly one of a
kind. She is irreplaceable. She will be missed. But her charitable
contributions and the many lives this fabulous woman touched both
inside and outside the gaming industry will continue to enrich Las
Vegas for decades to come. I loved her. She is truly a dear woman. And
I will miss her terribly.
____________________
NATIONAL SMALL BUSINESS WEEK
(Mrs. DAHLKEMPER asked and was given permission to address the House
for 1 minute.)
Mrs. DAHLKEMPER. Mr. Speaker, I rise today during National Small
Business Week on behalf of the millions of small businesses across the
country.
As a family business owner and chairwoman of a Small Business
subcommittee, I know firsthand that these small firms are the driving
force behind job creation and our economic recovery. Therefore we have
an obligation to assist these hardworking Americans during these
difficult times.
The Recovery Act was an important first step generating $21 billion
in new lending and investment opportunities for entrepreneurs. However,
we must go further and relieve the pressure small businesses experience
from the skyrocketing cost of health insurance. Finally, we must help
small businesses get the resources they need like those found in the
Job Creation Through Entrepreneurship Act that the House will take up
this week.
Mr. Speaker, small businesses are critical both to job creation and
our Nation's recovery. During National Small Business Week, Congress
should renew our commitment to giving them the assistance they deserve.
____________________
CONGRATULATING AVERETT UNIVERSITY IN DANVILLE, VIRGINIA
(Mr. PERRIELLO asked and was given permission to address the House
for 1 minute.)
Mr. PERRIELLO. Mr. Speaker, yesterday the House unanimously passed a
resolution I was pleased to introduce in recognition of Averett
University's 150 years of service and leadership to the Commonwealth of
Virginia and the Nation. Averett University stands at the center of
knowledge and innovation in southern Virginia. Founded in historic
Danville in 1859, Averett stands as a testament to the virtues of
progress and opportunity.
It began as a school for young women at a time when educating women
was an unconventional notion. Continuing in this spirit, Averett was
among the first colleges in Virginia to give tangible meaning to the
terms ``lifelong learning'' and ``career education'' by creating an
accelerated program of higher learning for working adults.
Today Averett has an enrollment of over 2,500 students and offers 32
major academic fields of study. The university was recently recognized
nationally by U.S. News and World Report as one of the leading
baccalaureate-granting colleges in the South. For over 150 years,
Averett University has contributed to the strength of our Nation by
providing men and women with the tools of thought and the spirit of
service.
I congratulate them on this accomplishment and look forward to their
next chapter.
____________________
HONORING THE REVEREND JOHN PRATT
(Mr. TOWNS asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. TOWNS. I rise to talk about the passing of Rev. John Pratt of the
Zion Shiloh Baptist Church in Brooklyn, New York. He pastored that
church for 30 years. John Pratt is going to be missed in the Borough of
Brooklyn. He was the kind of person that was always involved in
community efforts. Whatever you needed to have done, John Pratt was a
person that you could count on. Not only that, he was unusual in many
ways, because you could talk to him and, of course, he wouldn't call a
press conference on you. You just could have a discussion with him and
then he would do whatever it was, and you didn't have to worry about
him calling a big press conference to let the world know that you had
asked him to do something.
He was the kind of person that was able to pull people together. He
was a coalition builder. We are going to miss John and his coalition
skills because he could talk to anybody at any point in any time. And
that was the thing that he was able to do so well.
I will never forget that when my mother passed, how John was there on
behalf of my family. So let me say to the Pratt family that you have my
support in every way. If there is anything I can do, just let me know.
I would be delighted to do it, because he was there for me, and I want
to be there for you.
____________________
FISCAL RESPONSIBILITY
(Mr. ELLISON asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
[[Page 12746]]
Mr. ELLISON. Mr. Speaker, I want to talk this morning about a matter
of great importance to the American people. As this new Congress and
President Obama begin to repair and reshape our economy, I think it is
critically important for Americans to know and remember how we got into
this mess we find ourselves in today.
President Obama and this Congress inherited a fiscal mess from the
Bush administration, including a record deficit and soaring
unemployment. Since taking control of the House in 2007, Democrats have
committed to restoring fiscal responsibility, taking steps to cut
waste, fraud and abuse. The President's budget slashes the deficit by
nearly two-thirds in 4 years. The budget also calls for health care
reform, job creation, clean energy and energy efficiency, and college
affordability.
We will continue to work to repair the damage of the last 8 years of
irresponsibility.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote incurs objection under clause 6 of rule XX.
Record votes on postponed questions will be taken later.
____________________
ENHANCED OVERSIGHT OF STATE AND LOCAL ECONOMIC RECOVERY ACT
Mr. TOWNS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2182) to amend the American Recovery and Reinvestment Act of 2009
to provide for enhanced State and local oversight of activities
conducted pursuant to such Act, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2182
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Oversight of State
and Local Economic Recovery Act''.
SEC. 2. REQUIREMENTS FOR FUNDING FOR STATE AND LOCAL
OVERSIGHT UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009.
(a) Federal Agency Requirement.--Section 1552 of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 123 Stat. 297) is amended--
(1) by inserting ``(a) Federal Agency Requirement.--''
before ``Federal agencies receiving'';
(2) by striking ``may,'' and all that follows through
``reasonably'' and inserting ``shall, subject to guidance
from the Director of the Office of Management and Budget,'';
and
(3) by striking ``data collection requirements'' and
inserting ``data collection requirements, auditing, contract
and grant planning and management, and investigations of
waste, fraud, and abuse''.
(b) State and Local Government Authority.--Such section is
further amended by adding at the end the following new
subsection:
``(b) State and Local Government Authority.--
Notwithstanding any other provision of law, State and local
governments receiving funds under this Act may set aside an
amount up to 0.5 percent of such funds, in addition to any
funds already allocated to administrative expenditures, to
conduct planning and oversight to prevent and detect waste,
fraud, and abuse.''.
(c) Conforming Amendment.--The heading for section 1552 of
such Act is amended to read as follows:
``SEC. 1552. FUNDING FOR STATE AND LOCAL GOVERNMENT
OVERSIGHT.''.
SEC. 3. AUTHORIZATION FOR ACQUISITION BY STATE AND LOCAL
GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES.
Section 502 of title 40, United States Code, is amended by
adding at the end the following:
``(e) Use of Supply Schedules for Economic Recovery.--
``(1) In general.--The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for goods or services
that are funded by the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5).
``(2) Voluntary use.--In the case of the use by a State or
local government of a Federal supply schedule pursuant to
paragraph (1), participation by a firm that sells to the
Federal Government through the supply schedule shall be
voluntary with respect to a sale to the State or local
government through such supply schedule.
``(3) Definitions.--The definitions in subsection (c)(3)
shall apply for purposes of this subsection.''.
SEC. 4. DEFINITION OF JOBS CREATED AND JOBS RETAINED.
Section 1512(g) of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 288) is amended by
adding at the end ``The Director of the Office of Management
and Budget shall issue guidance to ensure accurate and
consistent reporting of `jobs created' and `jobs retained' as
those terms are used in subsection (c)(3)(D).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Towns) and the gentleman from California (Mr. Issa) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. TOWNS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TOWNS. Mr. Speaker, I yield myself as much time as I may consume.
I rise in support of H.R. 2182, the Enhanced Oversight of State and
Local Economic Recovery Act. H.R. 2182 will help ensure efficient and
effective use of the taxpayers' money provided to State and local
governments for stimulus projects. This legislation grew out of a
hearing the Oversight Committee held on the Recovery Act. Many State
and local officials responsible for overseeing spending of stimulus
dollars pointed out to us that in these troubled economic times, they
are under tremendous pressure to conduct their normal oversight work,
let alone cope with the increase that the Recovery Act requires.
Our hearings, Mr. Speaker, made clear, that State and local
governments need additional resources to monitor the large infusion of
funds the Recovery Act directs. H.R. 2182 will provide State and local
governments with the flexibility to set aside a portion of their
stimulus funds for auditing, contract and grant planning and
management, and investigations of waste, fraud and abuse.
The bill also permits State and local governments to use the Federal
supply schedules of the General Services Administration for stimulus
projects. The GSA schedules are prenegotiated Federal contracts for a
range of common goods and services.
This is a win-win situation because it will allow State and local
governments to acquire certain items without engaging in time-consuming
contracting procedures while guaranteeing the lowest rate price for
them.
Lastly, H.R. 2182 requires the Office of Management and Budget to
give detailed guidance to State and local governments to ensure
consistency in their reporting of job creation data. Our State and
local governments are on the front lines of the efforts to fight
mismanagement of Recovery Act dollars. Their success is vital to making
the stimulus work for the American people.
Let me pause here and thank Ranking Member Issa, who has worked very
closely with me in crafting this legislation, and I want to thank him
for that. I would also like to thank Representative Kucinich, who has
worked with us, Representative Platts, and Representatives Welch and
Connolly for working with me on this bill.
I should note that the legislation incorporates part of H.R. 1911,
which was introduced by Representative Connolly from Virginia. H.R.
2182 is a strong bill. I urge all Members to support this critical
oversight and accountability measure.
And I reserve the balance of my time.
{time} 1230
Mr. ISSA. Thank you, Mr. Speaker. I yield myself such time as I may
consume.
I join with the chairman in urging all Members to vote for this
important correction piece of legislation. I say
[[Page 12747]]
``correction'' because, in fact, we in Congress make mistakes. It
wasn't out of malice that we spent $800 billion without asking the
question of where would the money for oversight come from. These kinds
of things happen in every organization where you're in such a rush to
do one thing that it's not until later on in the light of the next day,
or in the case of Chairman Towns and myself, it's when we held a field
hearing in his district in Brooklyn and people said, Thank you very
much for the money, but here is A, B, C, D--what's really happening? I
commend Chairman Towns for quickly reacting to this and to some other
issues that were found to be less than optimal in the stimulus package.
In the case of this legislation, H.R. 2182, we seek to empower with
existing funds State and local governments to not have to reach into
other money in order to do oversight. This is not to say that we
wouldn't prefer that the oversight be done at all times even without
Federal money, but at a time in which the stimulus needs to be spent
quickly and accurately, this legislation recognizes that money in short
supply in States and in cities is likely not to go into the oversight
necessary.
Particularly with the chairman's initiative to ensure that
transparency be greater than in any previous Congress, I recognize--and
he has recognized--that if we want greater transparency, we are going
to have to ensure that we not only supply the funds to do the oversight
but that we supply the new technology and means to do the oversight.
This legislation is deliberately intended to allow for cities and
States to make investments in hardware or software that allows for them
to better dig down into their procurement process, their spending, to
work smarter, not just harder.
Having no other speakers at this time, I yield back the balance of my
time.
Mr. TOWNS. Mr. Speaker, in closing, I would like to reiterate my
strong support of H.R. 2182 as it provides State and local governments
with the flexibility and resources they need to properly monitor the
stimulus project. In our hearing, they asked for help, and of course,
with Congressman Issa and with members of the committee, we are now
giving them that help. I urge my colleagues to join me in supporting
the passage of this measure.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I stand before you today in
support of H.R. 2182, the ``Enhanced Oversight of State and Local
Economic Recovery Act.'' I would like to thank my colleague
Representative Towns for introducing this bill and I urge my colleagues
to support H.R. 2182, amending the American Recovery and Reinvestment
Act of 2009. Supporting this bill will ensure that those people
responsible for monitoring and accounting the $787 billion currently
being allocated through the Recovery Act are able to do so both fairly
and efficiently. I would also like to thank my legislative director,
Mr. Arthur D. Sidney, for all his hard work.
This bill will require federal agencies receiving funds under the
American Recovery and Reinvestment Act, subject to guidance from the
Director of the Office of Management and Budget (OMB), to reasonably
adjust applicable limits on administrative expenditures for federal
awards to help award recipients defray costs of data collection,
auditing, contract and grant planning and management, and
investigations of waste, fraud, and abuse required under such Act.
The ``Enhanced Oversight of State and Local Economic Recovery Act''
modifies the Recovery Act and provides state and local governments the
flexibility to set aside a portion of their stimulus funds, up to .5%
of such funds, in addition to any funds already allocated to
administrative expenditures, to conduct planning, management and
oversight investigations to prevent and detect waste, fraud, and abuse.
Furthermore, H.R. 2182 will permit the Administrator of the General
Services Administration (GSA) to provide for the use by state and local
governments of GSA federal supply schedules for goods or services
funded by such Act. The GSA schedules are pre-negotiated federal
contracts for a range of common goods and services, for stimulus
projects. In addition, this bill will make participation by a firm that
sells to a state or local government through such schedule, voluntary
as well as require the OMB Director to issue guidance to ensure
accurate and consistent reporting of ``jobs created'' and ``jobs
retained'' data.
There is much concern that state and local governments are unable to
meet the oversight demands placed on them by the Recovery Act. The
stimulus calls for unparalleled oversight and accountability, so we
must provide those whose job it is to root out waste, fraud, and abuse
with the adequate tools to get the job done. Our state and local
governments are on the front lines of this monumental effort to fight
mismanagement of Recovery Act dollars and their success is vital to
making the stimulus work. Not initially providing funds for state
auditors under the Recovery Act was an omission that needs to be
rectified. I encourage all of my colleagues to support this bill.
Mr. TOWNS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Towns) that the House suspend the rules
and pass the bill, H.R. 2182.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
ADAPTED HOUSING ASSISTIVE TECHNOLOGY GRANT PROGRAM
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1170) to amend chapter 21 of title 38, United States Code,
to establish a grant program to encourage the development of new
assistive technologies for specially adapted housing, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1170
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY
GRANT PROGRAM.
(a) In General.--Chapter 21 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2108. Specially adapted housing assistive technology
grant program
``(a) Establishment.--The Secretary shall make grants to
encourage the development of new assistive technologies for
specially adapted housing.
``(b) Application.--A person seeking a grant under this
section shall submit to the Secretary an application for the
grant in such form and manner as the Secretary shall specify.
``(c) Grant Funds.--(1) The amount of each grant awarded
under this section shall be an amount of not more than
$200,000 per year.
``(2) For each year in which the Secretary makes a grant
under this section, the Secretary shall make the grant by not
later than October 1 of that year.
``(d) Use of Funds.--(1) The recipient of a grant under
this section shall use the grant to develop assistive
technologies for use in specially adapted housing.
``(2) If the recipient of a grant under this section is
awarded a patent related to assistive technology developed
with amounts under the grant, the Secretary shall retain not
less than a 30 percent interest in such patent.
``(e) Report.--Not later than March 1 of each year, the
Secretary shall submit to Congress a report containing
information related to each grant awarded under this section
during the preceding calendar year, including--
``(1) the name of the grant recipient;
``(2) the amount of the grant; and
``(3) the goal of the grant.
``(f) Funding.--From amounts appropriated to the Department
for Medical Services for each fiscal year, $2,000,000 shall
be available for each such fiscal year for the purposes of
the program under this section.
``(g) Termination.--The authority to make a grant under
this section shall terminate on the date that is five years
after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 21 of title 38, United States Code, is
amended by adding at the end the following:
``2108. Specially adapted housing assistive technology grant
program.''.
(c) Deadline for Implementation.--The Secretary shall
implement the grant program under section 2108 of title 38,
United States Code, as added by subsection (a), by not later
than 180 days after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. FILNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise
[[Page 12748]]
and extend their remarks and to include extraneous material on H.R.
1170, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. I yield myself such time as I may consume.
Mr. Speaker, in about a week, on Monday, May 25, our country will
mark the 38th year in which Congress has formally recognized the last
Monday of May as Memorial Day in honor of our brave men and women who
have made the ultimate sacrifice for our Nation, so I stand before you
today with a series of bills to honor our fallen men and women and our
current veterans and those on current active duty with deeds and not
just with words that we speak on Memorial Day. So we want to honor the
legacy of our fallen servicemembers. We look forward to ensuring that
our veterans are cared for at the same level of dedication and service
that they have provided while in service to our country.
The bills before you today have all come through our Economic
Opportunity Subcommittee, chaired by Ms. Herseth Sandlin from South
Dakota and with her ranking member, Mr. Boozman from Arkansas. They
have proven to be a formidable team, a team which works well together,
which brings our committee together and which brings us bills that are
very important to our veterans today. So I thank both the Chair and her
ranking member for all of the good work that they do with our
committee.
I think I will yield to Ms. Herseth Sandlin to explain the bills
because she has played such an important role in them. I will yield to
her such time as she may consume.
Ms. HERSETH SANDLIN. Thank you, Mr. Speaker, and I thank the chairman
for yielding.
As the chairwoman of the Veterans Affairs' Economic Opportunity
Subcommittee, I rise today in strong support of H.R. 1170, as amended.
I would like to thank Chairman Filner, Ranking Member Buyer on the full
committee and the sponsor of the bill, and subcommittee ranking member,
Mr. Boozman, for their leadership and bipartisan support of this bill,
which the full committee passed on May 6.
The bill offers important improvements to the Department of Veterans
Affairs' Specially Adapted Housing Program by creating a 5-year pilot
program to promote the research and development of adaptive
technologies. With many veterans returning from the conflicts in Iraq
and Afghanistan with injuries such as traumatic brain injury, it is
important that research and development help meet the demand for cost-
effective solutions that could mitigate the needs for around-the-clock
nursing care or institutionalization for seriously wounded veterans.
These solutions can be as simple as ramps or other structural
modifications or they can be more complex, such as voice recognition
controls for a home's heating system.
Also, H.R. 1170, as amended, gives the Department of Veterans Affairs
a 30 percent stake in any patent approved as a result of this grant
program. This measure will allow taxpayers to receive a reasonable
return on their investment as well as to promote creativity and
ingenuity among the designers and inventors working with the VA on
these grants.
The Specially Adapted Housing Program has been a tremendous help to
many veterans, and it is expected to fund 1,250 projects in 2010. This
bill will expand and improve this program, and it is a wise investment
in our veterans.
I thank Chairman Filner for noting the working relationship that I
have with the distinguished ranking member, Mr. Boozman of Arkansas.
When he once chaired the subcommittee, we worked together then and
continue to work today on a whole host of programs, particularly
housing for our disabled veterans in light of the current needs of
veterans and their families.
I want to thank Mr. Boozman for sponsoring this important bill, and I
encourage my colleagues to support H.R. 1170, as amended.
Mr. BOOZMAN. I yield myself as much time as I may consume.
Mr. Speaker, on February 25, 2009, I, along with Congresswoman
Stephanie Herseth Sandlin, introduced H.R. 1170, which would amend
chapter 21 of title 38, United States Code, to establish a grant
program to encourage the development of new, assistive technologies for
specially adapted housing. H.R. 1170, as amended, would authorize the
VA to use up to $2 million per year to provide grants of up to $200,000
to expand research and development in the areas of adaptive
technologies that can be used in the VA's Specially Adapted Housing
Program.
The goal of VA's specially adapted housing benefit is to enable
severely disabled veterans to live in a home with modifications that
make daily life and daily living easier--typical adaptations or
structural modifications such as ramps, wider halls and doors, grab
rails, and lower counters. Yet there are many emerging technologies
that lend themselves well to improving the livability of adapted homes.
Some examples of possible home modifications are voice recognition and
voice-commanded operations, integrated computer-managed functions,
alternative human computer interfaces, living environment controls,
adaptive feeding equipment, fall prevention devices, and recreation
assistance equipment.
Finally, the bill includes a provision that is a result of funding an
R&D program. Under this authorization, the VA would retain a 30 percent
interest in any patents evolving from the grant.
I truly appreciate Congresswoman Herseth Sandlin in working with me
on this very important bipartisan legislation.
Again, Mr. Speaker, I want to thank the chairwoman of the
Subcommittee on Economic Opportunity, Ms. Herseth Sandlin, committee
Chairman Filner, and Ranking Member Steve Buyer for moving this bill
forward in a timely manner, as well thanking our staffs. I urge my
colleagues to support H.R. 1170, as amended.
With that, having no other speakers, I yield back my time.
Mr. FILNER. Mr. Speaker, I just want to conclude by telling the House
that, recently, we had a committee meeting to learn more about how new
technologies can augment the VA's ability to efficiently meet the
adaptive needs of our veterans and improve the healing process. We have
a new Secretary of the VA, who has committed himself to transformation.
We have a new Deputy Secretary, Mr. Gould, who comes from IBM and who
understands how a big organization can innovate. That's going to be an
important part of the VA's moving into the 21st century. This is a part
of that.
I thank Mr. Boozman for introducing it. I thank Chair Herseth Sandlin
for working with him to move this along. I recommend that everybody
vote for H.R. 1170.
I yield back the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 1170, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
MANDATORY VETERAN SPECIALIST TRAINING ACT OF 2009
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1088) to amend title 38, United States Code, to provide for
a one-year period for the training of new disabled veterans' outreach
program specialists and local veterans' employment representatives by
National Veterans' Employment and Training Services Institute.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1088
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Veteran Specialist
Training Act of 2009''.
[[Page 12749]]
SEC. 2. ONE-YEAR PERIOD FOR TRAINING OF NEW DISABLED
VETERANS' OUTREACH PROGRAM SPECIALISTS AND
LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES BY
NATIONAL VETERANS' EMPLOYMENT AND TRAINING
SERVICES INSTITUTE.
(a) One-Year Period.--Section 4102A(c)(8)(A) of title 38,
United States Code is amended by striking ``three-year
period'' and inserting ``one-year period''.
(b) Effective Date.--
(1) Applicability to new employees.--The amendment made by
subsection (a) shall apply with respect to a State employee
assigned to perform the duties of a disabled veterans'
outreach program specialist or a local veterans' employment
representative under chapter 41 of such title who is so
assigned on or after the date of the enactment of this Act.
(2) Applicability to previously-hired employees.--In the
case of such a State employee who is so assigned on or after
January 1, 2006, and before the date of the enactment of this
Act, the Secretary of Veterans Affairs shall require the
State to require, as a condition of a grant or contract under
which funds are made available to the State in order to carry
out section 4103A or 4104 of title 38, United States Code,
each such employee to satisfactorily complete the training
described in section 4102A(c)(8)(A) of such title by not
later than the date that is one year after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. FILNER. I ask unanimous consent that all Members may have 5
legislative days to revise and extend their remarks and to include
extraneous material on H.R. 1088.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. I yield myself such time as I may consume.
Mr. Speaker, this legislation was introduced by Ms. Herseth Sandlin
of South Dakota. She has demonstrated her commitment to our Nation's
veterans for many, many years. Her work as Chair of the Economic
Opportunity Subcommittee, with Mr. Boozman, always bears fruit. H.R.
1088 is one of those bills.
I yield to the gentlewoman from South Dakota (Ms. Herseth Sandlin) as
much time as she may consume to explain the bill.
Ms. HERSETH SANDLIN. Thank you, Mr. Speaker, and I thank the chairman
once again.
I rise today in strong support of H.R. 1088, the Mandatory Veteran
Specialist Training Act of 2009, which the Economic Opportunity
Subcommittee passed on March 19 and which the full committee approved
on May 6.
I want to thank again Chairman Filner, the ranking member of the full
committee, Mr. Buyer, and once again the distinguished ranking member
of the subcommittee, Mr. Boozman, for their leadership and for, again,
their bipartisan support of this bill, which I introduced on February
13, 2009.
The bill would amend title 38 to reduce from 3 years to 1 year the
period during which disabled veterans' outreach program specialists or
local veterans' employment representatives with the Department of Labor
must complete the specialized veterans' employment training program
provided by the National Veterans' Training Institute. The National
Veterans' Training Institute program is designed to give those
specialists the correct skill set that can help veterans so that they
can help veterans with a wide variety of employment services such as
transition assistance and case management.
{time} 1245
Through several oversight hearings held by the Subcommittee on
Economic Opportunity that we have held throughout the 110th and 111th
Congresses, we learned it was taking on average 2.5 years before
individuals were completing the National Veterans Training Institute
Program. This fact, therefore, leaves untrained specialists who don't
have the necessary skills trying to help veterans with their employment
needs. So this bill takes an important step in the right direction to
providing better employment assistance to those who have bravely served
their country.
Again, I thank Chairman Filner for his support of this important
bill, and I urge my colleagues to support this bill.
Mr. BOOZMAN. I yield myself such time as I may consume.
Mr. Speaker, providing first-class employment services to veterans is
the most basic way to ensure they can support themselves and their
families, and that is why I rise in strong support of H.R. 1088, the
Mandatory Veteran Specialist Training Act of 2009. This measure would
amend title 38 of the United States Code to provide for a 1-year period
for the training of new disabled veterans' outreach program specialists
and local veterans' employment representatives by the National
Veterans' Employment and Training Services Institute.
H.R. 1088 was introduced by our distinguished colleague, the
chairwoman of the Subcommittee on Economic Opportunity, Stephanie
Herseth Sandlin, on February 13, 2009. Mr. Speaker, I was pleased to
work with Ms. Herseth Sandlin in the 109th Congress to begin the
process of improving the training levels of State and employment
service staff. We did that because there was a significant backlog of
untrained staff and we needed to give States adequate time to train
their veterans' employment staff that were paid for with Federal funds.
Together, we passed legislation to require State employment services to
send their disabled veterans' outreach program specialists--or DVOPS--
and local veterans' employment representatives through basic job
placement training within 3 years.
States have had sufficient time to meet the initial training backlog,
and we should now require that employment specialists be trained within
a shorter period of time to ensure veterans' employment staff is
trained properly and promptly after being hired by the State employment
service.
Again, I appreciate Ms. Herseth Sandlin for bringing this forward. I
think it's an excellent bill.
Having no other speakers, I want to thank committee Chairman Filner
and Ranking Member Steve Buyer, along with our staffs, and urge my
colleagues to support H.R. 1088.
With that, I yield back my time.
Mr. FILNER. I, again, thank the chair and the ranking member, and I
urge all of my colleagues to unanimously support H.R. 1088, and I yield
back the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 1088.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
VETERANS EMPLOYMENT RIGHTS REALIGNMENT ACT OF 2009
Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1089) to amend title 38, United States Code, to provide for
the enforcement through the Office of Special Counsel of the employment
and unemployment rights of veterans and members of the Armed Forces
employed by Federal executive agencies, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1089
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Employment Rights
Realignment Act of 2009''.
SEC. 2. ENFORCEMENT THROUGH OFFICE OF SPECIAL COUNSEL OF
VETERANS' EMPLOYMENT OR REEMPLOYMENT RIGHTS
WITH RESPECT TO EMPLOYERS THAT ARE FEDERAL
EXECUTIVE AGENCIES.
(a) Enforcement of Rights Through Office of Special
Counsel.--Section 4322 of title 38, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1)(A) A person described in subparagraph (B) may file
a complaint with the Secretary, and the Secretary shall
investigate such complaint.
[[Page 12750]]
``(B) A person described in this subparagraph is a person
who claims that--
``(i) such person is entitled under this chapter to
employment or reemployment rights or benefits with respect to
employment by an employer other than an employer that is a
Federal executive agency; and
``(ii) such employer has failed or refused, or is about to
fail or refuse, to comply with the provisions of this
chapter.
``(2)(A) A person described in subparagraph (B) may file a
complaint with the Special Counsel established by section
1211 of title 5.
``(B) A person described in this subparagraph is a person
who claims that--
``(i) such person is entitled under this chapter to
employment or reemployment rights or benefits with respect to
employment by an employer that is a Federal executive agency;
and
``(ii)(I) such employer has failed or refused, or is about
to fail or refuse, to comply with the provisions of this
chapter; or
``(II) such employer or the Office of Personnel Management
has failed or refused, or is about to fail or refuse, to
comply with the provisions of this chapter.'';
(2) by striking subsections (d) and (e) and inserting the
following new subsections (d) and (e):
``(d)(1) The Secretary shall investigate each complaint
submitted pursuant to subsection (a)(1). If the Secretary
determines as a result of the investigation that the action
alleged in such complaint occurred, the Secretary shall
attempt to resolve the complaint by making reasonable efforts
to ensure that the person or entity named in the complaint
complies with the provisions of this chapter.
``(2) If the efforts of the Secretary with respect to any
complaint filed under subsection (a)(1) do not resolve the
complaint, the Secretary shall notify the person who
submitted the complaint of--
``(A) the results of the Secretary's investigation; and
``(B) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section 4323.
``(e)(1) In the case of a complaint filed under subsection
(a)(2), the Special Counsel shall investigate the complaint.
If the Special Counsel determines as a result of the
investigation that the action alleged in such complaint
occurred, the Special Counsel shall attempt to resolve the
complaint by making reasonable efforts to ensure that the
person or entity named in the complaint complies with the
provisions of this chapter.
``(2) If the efforts of the Special Counsel with respect to
any complaint filed under subsection (a)(2) do not resolve
the complaint, the Special Counsel shall notify the person
who submitted the complaint of--
``(A) the results of the investigation by the Special
Counsel; and
``(B) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section
4324.''.
(b) Technical and Conforming Amendments.--Such title is
further amended--
(1) in section 4322(b), by striking ``Such complaint'' and
inserting ``Each complaint filed under subsection (a)'';
(2) in section 4323(a)--
(A) in paragraph (1), by striking ``section 4322(e)'' and
inserting ``section 4322(d)(2)''; and
(B) in paragraph (3)(A), by striking ``section 4322(a)''
and inserting ``section 4322(a)(1)'';
(3) in section 4324--
(A) in subsection (a)(1)--
(i) in the first sentence, by striking ``Secretary'' each
place it appears and inserting ``Special Counsel'';
(ii) by striking ``section 4322(e)'' and inserting
``section 4322(e)(2)''; and
(iii) by striking the second sentence; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``Secretary'' and inserting ``Special
Counsel''; and
(II) by striking ``section 4322(a)'' and inserting
``section 4322(a)(2) of this title''; and
(ii) in paragraph (2)--
(I) by striking ``Secretary'' and inserting ``Special
Counsel''; and
(II) by striking ``section 4322(e)'' and inserting
``section 4322(e)(2) of this title'';
(4) in section 4325(c), by striking ``section 4322(d)'' and
inserting ``section 4322(d)(1)''; and
(5) in section 4326--
(A) in subsection (a), by inserting ``or the Special
Counsel's'' after ``Secretary's''; and
(B) by striking ``Secretary'' each place it appears and
inserting ``Secretary or the Special Counsel''.
(c) Conforming Repeal.--The Veterans Benefits Improvement
Act of 2004 (Public Law 108-454) is amended by striking
section 204.
(d) Effective Date.--The amendments made by this section
shall apply with respect to complaints filed on or after the
date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. FILNER. Mr. Speaker, I would yield myself such time as I may
consume and again thank our dynamic duo on the Economic Opportunity
Subcommittee for bringing us another bill which will protect the rights
of our veterans and especially in job opportunities.
I yield as much time as she may consume to the gentlelady from South
Dakota (Ms. Herseth Sandlin).
Ms. HERSETH SANDLIN. Thank you, Mr. Chairman, for being so supportive
of the work of the subcommittee.
I rise today in strong support of H.R. 1089, as amended, the Veterans
Employment Rights Realignment Act of 2009, which the Economic
Opportunity Subcommittee passed on March 19 and the full committee
approved on May 6.
Once again, we wouldn't be able to consider this bill today if not
for the support and leadership of the chairman and ranking member both
of the full committee as well as Mr. Boozman on the subcommittee. And
we introduced this bill on February 13, 2009, again in response to a
number of hearings that were held in the 110th Congress.
The bill would amend title 38 of the U.S. Code to move the
enforcement of the Uniform Services Employment and Reemployment Rights
Act--known as USERRA--to the enforcement of those protections, USERRA
protections, of veterans and members of the armed services employed by
Federal executive agencies to the U.S. Office of Special Counsel.
The Office of Special Counsel is an independent Federal investigative
and prosecutorial agency that was created by Congress with the goal of
protecting employees, former employees and applicants for employment
from prohibited personnel practices.
Under a demonstration project established by Public Law 108-454, the
Office of Special Counsel investigated some Federal sector USERRA
claims from 2004 until 2007. This demonstration project showed that the
Office of Special Counsel had the expertise and ability to quickly
obtain corrective action for federally employed veterans.
By granting the Office of Special Counsel initial jurisdiction over
all of these Federal USERRA claims, we give claimants a single agency
to investigate and resolve their complaint. This will be more efficient
than the current circumstance where first the Department of Labor
investigates the claim, and then the claim is then transferred to OSC
at the veteran's request if the Department of Labor fails to find a
resolution, which then prompts a second investigation.
So, again, I want to thank the chairman, Chairman Filner, for his
support. I also want to thank Congresswoman Kirkpatrick for her
amendment during the subcommittee consideration of the bill that
clarified the role of the Office of Special Counsel in this important
piece of legislation. Again, I encourage my colleagues to support H.R.
1089.
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1089 as amended, the
Veterans Employments Rights Realignment Act of 2009 which would amend
title 38, United States Code, to provide for the investigation and
enforcement of the employment and unemployment rights of veterans and
members of the Armed Forces employed by Federal executive agencies
through the Office of Special Counsel and for other purposes.
This bill was introduced by the chairwoman of the Subcommittee on
Economic Opportunity, Ms. Stephanie Herseth Sandlin, on February 13,
2009. Mr. Speaker, as I stated earlier today when speaking about H.R.
466, as amended, the Uniform Services Employment and Reemployment
Rights Act provides significant protections to veterans returning to
civilian employment. In the past, enforcement of these rights was
limited to the Department of Labor's veterans employment and training
services--VETS. Unfortunately, the VETS case investigation and
enforcement process took too long and the 108th Congress required a
comparison of the time it took the Office of Special Counsel and VETS
to process employee claims involving Federal agencies.
I believe that having the Office of Special Counsel handle all
Federal claims is the right way to go because of their expertise in
dealing with Federal agencies in other similar matters.
I am hopeful that H.R. 1089, as amended, will not only shorten the
[[Page 12751]]
time it takes to complete action on the case but that veterans will
ultimately see a friendlier Federal bureaucracy when it comes to
veterans returning to their former Federal employer.
I appreciate Ms. Herseth Sandlin's leadership in this area in
bringing forward this important legislation. I want to thank Chairman
Filner and Ranking Member Steve Buyer in moving this bill in a timely
manner.
And having no further speakers, I yield back the balance of my time.
General Leave
Mr. FILNER. I ask unanimous consent that all Members may have 5
legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 1089, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. MITCHELL. Mr. Speaker, I rise today in support of H.R. 1089, the
Veterans Employment Rights Realignment Act of 2009. I thank
Representative Herseth Sandlin of South Dakota for her leadership on
the issues of veteran employment and education, and I commend her for
bringing this bill to the Floor today.
Members of the Armed Forces--including the National Guard and
Reserves--serve our nation with selflessness and courage. They deserve
our gratitude, and in these difficult economic times, I believe that
means we must redouble our efforts to ensure they have full and fair
access to employment after their service.
H.R. 1089 will remove bureaucratic hurdles for veterans in search of
redress for discriminatory employment practices, and it will allocate
new resources to the Office of Special Counsel--the federal
investigative and prosecutorial agency tasked with protecting federal
employees from prohibited personnel practices.
In 1994, Congress put in place a strong set of employment protections
for service members and veterans in the Uniformed Services Employment
and Reemployment Rights Act. We need to enforce this law quickly and
efficiently, and the Veterans Employment Rights Realignment Act of 2009
will help the Office of Special Counsel to do just that.
I was proud to support H.R. 1089 when it was considered by the House
Committee on Veterans' Affairs, and I am pleased to support this bill
on the House floor today. I urge my colleagues to join me in voting for
this important legislation to protect service members and veterans from
inappropriate employment practices.
Mr. FILNER. I ask my colleagues to unanimously support H.R. 1089, as
amended, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 1089, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FILNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
URGING ALL AMERICANS AND PEOPLE OF ALL NATIONALITIES TO VISIT THE
NATIONAL CEMETERIES, MEMORIALS, AND MARKERS ON MEMORIAL DAY
Mr. FILNER. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 360) urging all Americans and people of all
nationalities to visit the national cemeteries, memorials, and markers
on Memorial Day.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 360
Whereas the United States has fought in wars outside and
inside of its borders to restore freedom and human dignity;
Whereas the United States has spent its national treasure
and shed its blood in fighting those wars;
Whereas the National Cemetery Administration of the
Department of Veterans Affairs maintains 128 national
cemeteries that serve as the final resting place for nearly
3,000,000 veterans and their dependents;
Whereas each year, millions of Americans visit the national
cemeteries, memorials, and markers;
Whereas overseas sites annually recognize Memorial Day with
speeches, a reading of the Memorial Day Proclamation, wreath
laying ceremonies, military bands and units, and the
decoration of each grave site with the flag of the United
States and that of the host country; and
Whereas these splendid commemorative sites inspire
patriotism, evoke gratitude, and teach history: Now,
therefore, be it
Resolved, That the House of Representatives strongly urges
Americans and people of all nationalities to visit national
cemeteries, memorials, and markers on Memorial Day, where the
spirit of American generosity, sacrifice, and courage are
displayed and commemorated.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. FILNER. Thank you, Mr. Speaker. I yield myself as much time as I
may consume
I think it is only appropriate, Mr. Speaker, that we bring this
resolution to the floor as we approach Memorial Day. The resolution
encourages people to visit the cemeteries, memorials, and markers
overseen by the American Battle Monuments Commission. Now, that is a
commission that I am sure many people have not heard of.
What is the American Battle Monuments Commission, and what do they
do? Back in 1923, Congress created this commission to control the
construction of military cemeteries, monuments, and markers erected to
honor American servicemembers killed on foreign soil. Host countries
provide the necessary lands for the sites to the United States in
perpetuity and free of charge.
The commission cares for 24 military cemeteries, 25 memorials,
monuments and markers in 15 countries around the world. These sites
serve as the final resting place for almost 125,000 Americans who
fought in the Mexican-American War, World War I and World War II. The
commission takes special care that all cemeteries under its supervision
are maintained to the highest standard attainable. The commission
extends an open invitation for all to visit these magnificent shrines
and to go beyond the most well known, like Normandy, and venture into
others.
Each site has its own sense of history, sacrifice and beauty, and
each offers a unique experience. For example, no two have the same
guard nor architecture. Perhaps only the spiritual qualities are
similar. In less than a month from now, on June 6, the commission will
commemorate the 63rd anniversary of the D-day landing by opening a new
Normandy-American cemetery visitors center. This center, which has been
under construction since 2002, will tell the story of the American
soldiers memorialized at Normandy.
I encourage all to visit this new D-day center and any of the sites
under the jurisdiction of the commission. Overseas cemeteries are the
lasting reminders of America's willingness to come to the defense of
others. These tangible symbols of American values endure long after the
fighting is over.
Mr. Speaker, I would reserve the balance of my time.
Mr. BOOZMAN. Mr. Speaker, I rise in strong support of H. Res. 360
urging all Americans and people of all nationalities to visit the
national cemeteries, memorials and markers on Memorial Day. This
legislation was sponsored by our colleague from Tennessee and a new and
very active member of the Veterans Affairs' Committee, Congressman
David Roe, on April 23, 2009, and we all appreciate him bringing this
forward.
Mr. Speaker, properly honoring a veteran's memory is one of our most
solemn obligations. These patriots are due the final tribute of a
grateful Nation. Here in the U.S., the National Cemetery Administration
of the Department of Veterans Affairs cares for 128 national cemeteries
that serve as the final resting place for over three million of our
Nation's veterans and their dependents. The National Park Service cares
for 14 veterans' cemeteries as well.
[[Page 12752]]
But it's not just here in the United States that our fallen are
honored. The overseas national cemeteries of the American Battle
Monuments Commission provide our Nation's heroes an honored repose in
national shrines far from the homes they left in order to protect
democracy. These overseas cemeteries have become the gold standard in
memorializing the precious gift to us by those who fell in our defense.
{time} 1300
The commission oversees 24 overseas military cemeteries that serve as
resting places for almost 125,000 American war dead. Tablets of the
missing memorialize more than 94,000 U.S. servicemen and -women as well
as 25 memorials, monuments and markers.
These memorials and cemeteries are mute testimony to the sacrifices
of Americans who fought in battles across the globe such as Flanders
Field, Belgium; Manila, Philippines; North Africa, Tunisia; Sicily-
Rome, Italy; Corozal, Panama; Lorraine, France; Mexico City, Mexico;
and Normandy, France.
Mr. Speaker, with Memorial Day less than a week away, this is a most
fitting time to consider this resolution. I ask all my colleagues to
support it, and I look forward to its passage.
With that, I reserve the balance of my time.
Mr. FILNER. I continue to reserve.
Mr. BOOZMAN. Mr. Speaker, I yield as much time as he would require to
the author of the resolution, the gentleman from Tennessee (Mr. Roe).
Mr. ROE of Tennessee. Mr. Speaker, I rise in support of House
Resolution 360, urging all Americans and people of all nationalities to
visit the national cemeteries, memorials, and markers this Memorial
Day.
Following a tradition begun in 1868, our Nation will pause this
Monday in remembrance of those who have sacrificed their lives in
defense of our free Republic. Fond mourners and friends will set
flowers and flags on the graves of the fallen. Our flag, flown at half
staff since sunrise, will at noon be raised high and those gathered
will be called to pledge allegiance. A bugle will sound Taps, and we
will make another pledge: to aid the widows, widowers, and orphans of
our heroic dead, and our disabled veterans.
There is no central location for this observance. Our servicemembers'
final resting places are in all our towns and communities. The National
Cemetery Administration of the Department of Veterans Affairs maintains
128 national cemeteries in 39 States and Puerto Rico. One of those
cemeteries is in my hometown of Johnson City, Tennessee. The Department
of the Army maintains Arlington National Cemetery and the U.S.
Soldiers' and Airmen's Home National Cemetery.
Americans have died defending liberty around the globe and have been
laid to rest far from home. The American Battle Monuments Commission
oversees 24 military cemeteries abroad where 125,000 of our war dead
remain.
The freedoms we enjoy today, the freedoms enjoyed by a civilized
Europe, and those free from despots rising to national power are the
proof these men and women did not die in vain. This sacrifice should be
celebrated, and never forgotten.
Not all who serve perish fulfilling their duty. They return to us as
veterans and deserve our thanks and a commitment to serve them. We
erect monuments and markers and make pilgrimages there to honor them.
That is this resolution's call. Congress should urge Americans to
visit these cemeteries, these monuments and memorials, and I as a
veteran encourage my colleagues to support this resolution.
Mr. FILNER. Does the gentleman have further speakers?
Mr. BOOZMAN. Yes, I have two more.
Mr. FILNER. I think this may be the first time in American history
that a Roe is followed by a Poe, but that's just the way it is. I would
reserve the balance of our time.
Mr. BOOZMAN. Mr. Speaker, I yield as much time as he may consume to
the gentleman from Texas (Mr. Poe).
Mr. POE of Texas. I thank the gentleman for yielding.
Mr. Speaker, it's been said, ``From this day to the ending of the
world, we in it shall be remembered. We few, we happy few, we band of
brothers; for he today that sheds his blood with me shall be my
brother.'' Shakespeare penned these words in Henry V, describing the
commitment of a soldier to his fellow soldiers.
I rise today in support of H. Res. 360 which calls on all Americans
to honor our veterans by visiting memorials and national cemeteries on
Memorial Day. I am proud to cosponsor this very important legislation.
Since 2004, 26 men and women from the Second Congressional District
area of Texas have served honorably and given their lives for the cause
of freedom in Iraq and Afghanistan. Every time a brave member of
America's military from my area dies for this country, I come down to
this House floor, and I talk about their lives, their legacy, their
family, and those others that they have left behind.
Every year, millions of Americans visit the national cemeteries and
the memorials and the war markers all over the United States to
remember the men and women who have so courageously fought to defend
America's freedom.
Mr. Speaker, in a land far, far away, there are over 9,000 Americans
buried in a place called Normandy in France, most of them young teenage
boys that left America and went off to war to defend our country. They
shed their blood in 1944 for not only us but for those folks in Europe.
My father who served in the great World War II as an 18-year-old never
talked about his service in Europe until he and Mom visited Normandy
and its cemetery 50 years after that important event. He, like many
other veterans, is proud to have served but keeps saying that the
heroes are still buried in places throughout the world.
Each Memorial Day all across America, parades are held, wreaths are
laid, grave sites are decorated as a tribute to our fallen warriors. On
Veterans Day, we remember those who fought and came home, but on
Memorial Day, we remember those who fought and did not come home.
The Department of Veterans Affairs preserves 128 cemeteries all over
the world that are the final resting place for over 3 million
Americans. These national cemeteries and memorials remind us of the
warriors who have fought and gave all to protect the rest of us. When
called, they went.
I am pleased to support this legislation and urge all Members to
approve this resolution.
As Toby Keith so eloquently put it in his tribute to the American
soldiers, he said about the American soldier: ``I don't do it for
money, there's bills that I can't pay. I don't do it for the glory, I
just do it anyway. I'm an American soldier, an American beside my
brothers and sisters, I will proudly take a stand. When liberty's in
jeopardy I will always do what's right. I'm out here on the front
lines, so sleep in peace tonight. I'm an American soldier.''
These warriors, Mr. Speaker, are our sons of liberty and the
daughters of democracy. They are our heroes, and they need to be
honored and remembered by the rest of us for all time.
And that's just the way it is.
Mr. FILNER. I continue to reserve.
Mr. BOOZMAN. Mr. Speaker, that was my last speaker on the subject.
I want to thank Mr. Roe of Tennessee for bringing this forward in a
very timely way and such an important message that we remember those
that have sacrificed so much for all of us.
I want to thank Committee Chairman Bob Filner and Ranking Member
Steve Buyer for allowing us to go forward with the bill, and certainly
I want to urge all of my colleagues to support H. Res. 360.
And with that, having no further speakers, I yield back the balance
of my time.
General Leave
Mr. FILNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on House Resolution 360.
[[Page 12753]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. FILNER. Mr. Speaker, the United States has fought wars throughout
our history to restore both freedom and dignity inside of its own
borders, as well as around the world. We have shed our blood and spent
our national treasure fighting these wars. On Memorial Day, the Nation
is reminded of the phrase spoken constantly, that freedom is not free.
These wonderful commemorative sites that we spoke of today inspire
patriotism, invoke gratitude, serve as a permanent and lasting reminder
of the sacrifices made by the men and women of the United States
military. They are reminders of America's willingness to come to the
defense of others, to protect the freedom and liberty of its people,
and ensure the prosperity of our Republic.
Mr. Speaker, I urge my colleagues to unanimously support House
Resolution 360.
Mr. SALAZAR, Mr. Speaker, I rise today in support of H. Res. 360, a
bill encouraging all Americans to honor our veterans by visiting
national cemeteries and memorials this Memorial Day.
Since 1862, more than three million burials have been made in VA
national cemeteries.
National cemeteries are the testimony of a grateful nation to
appropriately commemorate the Americans who have served our nation in
the armed forces.
My home state of Colorado has a population of over 427,000 veterans.
I am proud to represent a district that is home to almost 70,000
veterans.
As a veteran myself, I know how much of an honor it was to serve my
country during the Vietnam era.
My father, Henry Salazar, was a staff sergeant in the Army during
World War II.
Two years after being diagnosed with Alzheimer's, my father came down
to breakfast one morning and told us that he wanted to be buried in his
uniform.
As I held my father just before he passed away he told me that he
loved me and his last word was ``Uniform.''
Throughout the four years that my father lived with Alzheimer's, the
two things he never forgot were how much he loved his family and how
proud he was to serve his country.
It is this dedication to duty and unyielding commitment that have
ensured our freedom and our way of life even in our nation's most
troubled times.
The courage and sacrifices of our veterans set a necessary example to
our youth and all Americans.
Their stories are important chapters in the history of our nation.
That is why I am working with members of the Colorado delegation to
bring a national veterans cemetery to southern Colorado.
Current standards place many VA cemeteries closer to large
metropolitan areas.
This is an issue that is faced by veterans in small and rural
communities similar to those in the Third Congressional District of
Colorado.
I look forward to continue working on issues that improve the lives
of our veterans and honor their service.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today, as an original
cosponsor, to voice my strong support for H. Res. 360, which urges
Americans and people of every nationality to visit national cemeteries,
memorials, and markers on this upcoming Memorial Day.
Today, we rightfully take time to recognize the men and women who
have dedicated their lives to the service of our nation. We are proud
of all of our servicemen and women and are eternally grateful for their
efforts in the Global War on Terror. Indeed, the democracy on display
here today with our presence in this chamber is testament to the
courage and valor of our Armed Services.
Memorial Day is a federal holiday to celebrate the lives of those
that have died while defending our nation. The soldiers, sailors,
airmen, and marines who have served in our Armed Services deserve the
utmost respect from our nation, and those that have died have made the
ultimate sacrifice for the liberties that we enjoy every day.
It is at their final resting place that there will forever be
enshrined the spirit of American generosity, sacrifice, and courage
that our brave men and women have so graciously provided in defense of
our freedom.
Let us also honor and say a gracious thank you to each and every
military family member for the encouragement, love, and kindness they
exhibit in supporting their precious loved ones as they serve a nation
that will forever be free because of their sacrifice. It is to the
family members that we say thank you now.
Mr. Speaker, I believe it will be a worthwhile endeavor to spend time
on this holiday remembering the sacrifice our heroes have made for
America. I encourage every American to visit our national cemeteries
and memorials so that they may take part in dedicating this holiday to
the memory of the excellent men and women of our Armed Services who
have spent a lifetime of service to America.
I urge all of my colleagues to support this bill.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H. Res. 360, ``Urging all Americans and people of all nationalities
to visit the national cemeteries, memorials, and markers on Memorial
Day''. I would like to thank my colleague Representative David Roe for
introducing this resolution, as well as the co-sponsors.
I do not believe there is a person in this body, or a person in this
building, who does not feel a remarkable pride in the presence of the
men and women who serve in our Nation's military. Their incredible
sacrifices and courage in the face of innumerable hazards have been
critical to the preservation of the freedom, security, and prosperity
enjoyed that we as Americans have come to love, enjoy, and even expect.
Likewise, I do not believe there is a person in this body, or a
person in this building, who does not feel an intense tragedy in seeing
these men and women make the ultimate sacrifice--whether it is seeing
the loss of such extraordinary Americans, or the immense pain and
sympathy for their families and loved ones.
When the United States has fought in wars outside and inside of its
borders to restore freedom and human dignity, they were the ones who
made the true sacrifices. The United States has spent its national
treasure and shed its blood in fighting those wars.
Our government has sought to do its part in honoring these brave men
and women. The National Cemetery Administration of the Department of
Veterans Affairs maintains 128 national cemeteries that serve as the
final resting place for nearly 3,000,000 of these veterans and their
dependents. Each year, millions of Americans visit these national
cemeteries, memorials, and markers.
Across the globe, we find similar efforts. Overseas sites annually
recognize Memorial Day with speeches, a reading of the Memorial Day
Proclamation, wreath laying ceremonies, military bands and units, and
the decoration of each grave site with the flag of the United States
and that of the host country.
Wherever the proud fallen American soldier is honored, these splendid
commemorative sites inspire patriotism, evoke gratitude, and teach
history.
My residents of my city, Houston, have long honored their veterans.
Within city limits stands the Michael E. DeBakey VA Medical Center. It
was awarded the Robert W. Carey Organizational Excellence Award in
2005, the Robert W. Carey Circle of Excellence Quality Award in 2007,
and re-designation for Magnet Recognition for Excellence in Nursing
Services in 2008.
The MEDVAMC serves as the primary health care provider for more than
120,000 veterans in southeast Texas and over 13,000 from Houston.
Veterans from around the country are referred to the MEDVAMC for
countless medical services, and their outpatient clinics logged nearly
900,000 outpatient visits in fiscal year 2008 alone. All this in a
state with over 1.7 million veterans, 247,000 of which are disabled and
over 25,000 buried in her soil.
There is another great example that comes to mind, of how my district
has honored those who defend them. In Memorial Plaza, stands a pillar
holding a stone globe; written on the pillar are several names of US
soldiers, fallen in the Second World War, as well as a quote by Father
Dennis Edward O'Brien, chaplain of the U.S. Marines:
``IT'S THE SOLDIER: When the country has been the need, it
has always been the soldier! It's the soldier, not the
newspaper who has given us Freedom of the Press. It's the
soldier, not the poet, who has given us Freedom of Speech.
It's the soldier, not the campus organizer, who has given us
the Freedom to Demonstrate. It's the soldier who salutes the
flag, serves under the flag and whose coffin is draped by the
flag who gives the protester the right to burn the flag. And
it's the soldier who is called upon to defend our way of
life!''
That is why I proudly join my colleagues in strongly urging Americans
and people of all nationalities to visit national cemeteries,
memorials, and markers on Memorial Day. It is so that they may see
words like these, even if it is only once a year, and know where the
spirit of American generosity, sacrifice, and courage are displayed and
commemorated.
Mr. FILNER. I yield back the balance of my time.
[[Page 12754]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and agree to the resolution, H. Res. 360.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
SUPPORTING NATIONAL WOMEN'S HEALTH WEEK
Mrs. CAPPS. Mr. Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 120) supporting the goals and
ideals of National Women's Health Week, and for other purposes, as
amended.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 120
Whereas women of all backgrounds should be encouraged to
greatly reduce their risk of common diseases through
preventative measures, such as engaging in regular physical
activity, eating a nutritious diet, and visiting a healthcare
provider to receive regular check-ups and preventative
screenings;
Whereas significant disparities exist in the prevalence of
disease among women of different backgrounds, including women
with disabilities, African-American women, Asian/Pacific
Islander women, Latinas, and American Indian/Alaskan Native
women;
Whereas healthy habits should begin at a young age;
Whereas preventative care saves Federal dollars designated
for health care;
Whereas it is imperative to educate women and girls about
key female health issues;
Whereas it is recognized that offices of women's health
within the Department of Health and Human Services, the Food
and Drug Administration, the Centers for Disease Control and
Prevention, the Health Resources and Services Administration,
the National Institutes of Health, and the Agency for
Healthcare Research and Quality provide services that support
women's health research, education, and other services that
benefit women of all ages, races, and ethnicities;
Whereas the annual National Women's Health Week begins on
Mother's Day and celebrates the efforts of national and
community organizations working with partners and volunteers
to improve awareness of key women's health issues; and
Whereas in 2009, the week of May 10 through May 16 is
designated National Women's Health Week: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) recognizes the importance of preventing diseases that
commonly affect women;
(2) supports the goals and ideals of National Women's
Health Week;
(3) calls on the people of the United States to use
National Women's Health Week as an opportunity to learn about
the health issues women face;
(4) calls on the women of the United States to observe
National Women's Check-Up Day by receiving preventative
screenings from their health care providers; and
(5) recognizes the importance of Federal, State, and
private programs that provide research and collect data on
common diseases in women.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Mrs. Capps) and the gentlewoman from Tennessee (Mrs.
Blackburn) each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Mrs. CAPPS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Mrs. CAPPS. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H. Con. Res. 120, recognizing
National Women's Health Week, and I'd like to commend my colleagues,
Mr. Hinchey and Mrs. Bono Mack, for introducing this legislation.
We have worked together on this recognition for several years now.
This year marks the 10th anniversary of National Women's Health Week.
It's an opportunity to recognize the progress made in women's health.
Much of this progress is due to the offices of women's health in
multiple key Federal agencies. These offices work to promote research
on women's health issues and the provision of important women's health
services. In fact, the office of Women's Health at the Department of
Health and Human Services just celebrated 10 years of the
womenshealth.gov Web site.
What this resolution rightly notes is that women's health issues
matter throughout a woman's lifespan. Promoting health education among
girls and women of all ages will increase healthy behaviors and the use
of important preventive screenings and services.
This resolution also notes that there are significant disparities
among women of different racial and ethnic backgrounds and women with
disabilities, all of which must be considered and taken into account as
we address women's health.
I urge my colleagues to join in the bipartisan sponsorship of this
bill and supporting National Women's Health Week.
Mr. Speaker, I reserve the balance of my time.
Mrs. BLACKBURN. Mr. Speaker, I yield myself such time as I may
consume.
I want to first express my appreciation to Mrs. Capps, who is also a
member of the Energy and Commerce Committee and has been a very
outspoken and consistent supporter of women's health and women's health
issues, and we have worked on many of those in committee and certainly
continue to raise awareness of women's health.
One such instrument that is placed before us that we can use is
National Women's Health Week, and May 10-16 was that week, and this is,
as Mrs. Capps stated, the 10th annual National Women's Health Week. And
I think it is so fitting, Mr. Speaker, that it was kicked off this year
on Mother's Day and how very appropriate that it started on Mother's
Day. And I think the gentlelady from California will join me in saying
it's also Grandmother's Day, those of us who do delight in those
grandchildren.
The nationwide initiative empowers women across the country to make
their health a top priority and ensure they take the steps to live a
longer, healthier and happier life. And certainly, we are so pleased
that there is that emphasis on women's health and having women make the
decision to have their health and their well-being be a top priority in
their life.
I would like to express my gratitude to the national and community
organizations in working to promote public awareness of National
Women's Health Week and provide the proper information to encourage
women and girls that healthy habits should begin at a very young age.
{time} 1315
The efforts of the national community to support regular checkups and
preventive screenings will help to prevent diseases that commonly
affect women.
I would also like to thank the author of the resolution, the
gentleman from New York (Mr. Hinchey) for taking his efforts and energy
and his time in order to place an emphasis on women's health, and to
say thank you for his leadership in improving awareness of women's key
health issues.
I encourage all of my colleagues to vote in favor of the resolution,
and I reserve the balance of my time.
Mrs. CAPPS. Mr. Speaker, I am pleased now to yield to the gentleman
from New York (Mr. Hinchey) for such time as he may consume.
Mr. HINCHEY. Mr. Speaker, I would like to take a moment, first of
all, to express my appreciation to Chairman Waxman for supporting this
resolution and for helping to bring it to the floor today. Also, I
would like to thank Mr. Hoyer for his determination in bringing this
measure to the floor to honor National Women's Health Week, despite the
very crowded schedule that we have.
I would also like to thank Chairman Pallone and all the fine members
of the Energy and Commerce Health Subcommittee for their work on
women's
[[Page 12755]]
health issues and for making it possible for this resolution to reach
the floor.
Finally, and most importantly, I would like to thank my good friends
Congresswoman Lois Capps and Congresswoman Mary Bono Mack for taking
the lead with me on this resolution for the fourth time in a row. And
Marsha, I thank you very much also for your statement today and your
participation in getting this legislation passed.
This resolution has the bipartisan sponsorship of 117 Members. The
National Council of Women's Organizations fully endorsed this bill on
behalf of its more than 200 member organizations representing more than
10 million women nationwide.
National Women's Health Week begins annually on Mother's Day. This
year marks the 10th annual National Women's Health Week that we have
experienced and honored.
National Women's Health Week is a week celebrated across America.
During this week, families, communities, businesses, government, health
organizations, and other groups work together to educate women about
steps they could take to improve their physical and mental health to
prevent disease and to enable them to live longer and stronger.
This week is also used as an opportunity to educate the entire
population of our country about important health issues that women
face.
This resolution recognizes the importance of a number of things,
including preventing diseases that commonly affect women, federally
funded programs that provide research and collect data on common
diseases that women are subject to, and also calls on women to observe
National Women's Check-up Day by receiving preventive screenings.
It is vitally important that women have knowledge about the health
risks that confront them and that they know they can greatly reduce
those risks through preventive measures such as a healthy lifestyle and
regular medical screenings.
Healthy habits should begin at a young age; therefore, it is
imperative that we take the time to educate young girls on the benefits
of exercise and proper eating. If these habits start at a young age, it
is more likely that they will continue throughout their lives.
It is important and essential that we do everything we can to prevent
disease. In this spirit, I encourage women to get the necessary
checkups and preventive screenings from their health care providers so
they can live long, healthy, and productive lives.
I urge full support and passage of this measure.
Mrs. BLACKBURN. Mr. Speaker, at this time there are no further
speakers from our side of the aisle, so I will thank Mr. Hinchey for
his wonderful work on this. I will thank Mrs. Capps for the bipartisan
efforts that we have put into addressing the issues that affect women
in leading healthy, productive lives.
I yield back the balance of my time.
Mrs. CAPPS. Mr. Speaker, I will just make the comment that it is
exceedingly gratifying to notice the leadership of our colleague from
New York, Mr. Hinchey, and other men who realize that Women's Health
Week really affects their lives as well, because women are often the
leaders within the family setting and the educators and the standard
bearers often for communities as well. So we are talking about
awareness of national women's health, which really is also talking
about health for us all.
And I'm pleased also to note that our bipartisan caucus for women's
issues has championed this resolution and is very grateful to the
authors for introducing it and for this opportunity for us to recognize
the 10th annual National Women's Health Week.
Mr. DINGELL. Mr. Speaker, I rise today in support of H. Con Res. 120,
a resolution supporting the goals and ideals of National Women's Health
Week. Throughout my career as a member of Congress, I have consistently
fought to ensure that all Americans have access to quality, affordable,
and comprehensive health care. As a cosponsor of the Breast Cancer
Patient Protection Act, a supporter of additional research on diseases
that target women, and a longstanding advocate of securing health care
for all women, I am pleased to support this resolution.
Women's health issues are of the utmost importance to me, and this
resolution helps to promote awareness for healthy lifestyles and
disease prevention for women. It is important to ensure that women both
in Michigan's 15th District and across the United States understand the
steps that can be taken to reduce the risk of disease, are aware of the
disease disparities that exist among women from different backgrounds,
and are exposed to healthy habits and key health issues from an early
age. I understand that encouraging preventative care for women is
important for reducing the cost of health care. As a longtime supporter
of improvements to our Nation's health care system and increased
research on women's health issues, I am pleased to support National
Women's Health Week and to cosponsor H. Con. Res. 120.
Ms. JACKSON-LEE of Texas. Mr. Speaker, today, I rise in support of H.
Con. Res. 120 ``Supporting the goals and ideals of National Women's
Health.'' I would also like to extend my gratitude to my distinguished
colleague from New York, Representative Maurice D. Hinchey, for
introducing this important legislation. I thank my legislative
director, Arthur D. Sidney.
National Women's Health Week is a weeklong health observance
coordinated by the U.S. Department of Health and Human Services' Office
on Women's Health (OWH). National Women's Health Week empowers women to
make their health a top priority. With the theme ``It's Your Time,''
the nationwide initiative encourages women to take simple steps for a
longer, healthier, and happier life. During National Women's Health
Week, communities, businesses, government, health organizations, and
other groups work together to educate women about steps they can take
to improve their physical and mental health and lower their risks of
certain diseases. Important steps include: getting at least 2\1/2\
hours of moderate physical activity, 1 hour and 15 minutes of vigorous
physical activity, or a combination of both each week; eating a
nutritious diet; visiting a health care professional for regular
checkups and preventive screenings; avoiding risky behaviors, like
smoking and not wearing a seatbelt; and paying attention to mental
health, including getting enough sleep and managing stress.
Research has established the existence of persistent racial and
socioeconomic disparities in women's health in the United States. We
know that coronary disease is the leading cause of death for both men
and women. But, nearly twice as many women in the U.S. die of heart
disease and stroke every year as die from all types of cancer. Yet,
multiple studies have shown that women are less likely than men to be
referred for invasive cardiac procedures.
While the life expectancy of women in the United States has risen, as
a group, African American women have a shorter life expectancy and
experience earlier onset of such chronic conditions as diabetes and
hypertension. If we look at the death rates for diseases of the heart,
African American women are clearly at risk with 147 deaths per 100,000.
When we look at cervical cancer, we see that the incidence rate of
invasive cervical cancer is higher among Asian-American women. Yet, we
cannot explain the causes of these higher rates.
Disparities are perhaps most alarming when we look at HIV/AIDS.
Twenty-two percent of Americans currently living with HIV are women,
and 77 percent of those are African American or Hispanic. Many people
are shocked to know that AIDS is the second leading cause of death
among African American women age 25 to 44.
There are nearly 40 million women in America who are members of
racial and ethnic minority groups. These women suffer
disproportionately from premature death, disease, and disabilities.
Many also face tremendous barriers to optimal health. This is a growing
challenge in our nation.
The challenge is even greater when we consider the aging population.
By the year 2050, nearly 1 in 4 adult women will be 65 years old or
older, and an astonishing 1 in 17 will be 85 years old or older. We
must ensure that our Federal agencies are in the forefront, working to
find solutions to the challenges our nation faces in caring for the
health of our women.
It is important to celebrate National Women's Health Week to remind
women that taking care of themselves is essential to living longer,
healthier, and happier lives. Women are often the caregivers for their
spouses, children, and parents and forget to focus on their own health.
But research shows that when women take care of themselves, the health
of
[[Page 12756]]
their family improves. During National Women's Health Week it is
important to educate our wives, mothers, grandmothers, daughters,
sisters, aunts, and girlfriends about the steps they can take to
improve their health and prevent disease. After all, when women take
even the simplest steps to improve their health, the results can be
significant and everyone can benefit.
H. Con. Res. 120 is an important way to support the women of this
nation, and I am proud to stand today in support of this important
legislation. I urge my colleagues to support this legislation as well.
Mrs. CAPPS. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Mrs. Capps) that the House suspend the
rules and agree to the concurrent resolution, H. Con. Res. 120, as
amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the concurrent resolution, as amended, was
agreed to.
A motion to reconsider was laid on the table.
____________________
PACT ACT
Mr. WEINER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1676) to prevent tobacco smuggling, to ensure the collection
of all tobacco taxes, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1676
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Prevent
All Cigarette Trafficking Act of 2009'' or ``PACT Act''.
(b) Findings.--Congress finds that--
(1) the sale of illegal cigarettes and smokeless tobacco
products significantly reduces Federal, State, and local
government revenues, with Internet sales alone accounting for
billions of dollars of lost Federal, State, and local tobacco
tax revenue each year;
(2) Hezbollah, Hamas, al Qaeda, and other terrorist
organizations have profited from trafficking in illegal
cigarettes or counterfeit cigarette tax stamps;
(3) terrorist involvement in illicit cigarette trafficking
will continue to grow because of the large profits such
organizations can earn;
(4) the sale of illegal cigarettes and smokeless tobacco
over the Internet, and through mail, fax, or phone orders,
makes it cheaper and easier for children to obtain tobacco
products;
(5) the majority of Internet and other remote sales of
cigarettes and smokeless tobacco are being made without
adequate precautions to protect against sales to children,
without the payment of applicable taxes, and without
complying with the nominal registration and reporting
requirements in existing Federal law;
(6) unfair competition from illegal sales of cigarettes and
smokeless tobacco is taking billions of dollars of sales away
from law-abiding retailers throughout the United States;
(7) with rising State and local tobacco tax rates, the
incentives for the illegal sale of cigarettes and smokeless
tobacco have increased;
(8) the number of active tobacco investigations being
conducted by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives rose to 452 in 2005;
(9) the number of Internet vendors in the United States and
in foreign countries that sell cigarettes and smokeless
tobacco to buyers in the United States increased from only
about 40 in 2000 to more than 500 in 2005; and
(10) the intrastate sale of illegal cigarettes and
smokeless tobacco over the Internet has a substantial effect
on interstate commerce.
(c) Purposes.--It is the purpose of this Act to--
(1) require Internet and other remote sellers of cigarettes
and smokeless tobacco to comply with the same laws that apply
to law-abiding tobacco retailers;
(2) create strong disincentives to illegal smuggling of
tobacco products;
(3) provide government enforcement officials with more
effective enforcement tools to combat tobacco smuggling;
(4) make it more difficult for cigarette and smokeless
tobacco traffickers to engage in and profit from their
illegal activities;
(5) increase collections of Federal, State, and local
excise taxes on cigarettes and smokeless tobacco; and
(6) prevent and reduce youth access to inexpensive
cigarettes and smokeless tobacco through illegal Internet or
contraband sales.
SEC. 2. COLLECTION OF STATE CIGARETTE AND SMOKELESS TOBACCO
TAXES.
(a) Definitions.--The Act of October 19, 1949 (15 U.S.C.
375 et seq.; commonly referred to as the ``Jenkins Act'')
(referred to in this Act as the ``Jenkins Act''), is amended
by striking the first section and inserting the following:
``SECTION 1. DEFINITIONS.
``As used in this Act, the following definitions apply:
``(1) Attorney general.--The term `Attorney General' means
the Attorney General of the United States.
``(2) Attorney general.--The term `attorney general', with
respect to a State, means the attorney general or other chief
law enforcement officer of the State.
``(3) Cigarette.--
``(A) In general.--For purposes of this Act, the term
`cigarette' shall--
``(i) have the same meaning given that term in section 2341
of title 18, United States Code; and
``(ii) include `roll-your-own tobacco' (as that term is
defined in section 5702 of the Internal Revenue Code of
1986).
``(B) Exception.--For purposes of this Act, the term
`cigarette' does not include a `cigar', as that term is
defined in section 5702 of the Internal Revenue Code of 1986.
``(4) Common carrier.--The term `common carrier' means any
person (other than a local messenger service or the United
States Postal Service) that holds itself out to the general
public as a provider for hire of the transportation by water,
land, or air of merchandise, whether or not the person
actually operates the vessel, vehicle, or aircraft by which
the transportation is provided, between a port or place and a
port or place in the United States.
``(5) Consumer.--The term `consumer' means any person that
purchases cigarettes or smokeless tobacco, but does not
include any person lawfully operating as a manufacturer,
distributor, wholesaler, or retailer of cigarettes or
smokeless tobacco.
``(6) Delivery sale.--The term `delivery sale' means any
sale of cigarettes or smokeless tobacco to a consumer if--
``(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
``(B) the cigarettes or smokeless tobacco are delivered to
the buyer by common carrier, private delivery service, or
other method of remote delivery, or the seller is not in the
physical presence of the buyer when the buyer obtains
possession of the cigarettes or smokeless tobacco.
``(7) Delivery seller.--The term `delivery seller' means a
person who makes a delivery sale.
``(8) Indian country.--The term `Indian country' means--
``(A) Indian country as defined in section 1151 of title
18, United States Code, except that within the State of
Alaska that term applies only to the Metlakatla Indian
Community, Annette Island Reserve; and
``(B) any other land held by the United States in trust or
restricted status for one or more Indian tribes.
``(9) Indian tribe.--The term `Indian tribe', `tribe', or
`tribal' refers to an Indian tribe as defined in section 4(e)
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)) or as listed pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a-1).
``(10) Interstate commerce.--The term `interstate commerce'
means commerce between a State and any place outside the
State, commerce between a State and any Indian country in the
State, or commerce between points in the same State but
through any place outside the State or through any Indian
country.
``(11) Into a state, place, or locality.--A sale, shipment,
or transfer of cigarettes or smokeless tobacco that is made
in interstate commerce, as defined herein, shall be deemed to
have been made into the State, place, or locality in which
such cigarettes or smokeless tobacco are delivered.
``(12) Person.--The term `person' means an individual,
corporation, company, association, firm, partnership,
society, State government, local government, Indian tribal
government, governmental organization of such government, or
joint stock company.
``(13) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession
of the United States.
``(14) Smokeless tobacco.--The term `smokeless tobacco'
means any finely cut, ground, powdered, or leaf tobacco, or
other product containing tobacco, that is intended to be
placed in the oral or nasal cavity or otherwise consumed
without being combusted.
``(15) Tobacco tax administrator.--The term `tobacco tax
administrator' means the State, local, or tribal official
duly authorized to collect the tobacco tax or administer the
tax law of a State, locality, or tribe, respectively.
``(16) Tribal enterprise.--The term `tribal enterprise'
means any business enterprise, incorporated or unincorporated
under Federal or tribal law, of an Indian tribe or group of
Indian tribe.
[[Page 12757]]
``(17) Use.--The term `use', in addition to its ordinary
meaning, means the consumption, storage, handling, or
disposal of cigarettes or smokeless tobacco.''.
(b) Reports to State Tobacco Tax Administrators.--Section 2
of the Jenkins Act (15 U.S.C. 376) is amended--
(1) by striking ``cigarettes'' each place it appears and
inserting ``cigarettes or smokeless tobacco'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``Contents.--'' after ``(a)'';
(ii) by striking ``or transfers'' and inserting ``,
transfers, or ships'';
(iii) by inserting ``, locality, or Indian country of an
Indian tribe'' after ``a State'';
(iv) by striking ``to other than a distributor licensed by
or located in such State,''; and
(v) by striking ``or transfer and shipment'' and inserting
``, transfer, or shipment'';
(B) in paragraph (1)--
(i) by striking ``with the tobacco tax administrator of the
State'' and inserting ``with the Attorney General and with
the tobacco tax administrators of the State and place''; and
(ii) by striking ``; and'' and inserting the following: ``,
as well as telephone numbers for each place of business, a
principal electronic mail address, any website addresses, and
the name, address, and telephone number of an agent in the
State authorized to accept service on behalf of such
person;'';
(C) in paragraph (2), by striking ``and the quantity
thereof.'' and inserting ``the quantity thereof, and the
name, address, and phone number of the person delivering the
shipment to the recipient on behalf of the delivery seller,
with all invoice or memoranda information relating to
specific customers to be organized by city or town and by zip
code; and''; and
(D) by adding at the end the following:
``(3) with respect to each memorandum or invoice filed with
a State under paragraph (2), also file copies of such
memorandum or invoice with the tobacco tax administrators and
chief law enforcement officers of the local governments and
Indian tribes operating within the borders of the State that
apply their own local or tribal taxes on cigarettes or
smokeless tobacco.'';
(3) in subsection (b)--
(A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
(B) by striking ``(1) that'' and inserting ``that''; and
(C) by striking ``, and (2)'' and all that follows and
inserting a period; and
(4) by adding at the end the following:
``(c) Use of Information.--A tobacco tax administrator or
chief law enforcement officer who receives a memorandum or
invoice under paragraph (2) or (3) of subsection (a) shall
use such memorandum or invoice solely for the purposes of the
enforcement of this Act and the collection of any taxes owed
on related sales of cigarettes and smokeless tobacco, and
shall keep confidential any personal information in such
memorandum or invoice except as required for such
purposes.''.
(c) Requirements for Delivery Sales.--The Jenkins Act is
amended by inserting after section 2 the following:
``SEC. 2A. DELIVERY SALES.
``(a) In General.--With respect to delivery sales into a
specific State and place, each delivery seller shall comply
with--
``(1) the shipping requirements set forth in subsection
(b);
``(2) the recordkeeping requirements set forth in
subsection (c);
``(3) all State, local, tribal, and other laws generally
applicable to sales of cigarettes or smokeless tobacco as if
such delivery sales occurred entirely within the specific
State and place, including laws imposing--
``(A) excise taxes;
``(B) licensing and tax-stamping requirements;
``(C) restrictions on sales to minors; and
``(D) other payment obligations or legal requirements
relating to the sale, distribution, or delivery of cigarettes
or smokeless tobacco; and
``(4) the tax collection requirements set forth in
subsection (d).
``(b) Shipping and Packaging.--
``(1) Required statement.--For any shipping package
containing cigarettes or smokeless tobacco, the delivery
seller shall include on the bill of lading, if any, and on
the outside of the shipping package, on the same surface as
the delivery address, a clear and conspicuous statement
providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL
LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND
COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING
OBLIGATIONS'.
``(2) Failure to label.--Any shipping package described in
paragraph (1) that is not labeled in accordance with that
paragraph shall be treated as nondeliverable matter by a
common carrier or other delivery service, if the common
carrier or other delivery service knows or should know the
package contains cigarettes or smokeless tobacco. If a common
carrier or other delivery service believes a package is being
submitted for delivery in violation of paragraph (1), it may
require the person submitting the package for delivery to
establish that it is not being sent in violation of paragraph
(1) before accepting the package for delivery. Nothing in
this paragraph shall require the common carrier or other
delivery service to open any package to determine its
contents.
``(3) Weight restriction.--A delivery seller shall not
sell, offer for sale, deliver, or cause to be delivered in
any single sale or single delivery any cigarettes or
smokeless tobacco weighing more than 10 pounds.
``(4) Age verification.--
``(A) In general.--A delivery seller who mails or ships
tobacco products--
``(i) shall not sell, deliver, or cause to be delivered any
tobacco products to a person under the minimum age required
for the legal sale or purchase of tobacco products, as
determined by the applicable law at the place of delivery;
``(ii) shall use a method of mailing or shipping that
requires--
``(I) the purchaser placing the delivery sale order, or an
adult who is at least the minimum age required for the legal
sale or purchase of tobacco products, as determined by the
applicable law at the place of delivery, to sign to accept
delivery of the shipping container at the delivery address;
and
``(II) the person who signs to accept delivery of the
shipping container to provide proof, in the form of a valid,
government-issued identification bearing a photograph of the
individual, that the person is at least the minimum age
required for the legal sale or purchase of tobacco products,
as determined by the applicable law at the place of delivery;
and
``(iii) shall not accept a delivery sale order from a
person without--
``(I) obtaining the full name, birth date, and residential
address of that person; and
``(II) verifying the information provided in subclause (I),
through the use of a commercially available database or
aggregate of databases, consisting primarily of data from
government sources, that are regularly used by government and
businesses for the purpose of age and identity verification
and authentication, to ensure that the purchaser is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by the applicable law at the
place of delivery.
``(B) Limitation.--No database being used for age and
identity verification under subparagraph (A)(iii) shall be in
the possession or under the control of the delivery seller,
or be subject to any changes or supplementation by the
delivery seller.
``(c) Records.--
``(1) In general.--Each delivery seller shall keep a record
of any delivery sale, including all of the information
described in section 2(a)(2), organized by the State, and
within such State, by the city or town and by zip code, into
which such delivery sale is so made.
``(2) Record retention.--Records of a delivery sale shall
be kept as described in paragraph (1) in the year in which
the delivery sale is made and for the next 4 years.
``(3) Access for officials.--Records kept under paragraph
(1) shall be made available to tobacco tax administrators of
the States, to local governments and Indian tribes that apply
their own local or tribal taxes on cigarettes or smokeless
tobacco, to the attorneys general of the States, to the chief
law enforcement officers of such local governments and Indian
tribes, and to the Attorney General in order to ensure the
compliance of persons making delivery sales with the
requirements of this Act.
``(d) Delivery.--
``(1) In general.--Except as provided in paragraph (2), no
delivery seller may sell or deliver to any consumer, or
tender to any common carrier or other delivery service, any
cigarettes or smokeless tobacco pursuant to a delivery sale
unless, in advance of the sale, delivery, or tender--
``(A) any cigarette or smokeless tobacco excise tax that is
imposed by the State in which the cigarettes or smokeless
tobacco are to be delivered has been paid to the State;
``(B) any cigarette or smokeless tobacco excise tax that is
imposed by the local government of the place in which the
cigarettes or smokeless tobacco are to be delivered has been
paid to the local government; and
``(C) any required stamps or other indicia that such excise
tax has been paid are properly affixed or applied to the
cigarettes or smokeless tobacco.
``(2) Exception.--Paragraph (1) does not apply to a
delivery sale of smokeless tobacco if the law of the State or
local government of the place where the smokeless tobacco is
to be delivered requires or otherwise provides that delivery
sellers collect the excise tax from the consumer and remit
the excise tax to the State or local government, and the
delivery seller complies with the requirement.
``(e) List of Unregistered or Noncompliant Delivery
Sellers.--
``(1) In general.--
``(A) Initial list.--Not later than 90 days after this
subsection goes into effect under the Prevent All Cigarette
Trafficking Act of 2009, the Attorney General shall compile a
list of delivery sellers of cigarettes or smokeless tobacco
that have not registered with the Attorney General pursuant
to section 2(a), or that are otherwise not in compliance with
this Act, and--
``(i) distribute the list to--
[[Page 12758]]
``(I) the attorney general and tax administrator of every
State;
``(II) common carriers and other persons that deliver small
packages to consumers in interstate commerce, including the
United States Postal Service; and
``(III) any other persons who the Attorney General believes
can promote the effective enforcement of this Act; and
``(ii) publicize and make the list available to any other
person engaged in the business of interstate deliveries or
who delivers cigarettes or smokeless tobacco in or into any
State.
``(B) List contents.--To the extent known, the Attorney
General shall include, for each delivery seller on the list
described in subparagraph (A)--
``(i) all names the delivery seller uses or has used in the
transaction of its business or on packages delivered to
customers;
``(ii) all addresses from which the delivery seller does or
has done business, or ships or has shipped cigarettes or
smokeless tobacco;
``(iii) the website addresses, primary e-mail address, and
phone number of the delivery seller; and
``(iv) any other information that the Attorney General
determines would facilitate compliance with this subsection
by recipients of the list.
``(C) Updating.--The Attorney General shall update and
distribute the list at least once every 4 months, and may
distribute the list and any updates by regular mail,
electronic mail, or any other reasonable means, or by
providing recipients with access to the list through a
nonpublic website that the Attorney General regularly
updates.
``(D) State, local, or tribal additions.--The Attorney
General shall include in the list under subparagraph (A) any
noncomplying delivery sellers identified by any State, local,
or tribal government under paragraph (5), and shall
distribute the list to the attorney general or chief law
enforcement official and the tax administrator of any
government submitting any such information, and to any common
carriers or other persons who deliver small packages to
consumers identified by any government pursuant to paragraph
(5).
``(E) Accuracy and completeness of list of noncomplying
delivery sellers.--In preparing and revising the list
required by subparagraph (A), the Attorney General shall--
``(i) use reasonable procedures to ensure maximum possible
accuracy and completeness of the records and information
relied on for the purpose of determining that such delivery
seller is noncomplying;
``(ii) not later than 14 days prior to including any
delivery seller on such list, make a reasonable attempt to
send notice to the delivery seller by letter, electronic
mail, or other means that the delivery seller is being placed
on such list, with that notice citing the relevant provisions
of this Act and the specific reasons for being placed on such
list;
``(iii) provide an opportunity to such delivery seller to
challenge placement on such list;
``(iv) investigate each such challenge by contacting the
relevant Federal, State, tribal, and local law enforcement
officials, and provide the specific findings and results of
such investigation to such delivery seller not later than 30
days after the challenge is made; and
``(v) upon finding that any placement is inaccurate,
incomplete, or cannot be verified, promptly delete such
delivery seller from the list as appropriate and notify each
appropriate Federal, State, tribal, and local authority of
such finding.
``(F) Confidentiality.--The list distributed pursuant to
subparagraph (A) shall be confidential, and any person
receiving the list shall maintain the confidentiality of the
list but may deliver the list, for enforcement purposes, to
any government official or to any common carrier or other
person that delivers tobacco products or small packages to
consumers. Nothing in this section shall prohibit a common
carrier, the United States Postal Service, or any other
person receiving the list from discussing with a listed
delivery seller the delivery seller's inclusion on the list
and the resulting effects on any services requested by such
listed delivery seller.
``(2) Prohibition on delivery.--
``(A) In general.--Commencing on the date that is 60 days
after the date of the initial distribution or availability of
the list under paragraph (1)(A), no person who receives the
list under paragraph (1), and no person who delivers
cigarettes or smokeless tobacco to consumers, shall knowingly
complete, cause to be completed, or complete its portion of a
delivery of any package for any person whose name and address
are on the list, unless--
``(i) the person making the delivery knows or believes in
good faith that the item does not include cigarettes or
smokeless tobacco;
``(ii) the delivery is made to a person lawfully engaged in
the business of manufacturing, distributing, or selling
cigarettes or smokeless tobacco; or
``(iii) the package being delivered weighs more than 100
pounds and the person making the delivery does not know or
have reasonable cause to believe that the package contains
cigarettes or smokeless tobacco.
``(B) Implementation of updates.--Commencing on the date
that is 30 days after the date of the distribution or
availability of any updates or corrections to the list under
paragraph (1), all recipients and all common carriers or
other persons that deliver cigarettes or smokeless tobacco to
consumers shall be subject to subparagraph (A) in regard to
such corrections or updates.
``(C) Exemptions.--Subparagraphs (A) and (B), subsection
(b)(2), and any other requirements or restrictions placed
directly on common carriers elsewhere in this subsection,
shall not apply to a common carrier that is subject to a
settlement agreement relating to tobacco product deliveries
to consumers or, if any such settlement agreement to which
the common carrier was a party is terminated or otherwise
becomes inactive, is administering and enforcing, on a
nationwide basis, policies and practices that are at least as
stringent as any such agreement. For the purposes of this
section, `settlement agreement' shall be defined to include
the Assurance of Discontinuance entered into by the Attorney
General of New York and DHL Holdings USA, Inc. and DHL
Express (USA), Inc. on or about July 1, 2005, the Assurance
of Discontinuance entered into by the Attorney General of New
York and United Parcel Service, Inc. on or about October 21,
2005, and the Assurance of Compliance entered into by the
Attorney General of New York and Federal Express Corporation
and FedEx Ground Package Systems, Inc. on or about February
3, 2006, so long as each is honored nationwide to block
illegal deliveries of cigarettes or smokeless tobacco to
consumers, and also includes any other active agreement
between a common carrier and the States that operates
nationwide to ensure that no deliveries of cigarettes and
smokeless tobacco shall be made to consumers for illegally
operating Internet or mail-order sellers and that any such
deliveries to consumers shall not be made to minors or
without payment to the States and localities where the
consumers are located of all taxes on the tobacco products.
``(3) Shipments from persons on list.--
``(A) In general.--In the event that a common carrier or
other delivery service delays or interrupts the delivery of a
package it has in its possession because it determines or has
reason to believe that the person ordering the delivery is on
a list distributed under paragraph (1), and that clauses
(i)(ii), and (iii) of paragraph (2)(a) do not apply.--
``(i) the person ordering the delivery shall be obligated
to pay--
``(I) the common carrier or other delivery service as if
the delivery of the package had been timely completed; and
``(II) if the package is not deliverable, any reasonable
additional fee or charge levied by the common carrier or
other delivery service to cover its extra costs and
inconvenience and to serve as a disincentive against such
noncomplying delivery orders; and
``(ii) if the package is determined not to be deliverable,
the common carrier or other delivery service shall offer to
provide the package and its contents to a Federal, State, or
local law enforcement agency.
``(B) Records.--A common carrier or other delivery service
shall maintain, for a period of 5 years, any records kept in
the ordinary course of business relating to any deliveries
interrupted pursuant to this paragraph and provide that
information, upon request, to the Attorney General or to the
attorney general or chief law enforcement official or tax
administrator of any State, local, or tribal government.
``(C) Confidentiality.--Any person receiving records under
subparagraph (B) shall use such records solely for the
purposes of the enforcement of this Act and the collection of
any taxes owed on related sales of cigarettes and smokeless
tobacco, and shall keep confidential any personal information
in such records not otherwise required for such purposes.
``(4) Preemption.--
``(A) In general.--No State, local, or tribal government,
nor any political authority of 2 or more State, local, or
tribal governments, may enact or enforce any law or
regulation relating to delivery sales that restricts
deliveries of cigarettes or smokeless tobacco to consumers by
common carriers or other delivery services on behalf of
delivery sellers by--
``(i) requiring that the common carrier or other delivery
service verify the age or identity of the consumer accepting
the delivery by requiring the person who signs to accept
delivery of the shipping container to provide proof, in the
form of a valid, government-issued identification bearing a
photograph of the individual, that such person is at least
the minimum age required for the legal sale or purchase of
tobacco products, as determined by either State or local law
at the place of delivery;
``(ii) requiring that the common carrier or other delivery
service obtain a signature from the consumer accepting the
delivery;
``(iii) requiring that the common carrier or other delivery
service verify that all applicable taxes have been paid;
``(iv) requiring that packages delivered by the common
carrier or other delivery service contain any particular
labels, notice, or markings; or
``(v) prohibiting common carriers or other delivery
services from making deliveries on the basis of whether the
delivery seller is or
[[Page 12759]]
is not identified on any list of delivery sellers maintained
and distributed by any entity other than the Federal
Government.
``(B) Relationship to other laws.--Except as provided in
subparagraph (C), nothing in this paragraph shall be
construed to nullify, expand, restrict, or otherwise amend or
modify--
``(i) section 14501(c)(1) or 41713(b)(4) of title 49,
United States Code;
``(ii) any other restrictions in Federal law on the ability
of State, local, or tribal governments to regulate common
carriers; or
``(iii) any provision of State, local, or tribal law
regulating common carriers that is described in section
14501(c)(2) or 41713(b)(4)(B) of title 49 of the United
States Code.
``(C) State laws prohibiting delivery sales.--Nothing in
the Prevent All Cigarette Trafficking Act of 2009, the
amendments made by that Act, or in any other Federal statute
shall be construed to preempt, supersede, or otherwise limit
or restrict State laws prohibiting the delivery sale, or the
shipment or delivery pursuant to a delivery sale, of
cigarettes or other tobacco products to individual consumers
or personal residences except that no State may enforce
against a common carrier a law prohibiting the delivery of
cigarettes or other tobacco products to individual consumers
or personal residences without proof that the common carrier
is not exempt under paragraph (2)(C) of this subsection.
``(5) State, local, and tribal additions.--
``(A) In general.--Any State, local, or tribal government
shall provide the Attorney General with--
``(i) all known names, addresses, website addresses, and
other primary contact information of any delivery seller that
offers for sale or makes sales of cigarettes or smokeless
tobacco in or into the State, locality, or tribal land
involved, but has failed to register with or make reports to
the respective tax administrator as required by this Act, or
that has been found in a legal proceeding to have otherwise
failed to comply with this Act; and
``(ii) a list of common carriers and other persons who make
deliveries of cigarettes or smokeless tobacco in or into the
State, locality, or tribal land.
``(B) Updates.--Any government providing a list to the
Attorney General under subparagraph (A) shall also provide
updates and corrections every 4 months until such time as
such government notifies the Attorney General in writing that
such government no longer desires to submit such information
to supplement the list maintained and distributed by the
Attorney General under paragraph (1).
``(C) Removal after withdrawal.--Upon receiving written
notice that a government no longer desires to submit
information under subparagraph (A), the Attorney General
shall remove from the list compiled under paragraph (1) any
persons that are on the list solely because of such
government's prior submissions of its list of noncomplying
delivery sellers of cigarettes or smokeless tobacco or its
subsequent updates and corrections.
``(6) Deadline to incorporate additions.--The Attorney
General shall--
``(A) include any delivery seller identified and submitted
by a State, local, or tribal government under paragraph (5)
in any list or update that is distributed or made available
under paragraph (1) on or after the date that is 30 days
after the date on which the information is received by the
Attorney General; and
``(B) distribute any such list or update to any common
carrier or other person who makes deliveries of cigarettes or
smokeless tobacco that has been identified and submitted by a
government pursuant to paragraph (5).
``(7) Notice to delivery sellers.--Not later than 14 days
prior to including any delivery seller on the initial list
distributed or made available under paragraph (1), or on any
subsequent list or update for the first time, the Attorney
General shall make a reasonable attempt to send notice to the
delivery seller by letter, electronic mail, or other means
that the delivery seller is being placed on such list or
update, with that notice citing the relevant provisions of
this Act.
``(8) Limitations.--
``(A) In general.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required or otherwise obligated to--
``(i) determine whether any list distributed or made
available under paragraph (1) is complete, accurate, or up-
to-date;
``(ii) determine whether a person ordering a delivery is in
compliance with this Act; or
``(iii) open or inspect, pursuant to this Act, any package
being delivered to determine its contents.
``(B) Alternate names.--Any common carrier or other person
making a delivery subject to this subsection shall not be
required to make any inquiries or otherwise determine whether
a person ordering a delivery is a delivery seller on the list
under paragraph (1) who is using a different name or address
in order to evade the related delivery restrictions, but
shall not knowingly deliver any packages to consumers for any
such delivery seller who the common carrier or other delivery
service knows is a delivery seller who is on the list under
paragraph (1) but is using a different name or address to
evade the delivery restrictions of paragraph (2).
``(C) Penalties.--Any common carrier or person in the
business of delivering packages on behalf of other persons
shall not be subject to any penalty under section 14101(a) of
title 49, United States Code, or any other provision of law
for--
``(i) not making any specific delivery, or any deliveries
at all, on behalf of any person on the list under paragraph
(1);
``(ii) refusing, as a matter of regular practice and
procedure, to make any deliveries, or any deliveries in
certain States, of any cigarettes or smokeless tobacco for
any person or for any person not in the business of
manufacturing, distributing, or selling cigarettes or
smokeless tobacco; or
``(iii) delaying or not making a delivery for any person
because of reasonable efforts to comply with this Act.
``(D) Other limits.--Section 2 and subsections (a), (b),
(c), and (d) of this section shall not be interpreted to
impose any responsibilities, requirements, or liability on
common carriers.
``(f) Presumption.--For purposes of this Act, a delivery
sale shall be deemed to have occurred in the State and place
where the buyer obtains personal possession of the cigarettes
or smokeless tobacco, and a delivery pursuant to a delivery
sale is deemed to have been initiated or ordered by the
delivery seller.''.
(d) Penalties.--The Jenkins Act is amended by striking
section 3 and inserting the following:
``SEC. 3. PENALTIES.
``(a) Criminal Penalties.--
``(1) In general.--Except as provided in paragraph (2),
whoever knowingly violates any provision of this Act shall be
guilty of a felony and shall be imprisoned not more than 3
years, fined under title 18, United States Code, or both.
``(2) Exceptions.--
``(A) Governments.--Paragraph (1) shall not apply to a
State, local, or tribal government.
``(B) Delivery violations.--A common carrier or independent
delivery service, or employee of a common carrier or
independent delivery service, shall be subject to criminal
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed knowingly--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(b) Civil Penalties.--
``(1) In general.--Except as provided in paragraph (3),
whoever violates any provision of this Act shall be subject
to a civil penalty in an amount not to exceed--
``(A) in the case of a delivery seller, the greater of--
``(i) $5,000 in the case of the first violation, or $10,000
for any other violation; or
``(ii) for any violation, 2 percent of the gross sales of
cigarettes or smokeless tobacco of such person during the 1-
year period ending on the date of the violation.
``(B) in the case of a common carrier or other delivery
service, $2,500 in the case of a first violation, or $5,000
for any violation within 1 year of a prior violation.
``(2) Relation to other penalties.--A civil penalty imposed
under paragraph (1) for a violation of this Act shall be
imposed in addition to any criminal penalty under subsection
(a) and any other damages, equitable relief, or injunctive
relief awarded by the court, including the payment of any
unpaid taxes to the appropriate Federal, State, local, or
tribal governments.
``(3) Exceptions.--
``(A) Delivery violations.--An employee of a common carrier
or independent delivery service shall be subject to civil
penalties under paragraph (1) for a violation of section
2A(e) only if the violation is committed intentionally--
``(i) as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of
pecuniary value; or
``(ii) for the purpose of assisting a delivery seller to
violate, or otherwise evading compliance with, section 2A.
``(B) Other limitations.--No common carrier or independent
delivery service shall be subject to civil penalties under
paragraph (1) for a violation of section 2A(e) if--
``(i) the common carrier or independent delivery service
has implemented and enforces effective policies and practices
for complying with that section; or
``(ii) the violation consists of an employee of the common
carrier or independent delivery service who physically
receives and processes orders, picks up packages, processes
packages, or makes deliveries, taking actions that are
outside the scope of employment of the employee, or that
violate the implemented and enforced policies of the common
carrier or independent delivery service described in clause
(i).''.
(e) Enforcement.--The Jenkins Act is amended by striking
section 4 and inserting the following:
``SEC. 4. ENFORCEMENT.
``(a) In General.--The United States district courts shall
have jurisdiction to prevent and restrain violations of this
Act and
[[Page 12760]]
to provide other appropriate injunctive or equitable relief,
including money damages, for such violations.
``(b) Authority of the Attorney General.--The Attorney
General shall administer and enforce the provisions of this
Act.
``(c) State, Local, and Tribal Enforcement.--
``(1) In general.--
``(A) Standing.--A State, through its attorney general, or
a local government or Indian tribe that levies a tax subject
to section 2A(a)(3), through its chief law enforcement
officer, may bring an action in a United States district
court to prevent and restrain violations of this Act by any
person or to obtain any other appropriate relief from any
person for violations of this Act, including civil penalties,
money damages, and injunctive or other equitable relief.
``(B) Sovereign immunity.--Nothing in this Act shall be
deemed to abrogate or constitute a waiver of any sovereign
immunity of a State or local government or Indian tribe
against any unconsented lawsuit under this Act, or otherwise
to restrict, expand, or modify any sovereign immunity of a
State or local government or Indian tribe.
``(2) Provision of information.--A State, through its
attorney general, or a local government or Indian tribe that
levies a tax subject to section 2A(a)(3), through its chief
law enforcement officer, may provide evidence of a violation
of this Act by any person not subject to State, local, or
tribal government enforcement actions for violations of this
Act to the Attorney General or a United States attorney, who
shall take appropriate actions to enforce the provisions of
this Act.
``(3) Use of penalties collected.--
``(A) In general.--There is established a separate account
in the Treasury known as the `PACT Anti-Trafficking Fund'.
Notwithstanding any other provision of law and subject to
subparagraph (B), an amount equal to 50 percent of any
criminal and civil penalties collected by the United States
Government in enforcing the provisions of this Act shall be
transferred into the PACT Anti-Trafficking Fund and shall be
available to the Attorney General for purposes of enforcing
the provisions of this Act and other laws relating to
contraband tobacco products.
``(B) Allocation of funds.--Of the amount available to the
Attorney General under subparagraph (A), not less than 50
percent shall be made available only to the agencies and
offices within the Department of Justice that were
responsible for the enforcement actions in which the
penalties concerned were imposed or for any underlying
investigations.
``(4) Nonexclusivity of remedy.--
``(A) In general.--The remedies available under this
section and section 3 are in addition to any other remedies
available under Federal, State, local, tribal, or other law.
``(B) State court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized State official to proceed in State
court, or take other enforcement actions, on the basis of an
alleged violation of State or other law.
``(C) Tribal court proceedings.--Nothing in this Act shall
be construed to expand, restrict, or otherwise modify any
right of an authorized Indian tribal government official to
proceed in tribal court, or take other enforcement actions,
on the basis of an alleged violation of tribal law.
``(D) Local government enforcement.--Nothing in this Act
shall be construed to expand, restrict, or otherwise modify
any right of an authorized local government official to
proceed in State court, or take other enforcement actions, on
the basis of an alleged violation of local or other law.
``(d) Persons Dealing in Tobacco Products.--Any person who
holds a permit under section 5712 of the Internal Revenue
Code of 1986 (regarding permitting of manufacturers and
importers of tobacco products and export warehouse
proprietors) may bring an action in an appropriate United
States district court to prevent and restrain violations of
this Act by any person other than a State, local, or tribal
government.
``(e) Notice.--
``(1) Persons dealing in tobacco products.--Any person who
commences a civil action under subsection (d) shall inform
the Attorney General of the action.
``(2) State, local, and tribal actions.--It is the sense of
Congress that the attorney general of any State, or chief law
enforcement officer of any locality or tribe, that commences
a civil action under this section should inform the Attorney
General of the action.
``(f) Public Notice.--
``(1) In general.--The Attorney General shall make
available to the public, by posting such information on the
Internet and by other appropriate means, information
regarding all enforcement actions brought by the United
States, or reported to the Attorney General, under this
section, including information regarding the resolution of
such actions and how the Attorney General has responded to
referrals of evidence of violations pursuant to subsection
(c)(2).
``(2) Reports to congress.--The Attorney General shall
submit to Congress, one year after the date of the enactment
of the Prevent All Cigarette Trafficking Act of 2009, at the
end of each of the four succeeding 1-year periods, a report
containing the information described in paragraph (1).''.
SEC. 3. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS
NONMAILABLE MATTER.
(a) In General.--Chapter 83 of title 18, United States
Code, is amended by inserting after section 1716D the
following:
``Sec. 1716E. Tobacco products as nonmailable
``(a) Prohibition.--All cigarettes and smokeless tobacco
(as those terms are defined in section 1 of the Act of
October 19, 1949, commonly referred to as the Jenkins Act)
are nonmailable and shall not be deposited in or carried
through the mails. The United States Postal Service shall not
accept for delivery or transmit through the mails any package
that it knows or has reasonable cause to believe contains any
cigarettes or smokeless tobacco made nonmailable by this
subsection. For the purposes of subsection (a) reasonable
cause includes--
``(1) a statement on a publicly available website, or an
advertisement, by any person that such person will mail
matter which is nonmailable under this section in return for
payment; or
``(2) the placement of the person on the list created under
section 2A(e) of the Jenkins Act.
``(b) Exceptions.--This section shall not apply to the
following:
``(1) Cigars.--Cigars (as that term is defined in section
5702(a) of the Internal Revenue Code of 1986).
``(2) Geographic exception.--Mailings within the State of
Alaska or within the State of Hawaii.
``(3) Business purposes.--Tobacco products mailed only for
business purposes between legally operating businesses that
have all applicable State and Federal Government licenses or
permits and are engaged in tobacco product manufacturing,
distribution, wholesale, export, import, testing,
investigation, or research, or for regulatory purposes
between any such businesses and State or Federal Government
regulatory agencies, pursuant to a final rule that the Postal
Service shall issue, not later than 180 days after the date
of the enactment of the Prevent All Cigarette Trafficking Act
of 2009, which shall establish the standards and requirements
that apply to all such mailings, which shall include the
following:
``(A) The Postal Service shall verify that any person
submitting an otherwise nonmailable tobacco product into the
mails as authorized by this paragraph is a business or
government agency permitted to make such mailings pursuant to
this section and the related final rule.
``(B) The Postal Service shall ensure that any recipient of
an otherwise nonmailable tobacco product sent through the
mails pursuant to this paragraph is a business or government
agency that may lawfully receive such product.
``(C) The mailings shall be sent through the Postal
Service's systems that provide for the tracking and
confirmation of the delivery.
``(D) The identities of the business or government entity
submitting the mailing containing otherwise nonmailable
tobacco products for delivery and the business or government
entity receiving the mailing shall be clearly set forth on
the package and such information shall be kept in Postal
Service records and made available to the Postal Service, the
Attorney General, and to persons eligible to bring
enforcement actions pursuant to section 3(d) of the Prevent
All Cigarette Trafficking Act of 2009 for a period of at
least three years thereafter.
``(E) The mailings shall be marked with a Postal Service
label or marking that makes it clear to Postal Service
employees that it is a permitted mailing of otherwise
nonmailable tobacco products that may be delivered only to a
permitted government agency or business and may not be
delivered to any residence or individual person.
``(F) The mailing shall be delivered only to a verified
adult employee of the recipient business or government
agency, who shall be required to sign for the mailing.
``(4) Certain individuals.--Tobacco products mailed by
adult individuals for noncommercial purposes, including the
return of a damaged or unacceptable tobacco product to its
manufacturer, pursuant to a final rule that the Postal
Service shall issue, not later than 180 days after the date
of the enactment of the Prevent All Cigarette Trafficking Act
of 2009, which shall establish the standards and requirements
that apply to all such mailings, which shall include the
following:
``(A) The Postal Service shall verify that any person
submitting an otherwise nonmailable tobacco product into the
mails as authorized by this section is the individual
identified on the return address label of the package and is
an adult.
``(B) For a mailing to an individual, the Postal Service
shall require the person submitting the otherwise nonmailable
tobacco product into the mails as authorized by this
subsection to affirm that the recipient is an adult.
``(C) The package shall not weigh more than 10 ounces.
``(D) The mailing shall be sent through the Postal
Service's systems that provide for the tracking and
confirmation of the delivery.
[[Page 12761]]
``(E) No package shall be delivered or placed in the
possession of any individual who is not a verified adult. For
a mailing to an individual, the Postal Service shall deliver
the package only to the verified adult recipient at the
recipient address or transfer it for delivery to an Air/Army
Postal Office (APO) or Fleet Postal Office (FPO) number
designated in the recipient address.
``(F) No person shall initiate more than ten such mailings
in any thirty-day period.
``(5) Exception for mailings for consumer testing by
manufacturers.--Subject to paragraph (8), nothing in this Act
shall preclude a legally operating cigarette manufacturer
operating on its own or through its legally authorized agent
from using the Postal Service to mail cigarettes to verified
adult smokers solely for consumer testing purposes, provided
that--
``(A) the cigarette manufacturer has a federal permit, in
good standing, pursuant to section 5713 of the Internal
Revenue Code of 1986;
``(B) any package of cigarettes mailed pursuant to this
paragraph shall contain no more than 12 packs of cigarettes
(240 cigarettes);
``(C) no individual shall receive more than 1 package of
cigarettes per manufacturer pursuant to this paragraph in any
30-day period;
``(D) all taxes on the cigarettes levied by the State and
locality of delivery have been paid to the State and locality
prior to delivery, and tax stamps or other tax-payment
indicia have been affixed to the cigarettes as required by
law;
``(E)(i) the recipient has not made any payments of any
kind in exchange for receiving the cigarettes;
``(ii) the recipient is paid a fee by the manufacturer or
manufacturer's agent for participation in consumer product
tests; and
``(iii) the recipient, in connection with the tests,
evaluates the cigarettes and provides feedback to the
manufacturer or agent;
``(F) the mailing is made pursuant to a final rule that the
Postal Service shall issue, not later than 180 days after the
date of the enactment of the Prevent All Cigarette
Trafficking Act of 2009, which shall establish standards and
requirements that apply to all such mailings, which shall
include the following:
``(i) The Postal Service shall verify that any person
submitting a tobacco product into the mails pursuant to this
paragraph is a manufacturer permitted to make such mailings
pursuant to this paragraph, or an agent legally authorized by
the manufacturer to submit the tobacco product into the mails
on the manufacturer's behalf.
``(ii) The Postal Service shall require the manufacturer
submitting the cigarettes into the mails pursuant to this
paragraph to affirm that the manufacturer or its legally
authorized agent has verified that the recipient is an adult
established smoker who has not made any payment for the
cigarettes, has formally stated in writing that he or she
wishes to receive such mailings, and has not withdrawn that
agreement despite being offered the opportunity to do so by
the manufacturer or its legally authorized agent at least
once in every 3-month period.
``(iii) The Postal Service shall require the manufacturer
or its legally authorized agent submitting the cigarettes
into the mails pursuant to this paragraph to affirm that the
package contains no more than 12 packs of cigarettes (240
cigarettes) on which all taxes levied on the cigarettes by
the State and locality of delivery have been paid and all
related State tax stamps or other tax-payment indicia have
been applied.
``(iv) The mailings shall be sent through the Postal
Service's systems that provide for the tracking and
confirmation of the delivery and all related records shall be
kept in Postal Service records and made available to persons
enforcing this section for a period of at least 3 years
thereafter.
``(v) The mailing shall be marked with a Postal Service
label or marking that makes it clear to Postal Service
employees that it is a permitted mailing of otherwise
nonmailable tobacco products that may be delivered only to
the named recipient after verifying that the recipient is an
adult.
``(vi) The Postal Service shall deliver the mailing only to
the named recipient and only after verifying that the
recipient is an adult.
``(6) Definition of consumer testing.--For purposes of this
Act, the term `consumer testing' means testing limited to
formal data collection and analysis for the specific purpose
of evaluating the product for quality assurance and
benchmarking purposes of cigarette brands or sub-brands among
existing adult smokers.
``(7) Definition of adult.--For purposes of paragraph (5),
the term `adult' means an individual of at least 21 years of
age. For purposes of paragraphs (3) and (4), the term `adult'
means an individual of at least the minimum age required for
the legal sale or purchase of tobacco products as determined
by applicable law at the place the individual is located.
``(8) Limitations.--Paragraph (5) shall not--
``(A) permit a mailing of cigarettes to an individual
located in any State that prohibits the delivery or shipment
of cigarettes to individuals in the State, or preempt, limit,
or otherwise affect any related State laws; or
``(B) permit a manufacturer, directly or through a legally
authorized agent, to mail cigarettes in any calendar years in
a cumulative amount greater than one percent of its total
cigarette sales in the United States in the previous calendar
year.
``(9) United states government agencies.--Agencies of the
United States Government involved in the consumer testing of
tobacco products solely for public health purposes may make
mailings pursuant to the same requirements, restrictions, and
Postal Service rules and procedures that apply to consumer
testing mailings of cigarettes by manufacturers under
paragraph (5), except that no such agency shall be required
to pay the recipients for participating in the consumer
testing.
``(c) Seizure and Forfeiture.--Any cigarettes or smokeless
tobacco made nonmailable by this subsection that are
deposited in the mails shall be subject to seizure and
forfeiture, pursuant to the procedures set forth in chapter
46 of this title. Any tobacco products so seized and
forfeited shall either be destroyed or retained by Government
officials for the detection or prosecution of crimes or
related investigations and then destroyed.
``(d) Additional Penalties.--In addition to any other fines
and penalties imposed by this Act for violations of this
section, any person violating this section shall be subject
to an additional civil penalty in the amount of 10 times the
retail value of the nonmailable cigarettes or smokeless
tobacco, including all Federal, State, and local taxes.
``(e) Criminal Penalty.--Whoever knowingly deposits for
mailing or delivery, or knowingly causes to be delivered by
mail, according to the direction thereon, or at any place at
which it is directed to be delivered by the person to whom it
is addressed, anything that this section declares to be
nonmailable matter shall be fined under this title,
imprisoned not more than 1 year, or both.
``(f) Definition.--As used in this section, the term
`State' has the meaning given that term in section 1716(k).
``(g) Use of Penalties.--There is established a separate
account in the Treasury of the United States, to be known as
the `PACT Postal Service Fund'. Notwithstanding any other
provision of law, an amount equal to 50 percent of any
criminal and civil fines or monetary penalties collected by
the United States Government in enforcing the provisions of
this subsection shall be transferred into the PACT Postal
Service Fund and shall be available to the Postmaster General
for the purpose of enforcing the provisions of this
subsection.
``(h) Coordination of Efforts.--In the enforcement of this
section, the Postal Service shall cooperate and coordinate
its efforts with related enforcement activities of any other
Federal agency or of any State, local, or tribal government,
whenever appropriate.''.
(b) Actions by State, Local or Tribal Governments Relating
to Certain Tobacco Products.--
(1) A State, through its attorney general, or a local
government or Indian tribe that levies an excise tax on
tobacco products, through its chief law enforcement officer,
may in a civil action in a United States district court
obtain appropriate relief with respect to a violation of
section 1716E of title 18, United States Code. Appropriate
relief includes injunctive and equitable relief and damages
equal to the amount of unpaid taxes on tobacco products
mailed in violation of that section to addressees in that
State.
(2) Nothing in this section shall be deemed to abrogate or
constitute a waiver of any sovereign immunity of a State or
local government or Indian tribe against any unconsented
lawsuit under paragraph (1), or otherwise to restrict,
expand, or modify any sovereign immunity of a State or local
government or Indian tribe.
(3) Nothing in this section shall be construed to prohibit
an authorized State official from proceeding in State court
on the basis of an alleged violation of any general civil or
criminal statute of such State.
(4) A State, through its attorney general, or a local
government or Indian tribe that levies an excise tax on
tobacco products, through its chief law enforcement officer,
may provide evidence of a violation of paragraph (1) for
commercial purposes by any person not subject to State,
local, or tribal government enforcement actions for
violations of paragraph (1) to the Attorney General, who
shall take appropriate actions to enforce the provisions of
this subsection.
(5) The remedies available under this subsection are in
addition to any other remedies available under Federal,
State, local, tribal, or other law. Nothing in this
subsection shall be construed to expand, restrict, or
otherwise modify any right of an authorized State, local, or
tribal government official to proceed in a State, tribal, or
other appropriate court, or take other enforcement actions,
on the basis of an alleged violation of State, local, tribal,
or other law.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 83 of title 18 is amended by adding
after the item
[[Page 12762]]
relating to section 1716D the following new item:
``1716E. Tobacco products as nonmailable.''.
SEC. 4. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING STATUTE.
(a) In General.--A Tobacco Product Manufacturer or importer
may not sell in, deliver to, or place for delivery sale, or
cause to be sold in, delivered to, or placed for delivery
sale in a State that is a party to the Master Settlement
Agreement, any cigarette manufactured by a Tobacco Product
Manufacturer that is not in full compliance with the terms of
the Model Statute or Qualifying Statute enacted by such State
requiring funds to be placed into a qualified escrow account
under specified conditions, and with any regulations
promulgated pursuant to such statute.
(b) Jurisdiction To Prevent and Restrain Violations.--
(1) In general.--The United States district courts shall
have jurisdiction to prevent and restrain violations of
subsection (a) in accordance with this subsection.
(2) Initiation of action.--A State, through its attorney
general, may bring an action in an appropriate United States
district court to prevent and restrain violations of
subsection (a) by any person.
(3) Attorney fees.--In any action under paragraph (2), a
State, through its attorney general, shall be entitled to
reasonable attorney fees from a person found to have
knowingly violated subsection (a).
(4) Nonexclusivity of remedies.--The remedy available under
paragraph (2) is in addition to any other remedies available
under Federal, State, or other law. No provision of this Act
or any other Federal law shall be held or construed to
prohibit or preempt the Master Settlement Agreement, the
Model Statute (as defined in the Master Settlement
Agreement), any legislation amending or complementary to the
Model Statute in effect as of June 1, 2006, or any
legislation substantially similar to such existing, amending,
or complementary legislation hereinafter enacted.
(5) Other enforcement actions.--Nothing in this subsection
shall be construed to prohibit an authorized State official
from proceeding in State court or taking other enforcement
actions on the basis of an alleged violation of State or
other law.
(6) Authority of the attorney general.--The Attorney
General may bring an action in an appropriate United States
district court to prevent and restrain violations of
subsection (a) by any person.
(c) Definitions.--In this section the following definitions
apply:
(1) Delivery sale.--The term ``delivery sale'' means any
sale of cigarettes or smokeless tobacco to a consumer if--
(A) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the buyer when
the request for purchase or order is made; or
(B) the cigarettes or smokeless tobacco are delivered to
the buyer by common carrier, private delivery service, or
other method of remote delivery, or the seller is not in the
physical presence of the buyer when the buyer obtains
possession of the cigarettes or smokeless tobacco.
(2) Importer.--The term ``importer'' means each of the
following:
(A) Shipping or consigning.--Any person in the United
States to whom nontaxpaid tobacco products manufactured in a
foreign country, Puerto Rico, the Virgin Islands, or a
possession of the United States are shipped or consigned.
(B) Manufacturing warehouses.--Any person who removes
cigars or cigarettes for sale or consumption in the United
States from a customs-bonded manufacturing warehouse.
(C) Unlawful importing.--Any person who smuggles or
otherwise unlawfully brings tobacco products into the United
States.
(3) Master settlement agreement.--The term ``Master
Settlement Agreement'' means the agreement executed November
23, 1998, between the attorneys general of 46 States, the
District of Columbia, the Commonwealth of Puerto Rico, and 4
territories of the United States and certain tobacco
manufacturers.
(4) Model statute; qualifying statute.--The terms ``Model
Statute'' and ``Qualifying Statute'' means a statute as
defined in section IX(d)(2)(e) of the Master Settlement
Agreement.
(5) Tobacco product manufacturer.--The term ``Tobacco
Product Manufacturer'' has the meaning given that term in
section II(uu) of the Master Settlement Agreement.
SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS,
AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE
AND SMOKELESS TOBACCO SELLERS; CIVIL PENALTY.
Section 2343(c) of title 18, United States Code, is amended
to read as follows:
``(c)(1) Any officer of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives may, during normal business hours,
enter the premises of any person described in subsection (a)
or (b) for the purposes of inspecting--
``(A) any records or information required to be maintained
by such person under the provisions of law referred to in
this chapter; or
``(B) any cigarettes or smokeless tobacco kept or stored by
such person at such premises.
``(2) The district courts of the United States shall have
the authority in a civil action under this subsection to
compel inspections authorized by paragraph (1).
``(3) Whoever denies access to an officer under paragraph
(1), or who fails to comply with an order issued under
paragraph (2), shall be subject to a civil penalty in an
amount not to exceed $10,000.''.
SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL
MATTERS.
(a) In General.--Nothing in this Act or the amendments made
by this Act shall be construed to amend, modify, or otherwise
affect--
(1) any agreements, compacts, or other intergovernmental
arrangements between any State or local government and any
government of an Indian tribe (as that term is defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)) relating to the collection
of taxes on cigarettes or smokeless tobacco sold in Indian
country;
(2) any State laws that authorize or otherwise pertain to
any such intergovernmental arrangements or create special
rules or procedures for the collection of State, local, or
tribal taxes on cigarettes or smokeless tobacco sold in
Indian country;
(3) any limitations under Federal or State law, including
Federal common law and treaties, on State, local, and tribal
tax and regulatory authority with respect to the sale, use,
or distribution of cigarettes and smokeless tobacco by or to
Indian tribes, tribal members, tribal enterprises, or in
Indian country;
(4) any Federal law, including Federal common law and
treaties, regarding State jurisdiction, or lack thereof, over
any tribe, tribal members, tribal enterprises, tribal
reservations, or other lands held by the United States in
trust for one or more Indian tribes; and
(5) any State or local government authority to bring
enforcement actions against persons located in Indian
country.
(b) Coordination of Law Enforcement.--Nothing in this Act
or the amendments made by this Act shall be construed to
inhibit or otherwise affect any coordinated law enforcement
effort by 1 or more States or other jurisdictions, including
Indian tribes, through interstate compact or otherwise,
that--
(1) provides for the administration of tobacco product laws
or laws pertaining to interstate sales or other sales of
tobacco products;
(2) provides for the seizure of tobacco products or other
property related to a violation of such laws; or
(3) establishes cooperative programs for the administration
of such laws.
(c) Treatment of State and Local Governments.--Nothing in
this Act or the amendments made by this Act shall be
construed to authorize, deputize, or commission States or
local governments as instrumentalities of the United States.
(d) Enforcement Within Indian Country.--Nothing in this Act
or the amendments made by this Act shall prohibit, limit, or
restrict enforcement by the Attorney General of the
provisions herein within Indian country.
(e) Ambiguity.--Any ambiguity between the language of this
section or its application and any other provision of this
Act shall be resolved in favor of this section.
SEC. 7. ENHANCED CONTRABAND TOBACCO ENFORCEMENT.
(a) Requirements.--The Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives shall--
(1) create 6 regional contraband tobacco trafficking teams
over a 3-year period in New York City, Washington DC,
Detroit, Los Angeles, Seattle, and Miami,
(2) create a new Tobacco Intelligence Center to oversee
investigations and monitor and coordinate ongoing
investigations and to serve as a nerve center for all ongoing
tobacco diversion investigations within the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, in the United
States and, where applicable, with law enforcement
organizations around the world,
(3) establish a covert national warehouse for undercover
operations, and
(4) create a computer database that will track and analyze
information from retail sellers of tobacco products that sell
through the Internet or by mail order or make other non-face-
to-face sales.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $8,500,000 for
each of the 5 fiscal years beginning with fiscal year 2010.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
Act shall take effect on the date that is 90 days after the
date of enactment of this Act.
(b) BATFE Authority.--Section 5 shall take effect on the
date of enactment of this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act, or any amendment made by this
Act, or the application
[[Page 12763]]
thereof to any person or circumstance, is held invalid, the
remainder of the Act and the application of the Act to any
other person or circumstance shall not be affected thereby.
SEC. 10. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL EFFECT
OF THIS ACT.
It is the sense of Congress that unique harms are
associated with online cigarette sales, including problems
with verifying the ages of consumers in the digital market
and the long-term health problems associated with the use of
certain tobacco products. This Act was enacted recognizing
the longstanding interest of Congress in urging compliance
with States' laws regulating remote sales of certain tobacco
products to citizens of those States, including the passage
of the Jenkins Act over 50 years ago, which established
reporting requirements for out-of-State companies that sell
certain tobacco products to citizens of the taxing States,
and which gave authority to the Department of Justice and the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to
enforce the Jenkins Act. In light of the unique harms and
circumstances surrounding the online sale of certain tobacco
products, this Act is intended to help collect cigarette
excise taxes, to stop tobacco sales to underage youth, and to
help the States enforce their laws that target the online
sales of certain tobacco products only. This Act is in no way
meant to create a precedent regarding the collection of State
sales or use taxes by, or the validity of efforts to impose
other types of taxes on, out-of-State entities that do not
have a physical presence within the taxing State.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Weiner) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. WEINER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. WEINER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as States and localities face increasing pressure on
their budgets around the country, there is one source of revenue that
not only raises money for those localities but also performs an
important health function, and that is to provide taxation on packs of
cigarettes. The taxation varies dramatically from State to State, and,
frankly, in New York State we have the highest State tax in the Nation,
$2.75 a pack, and the highest local tax as well. We have a $4.25 per
pack. In some places it's much lower.
But every State in the union has some taxation that they put on their
tobacco products, and it is collected, by and large, by wholesalers
that put a tax stamp on. Most citizens, when they go out and purchase
their cigarettes, do so legally, pay the tax, and there is no problem.
However, as the taxes have gone up, we have unwittingly created a
large and growing black market for smuggled tobacco products. And this
legislation, which has bipartisan support in the Judiciary Committee
and in this House, seeks to solve that problem. It does so in a number
of ways.
One, it makes it much more difficult for someone to sell tobacco over
the Internet. Right now, UPS, DHL, the common carriers all are under
agreement that they, themselves, are saying, We are not going to ship
tobacco across the Internet because too often it's used as a way to
avoid paying the taxes. There is one common carrier, the Postal
Service, which still permits it. That is the carrier of choice for the
overwhelming number of illegally smuggled cigarettes. And, frankly, the
Postal Service has said, Congress, if you want us not to ship those
cigarettes, you've got to tell us in a law that you want us not to.
That's what we are doing today.
Also, it increases the penalties under the Jenkins Act. If someone is
going to seek to avoid paying tobacco taxes, violating the Jenkins Act
is going to be a felony under this act. It is going to make it a
requirement that sellers of Internet tobacco verify the purchaser's age
and identify them through easily accessible databases, which is, in
many cases, going to put some of these Internet tobacco carriers out of
business.
This is not only a matter of revenue, though, Mr. Speaker. This is
also the source for a black market that has emerged that, according to
the GAO, has allowed organizations as nefarious as Hezbollah to make
the money on the float: buying tobacco, say, in South Carolina, driving
it to Michigan, taking money that they saved by not charging people the
tax, and taking that money and exporting it to fund terrorist
activities. That is not a hypothetical. That's something that the GAO
actually found to have happened.
So I urge my colleagues to support this. This has broad support. We
have worked very hard, that even organizations as disparate as the
wholesale marketers, Phillip Morris, the National Association of
Attorneys General, Lorillard, and the Campaign for Tobacco-Free Kids,
all are supporters of the PACT Act.
I reserve the balance of my time.
Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to thank my colleague and friend on the
Judiciary Committee, Mr. Weiner, for introducing H.R. 1676, the Prevent
All Cigarette Trafficking or PACT Act. This bipartisan legislation will
help Federal, State, and local law enforcement officials combat
cigarette smuggling and trafficking in the United States.
Tobacco smuggling has become one of the most prevalent forms of
smuggling in recent years in our country. Its effects are not felt only
in the United States but other parts of the world as well.
The World Health Organization estimates that illegal cigarettes
account for 10.7 percent, or approximately 600 billion cigarettes, of
the more than 5.7 trillion cigarettes sold globally each year.
According to a study by the World Bank, cigarettes are appealing to
smugglers because taxes typically account for a large portion of the
price, making it highly profitable to traffic them for resale at a
reduced price.
Tobacco smuggling traditionally involves the diversion of large
quantities of cigarettes from wholesale distribution into the black
market. This typically occurs during the transit of the cigarettes,
thus allowing the traffickers to avoid most, if not all, taxes that
will be imposed at retail on the cigarettes.
The profits from tobacco trafficking can be and likely are used to
finance other illegal activities such as organized crime and drug
trafficking syndicates. In addition to the sale of smuggled tobacco on
the black market, it deprives States of significant amounts of tax
revenue every year.
Over the last 15 years, cigarette taxes have increased more than 65
percent throughout the United States; yet, during this same time,
States' tax revenues increased by only 35 percent.
California officials estimate that taxes are unpaid on about 15
percent of all tobacco sold in its markets at a cost of $276 million
every year. In a recently released study, the State of New York put its
losses at more than $576 million per year.
The State of Texas raised cigarette taxes recently, and this increase
is supposed to generate an additional $800 million in revenue for the
State.
This bill would help to ensure that States like California, New York,
and Texas receive or recover tax revenue that is due them by people who
buy cigarettes.
Two senior ranking members of the Judiciary Committee, Ranking Member
Smith and Mr. Weiner, have teamed together to cosponsor the PACT Act
for the second consecutive Congress.
In the 110th Congress, this House passed similar legislation on a
suspension calendar; however, our colleagues in the Senate did not ever
take up the bill.
H.R. 1676 varies slightly from the previous legislation passed by the
110th Congress. Provisions that were under the jurisdiction of the
Oversight and Government Reform Committee have been removed.
[[Page 12764]]
This bill also contains an authorization for additional funding for
anticigarette trafficking efforts for the Bureau of Alcohol, Tobacco,
Firearms and Explosives.
This bipartisan legislation closes loopholes in current tobacco
trafficking laws, provides law enforcement with new tools to combat
innovative methods being used by the cigarette traffickers to
distribute their products, and bolsters the States' ability to enforce
State law.
I urge all my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. WEINER. I thank the gentleman for his leadership on this and so
many issues on the Judiciary Committee.
It is indeed the fact that a lot of these Web sites continue to exist
because they provide delivery by the United States Postal Service. The
irony here is that UPS, FedEx, DHL, the big carriers have entered into
an agreement with the State of New York that they are now following in
all 50 States that they won't transport those tobacco products because
there is a reasonable expectation that these Web sites are operating,
and often brag about the idea that, if you go shopping for tobacco on
the Internet, you're not going to have to pay the taxes.
{time} 1330
Well, we need to stop that activity. You can be against the high
taxes in some States, or in favor of them. I think that the States, in
their sovereign responsibility, have the right to come up with their
own levels of taxation. But I think that we should all be able to agree
that right now there is a giant truck-sized loophole that exists in the
law that allows many people to avoid paying the taxes and allows the
funds to go to nefarious hands.
According to the GAO, Hezbollah raised $1.5 million from the sale of
illegal tobacco in the 5 years 1996 through 2000. The largest case that
they found was that millions of dollars of cigarettes were smuggled to
Michigan from North Carolina in 1996--seized cigarettes and property
and currency worth $2 million and proceeds that had been transferred to
Beirut.
But it's more obviously often smaller bore problems that have been
created as well; that if you have people who are increasingly seeking,
because of the large amount of taxation that there is on many of these
products, a lot of the programs in our States that are funded
theoretically from the tax revenues from tobacco are seeing shortfalls.
In fact, we're reaching a point now where the rising tobacco tax rights
are producing less revenue in some States.
Some people thump their chest and say, Isn't that great. We have less
smoking. But if you look at the back end, you see that the wholesalers
and the manufacturers are still sending the same number of cigarettes
out; we're just not collecting the revenues for it.
I want to offer my gratitude to Mr. Scott for his chairmanship on the
Crime Subcommittee, through which the bill passed. I also want to
express gratitude to many members of the staff who have worked to make
not only the bill work, but also the compromises and changes that we
made.
Mr. Coble, for example, was concerned that we wanted to allow some of
the smaller test brands to be able to be sent out so market research
could be done. We accommodated those concerns. And I think his staff
was very, very helpful.
If the Speaker will indulge me, I want to mention some of them by
name: Perry Apelbaum of the Judiciary Committee; and Ameer Gopalani,
Jesselyn McCurdy, Kimani Little and Caroline Lynch of the Subcommittee
on Crime, Terrorism, and Homeland Security; John Mautz of Congressman
Coble's staff; and Joseph Dunn of my staff.
Also, some of the folks in the private sector who helped us craft
this bill in a way that doesn't impact legitimate operators: Artie
Katz, Lenny Schwartz, and Steve Rosenthal with the New York Association
of Wholesale Marketers, who helped enlighten the committee on how the
process actually worked; John Hoel and Sarah Knakmuhs with Altria; Eric
Lindblom with the Campaign for Tobacco Free Kids; Anne Holloway with
the American Wholesale Marketers Association; Lynn Beckwith with the
National Association of Convenience Stores; and Laurie McKay with
Dickstein Shapiro.
Mr. Speaker, I reserve the balance of my time.
Mr. POE of Texas. Mr. Speaker, this bill has nothing to do with
whether cigarettes should be taxed or not, whether tobacco should be
taxed or not. The issue is the black market sale of cigarettes and
those individuals who fail to pay lawfully imposed taxes on them.
This legislation is supported by the tobacco industry and by law
enforcement, the Attorney General, and I urge the adoption of this
legislation.
I yield back the balance of my time.
Mr. WEINER. I thank Mr. Poe again, and I just want to make one other
point: that there are colleagues on other committees who have had an
interest in this, and they have been working hand-in-hand with the
Judiciary Committee.
I will insert an exchange of letters with one of those committees,
the Oversight and Reform Committee, at this point in the Record.
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, May 19, 2009.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, Washington, DC.
Dear Chairman Conyers: I am writing about H.R. 1676, the
``Prevent All Cigarette Trafficking Act of 2009.'' The
Judiciary Committee ordered this measure reported, as
amended, on April 28, 2009.
I appreciate your efforts to consult with the Committee on
Oversight and Government Reform regarding those provisions of
H.R. 1676 that fall within the Oversight Committee's
jurisdiction. These provisions relate to the treatment of
cigarettes and smokeless tobacco as nonmailable matter and
new requirements which will be placed on the U.S. Postal
Service as a result.
In the interest of expediting consideration of H.R. 1676,
the Oversight Committee will not separately consider relevant
provisions of this bill. I would, however, request your
support for the appointment of conferees from the Oversight
Committee should H.R. 1676 or a similar Senate bill be
considered in conference with the Senate. Moreover, this
letter should not be construed as a waiver of the Oversight
Committee's legislative jurisdiction over subjects addressed
in H.R. 1676 that fall within the jurisdiction of the
Oversight Committee.
Please include our exchange of letters on this matter in
the Congressional Record during consideration of this
legislation on the House floor.
Again, I appreciate your willingness to consult the
Committee on these matters.
Sincerely,
Edolphus Towns,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 19, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding your
committee's jurisdictional interest in H.R. 1676, the Prevent
All Cigarette Trafficking Act of 2009.
I appreciate your willingness to support expediting floor
consideration of this important legislation today. I
understand and agree that this is without prejudice to your
Committee's jurisdictional interests in this or similar
legislation in the future. In the event a House-Senate
conference on this or similar legislation is convened, I
would support your request for an appropriate number of
conferees.
I will include a copy of your letter and this response in
the Congressional Record in the debate on the bill. Thank you
for your cooperation as we work towards enactment of this
legislation.
Sincerely,
John Conyers, Jr.,
Chairman.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this
legislation, H.R. 1676, the Prevent All Cigarette Trafficking Act of
2009 or PACT Act. This bill was introduced by Representative Wiener of
New York. This legislation makes it a federal offense for any seller
making a ``delivery sale'' to fail to comply with all state excise tax,
sales tax licensing, and tax sampling laws. I urge my colleagues to
support this bill.
[[Page 12765]]
I also thank my legislative director, Arthur D. Sidney.
Every year tens of billions of cigarettes disappear into a lucrative
black market for tobacco products and are trafficked throughout the
world. Smuggling harms public health and minors by undermining tobacco
tax policies. Smuggling also makes tax-free cigarettes available to
minors who might otherwise quit smoking. It is reported that cigarette
smuggling also helps finance criminal activity and terrorist
organizations.
By diverting cigarettes while they are in the wholesale distribution
chain, large-scale smugglers generally avoid all taxes. Increasingly,
cigarette smuggling is on the rise throughout the United States. The
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has
reported that the number of ATF tobacco smuggling investigations has
increased from 10 in 1998 to 425 in 2005. Some of these investigations
and convictions have occurred in Texas.
Currently, the Jenkins Act, 15 USC 375, requires any person who sells
and ships cigarettes across a state line to a buyer, other than a
licensed distributor, to report the sale to the buyer's state tobacco
collection officials. Compliance allows states to collect a cigarette
excise tax. There are misdemeanor penalties for violation. Smugglers
are circumventing the Jenkins Act by virtue of internet-based tobacco
sales. Sales of tobacco through the internet have resulted in the loss
of billions of dollars in tax revenue.
The Contraband Cigarette Trafficking Act, 18 USC 2342, makes it
illegal for persons to knowingly ship, transport, receive, possess,
sell, distribute, or purchase contraband cigarettes or contraband
smokeless tobacco. It also prohibits a person from knowingly making any
false statement or representation with respect to information required
by law to be kept in the records of any person who ships, sells,
distributes cigarettes in excess of 10,000 in a single transaction.
Cigarette smuggling is on the rise due to the internet and sales to
and between Native American tribes and others. The PACT Act introduced
by the Honorable Anthony Weiner makes it a federal offense for any
seller to fail to comply with all state excise tax, sales tax
licensing, and tax stamping laws. This bill also increases the Jenkins
Act's existing penalties from a misdemeanor to a felony. It further
empowers states to enforce the Jenkins Act against out of state sellers
sending delivery sales into its territory by giving the Attorney
General the power to seek injunctive relief and civil penalties. The
Act prohibits the shipment of cigarettes and tobacco through the U.S.
Postal Service and provides the ATF with the ability to inspect a
distributor's business. Refusal to submit to inspection results in
additional penalties. Internet sellers are required to verify a
seller's age and identity through databases and the person accepting
delivery must verify age and identity when signing for delivery.
I urge my colleagues to support this bill.
Mr. WEINER. I urge support for the bill, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Weiner) that the House suspend the rules
and pass the bill, H.R. 1676, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. POE of Texas. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
HONORING POLICE OFFICERS AND LAW ENFORCEMENT PROFESSIONALS DURING
POLICE WEEK
Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 426) honoring police officers and law
enforcement professionals during Police Week.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 426
Whereas President John F. Kennedy signed a proclamation
declaring May 15th as Peace Officers Memorial Day to honor
law enforcement officers killed in the line of duty, and to
designate the calendar week in which May 15th occurs as
Police Week;
Whereas police officers protect communities across our
Nation;
Whereas police officers selflessly put their lives on the
line to keep Americans safe;
Whereas police officers perform a variety of duties to
pursue justice and maintain public safety;
Whereas in just the last decade, hundreds of police
officers were killed in the line of duty, and in just the
first four months of 2009 more than 40 officers around the
country have made the ultimate sacrifice; and
Whereas police officers and law enforcement personnel have
been adversely affected by the current economic situation,
yet continue to serve bravely: Now, therefore, be it
Resolved, That--
(1) it is the sense of the House of Representatives that--
(A) Police Week provides an opportunity to honor police
officers and law enforcement personnel for their selfless
acts of bravery;
(B) police officers and law enforcement personnel risk
their lives daily to protect Americans; and
(C) police officers and law enforcement personnel who have
made the ultimate sacrifice should be remembered and honored;
(2) the House of Representatives honors police officers for
their efforts to create safer and more secure communities;
and
(3) the House of Representatives expresses its strong
support for the Nation's police officers and law enforcement
personnel.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this resolution honors police officers and law
enforcement professionals during Police Week. In 1962, President
Kennedy proclaimed the week in which May 15 occurs to be Police Week.
For over 40 years, the week of May 15 has continued to be the time to
honor men and women in our Nation's law enforcement agencies, who
protect our neighborhoods, our homes, and our loved ones.
The men and women who dedicate their careers to our safety do so at
the expense of spending long hours away from their own families,
putting themselves at great risk--and, in too many instances, making
the ultimate sacrifice.
In fact, we have lost over 20,000 officers in the line of duty over
the course of our history. Since January 1 of this year, we've lost 48
officers--five since the beginning of this month alone. Yet regardless
of the continuing danger, day after day, and year after year, these
dedicated professionals continue to make the sacrifices for their
communities, without asking for thanks or praise.
And so the law enforcement professionals and police officers who toil
in our communities across the Nation deserve our unwavering support and
our thankful recognition.
I commend the gentleman from California (Mr. McNerney) for
introducing this resolution and for giving the House of Representatives
the opportunity to show respect and admiration for our law enforcement
professionals. I urge my colleagues to support the resolution.
I reserve the balance of my time.
Mr. POE of Texas. I yield myself such time as I may consume.
I would like to thank the gentleman from California (Mr. McNerney)
for introducing H. Res. 426, which honors police officers and law
enforcement professionals during National Police Week. I'm pleased to
cosponsor this resolution that supports the brave men and women who
wear the badge, as well as all the professionals who support them in
their mission throughout the country, especially their families.
As they continue to protect and serve, we take a moment to salute
them for everything that they do every day, much of which goes
unnoticed. We're able to go about our daily routines because officers
in small towns
[[Page 12766]]
and big cities and in rural areas throughout this country stand ready
to take those risks on our behalf.
Each year, 50,000--50,000--peace officers are assaulted in the United
States. On May 17, 1792, New York City's Deputy Sheriff Isaac Smith
became the first recorded police officer to be killed in the line of
duty in the United States. Since that time, 19,705 peace officers have
been killed while on duty protecting the rest of us.
In 2008, 140 officers died in the line of duty while upholding the
values that make this country great--duty, honor, sacrifice. Those
values and their sacrifice are a somber reminder that the freedoms that
we share do not come without a cost. Of those 140, 10 percent, or 14,
were from my home State of Texas.
Sadly, already in 2009, 48 peace officers have died in the line of
duty. Once again, 10 percent from the State of Texas. This number
includes two additional officers since I spoke on the House floor about
peace officers 5 days ago. Those individuals, Sergeant Dulan Earl
Murray, Jr. from the Nags Head Police Department in North Carolina, and
Deputy Sheriff Tom Wilson from Warren County Sheriff's Department in
Mississippi, died over the weekend while on duty.
In 1961, Congress created Peace Officers Memorial Day and designated
it to be commemorated each year on May 15. Correspondingly, each year,
the President issues a proclamation naming May 15 as National Peace
Officers Memorial Day.
I'm proud to sponsor this year's resolution to recognize Peace
Officer Memorial Day, which passed the House unanimously in February of
this year. Peace Officer Memorial Day takes place during National
Police Week, which was held in Washington, D.C. last week.
Many of the families, friends, and colleagues of these fallen
officers came to Washington last week to remember them as mothers and
fathers, brothers and sisters, sons and daughters, and friends of their
communities, guarding all of us.
They came together to celebrate in many ways. They participated in
candlelight vigils and torch runs, they broke bread and shared stories,
but more importantly, they honored and remembered the fallen. Today, we
do as well.
Those officers have no doubt returned to serve their communities
while quietly making all of our lives a little better.
We commemorate the 186 officers that died in 2008 and 2009, and all
law enforcement officers that have died in the line of duty while
representing every State, the District of Columbia, U.S. territories,
as well as Federal law enforcement and the military police.
Today, we thank them the best way that we can in the House of
Representatives. I urge people across the country to similarly thank
them for their service with a simple smile or a handshake or a thank
you.
I urge my colleagues to support this important resolution.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 2 minutes to the
gentleman who, prior to coming to Congress, was a law enforcement
professional himself, the gentleman from Michigan (Mr. Stupak).
Mr. STUPAK. I thank the gentleman for yielding. And I stand today in
support of House Resolution 426, a resolution offered by our friend,
Mr. McNerney from California. This resolution is to recognize Police
Week and all the law enforcement officers across the country that keep
us and our communities safe.
As a former city police officer and as a Michigan State police
trooper, law enforcement has always been a legislative priority for me.
When I was elected to Congress 17 years ago, I was surprised to learn
that there was no formal organization within Congress to advocate on
behalf of law enforcement. So I founded the Law Enforcement Caucus with
the help of then-Democratic caucus chairman Steny Hoyer.
Today, the Law Enforcement Caucus has 110 members and we hold regular
briefings throughout the year. I'm proud to be cochair of the caucus,
along with my friend Dave Reichert, the gentleman from the State of
Washington.
As you know, this is a time of great change for the law enforcement
community. During an economic downturn, there's an increase in crime
and in the drug trade. Many in Washington have paid a lot of attention
to the integral role that law enforcement plays in protecting our
country. But the Federal Government has to do more than talk about the
problem. We must also provide resources, training, and equipment to
ensure that it is there for local law enforcement.
We made a strong commitment to this goal by providing $3 billion in
the American Recovery and Reinvestment Act of 2009 for law enforcement
programs. This effort must continue as we consider fiscal year 2010
appropriation bills. After all, our law enforcement officers are on the
front lines every day, keeping us and our communities safe.
I urge my colleagues to not only support this resolution honoring
Police Week, but support law enforcement programs by fully funding the
Byrne Justice Assistance Grants, the Community Oriented Policing
Services grants, and many Federal programs that have gone underfunded
when the need is ever growing.
Mr. POE of Texas. I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the sponsor of this important resolution, the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. I rise in proud support of H. Res. 426. I thank the
gentleman from Texas for his words and support. We're basically here to
honor police officers and law enforcement professionals.
I introduced this resolution last Tuesday in recognition of National
Police Week. H. Res. 426 commends police officers and law enforcement
professionals for the hard and often dangerous work they perform to
keep us safe.
Almost 47 years ago, in October of 1962, President John F. Kennedy
signed a resolution designating May 15 as Peace Officers Memorial Day
and the week in which it occurs as Police Week. Since then, police
officers have held events during Police Week honoring their fallen
brethren and officers who worked tirelessly to keep us safe.
{time} 1345
May 15 just passed, but our law enforcement officials should be
celebrated daily.
So far this year more than 40 officers from around the country have
lost their lives in the line of duty. Four officers from California,
including Sergeants Mark Dunakin of Tracy and Ervin Romans of Danville,
both from my district, were killed earlier this year. My thoughts and
prayers are with the families and loved ones of these dedicated
officers.
In honor of their memory and in thanks for the hard work and selfless
dedication of our Nation's police officers and law enforcement
professionals, I urge my colleagues to support this resolution. These
brave men and women deserve our respect and gratitude. I further
encourage my colleagues to support our law enforcement professionals
not just during Police Week but every day of the year.
Mr. POE of Texas. Mr. Speaker, I want to thank the gentleman from
Virginia and the gentleman from California for proposing this
legislation. Also, we need to constantly remember that we here in the
United States Capitol are protected daily by the Capitol Police, two of
whom just a few years ago gave their lives protecting Members of
Congress.
I would also like to introduce into the Record the names of the 19
police officers from the State of Texas who have been killed in 2008
and 2009.
In 2008, 140 peace officers were killed. Of these fallen
officers, 14 were from Texas:
Deputy Constable David Joubert, Harris County Constable's
Office--Precinct 7, TX, EOW: Sunday, January 13, 2008.
Police Officer Matthew B. Thebeau, Corpus Christi Police
Department, TX, EOW: Sunday, January 20, 2008.
Corporal Harry Thielepape, Harris County Constable's
Office--Precinct 6, TX, EOW: Wednesday, February 20, 2008.
[[Page 12767]]
Senior Corporal Victor A. Lozada Sr., Dallas Police
Department, TX, EOW: Friday, February 22, 2008.
Trooper James Scott Burns, Texas Department of Public
Safety--Texas Highway Patrol, TX, EOW: Tuesday, April 29,
2008.
Police Officer Everett William Dennis, Carthage Police
Department, TX, EOW: Tuesday, June 3, 2008.
Sergeant Barbara Jean Shumate, Texas Department of Criminal
Justice, TX, EOW: Friday, June 13, 2008.
Police Officer Gary Gryder, Houston Police Department, TX,
EOW: Sunday, June 29, 2008.
Detective Tommy Keen, Harris County Sheriff's Department,
TX, EOW: Monday, September 15, 2008.
Game Warden George Harold Whatley Jr., Texas Parks and
Wildlife Department--Law Enforcement Division, TX, EOW:
Friday, October 10, 2008.
Sheriff Brent Lee, Trinity County Sheriff's Department, TX,
EOW: Thursday, November 27, 2008.
Police Officer Robert Davis, San Antonio Police Department,
TX, EOW: Monday, December 1, 2008.
Police Officer Timothy Abernethy, Houston Police
Department, TX, EOW: Sunday, December 7, 2008.
Police Officer Mark Simmons, Amarillo Police Department,
TX, EOW: Wednesday, December 17, 2008.
In 2009, 48 officers have died in the line of duty. 5 of
these officers were from Texas:
Senior Corporal Norman Smith, Dallas Police Department, TX,
EOW: Tuesday, January 6, 2009.
Detention Officer Cesar Arreola, El Paso County Sheriff's
Office, TX, EOW: Sunday, January 18, 2009.
Lieutenant Stuart J. Alexander, Corpus Christi Police
Department, TX, EOW: Wednesday, March 11, 2009.
Sergeant Randy White, Bridgeport Police Department, TX,
EOW: Thursday, April 2, 2009.
Deputy Sheriff D. Robert Harvey, Lubbock County Sheriff's
Department, TX, EOW: Sunday, April 26, 2009.
I yield back the balance of my time.
Mr. SCOTT of Virginia. I yield myself as much time as I may consume.
Mr. Speaker, I would like to thank the gentleman from Texas, the
gentleman from California and the gentleman from Michigan for their
strong support of this resolution. I urge my colleagues to support it.
Mr. COSTELLO. Mr. Speaker, I rise today in support of H. Res. 426, a
resolution that honors and celebrates National Peace Officers' Memorial
Service Observance Day on May 15, 2009 and National Police Week, May
11-15, 2009.
President John F. Kennedy first proclaimed May 15th as National Peace
Officers' Memorial Day. Every year on this day, we celebrate the lives
and honor the deaths of our fallen law enforcement officers. We also
recognize the important role that our peace officers play in the daily
lives of all citizens, and the responsibilities, hazards, and
sacrifices of their work.
As a former police officer, I salute those law enforcement officers
who died in the line of duty in 2008 and continue to honor those police
officers who gave their lives in past years. I join my colleagues on
the Congressional Law Enforcement Caucus in urging continued support
for programs, such as the Community Oriented Policing Services (COPS)
program, to hire additional police officers and help law enforcement
acquire the latest crime-fighting technologies.
Mr. Speaker, I ask my colleagues to join me in recognizing and paying
respect to our fallen heroes. In these difficult and changing times, we
honor their work to protect our communities and families and promote
safety and peace on our streets. I urge my colleagues to support this
resolution.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H. Res. 426, ``Honoring police officers and law enforcement
professionals during Police Week''. I would like to thank my colleague
Representative Jerry McNerney, as well as the co-sponsors, for
introducing this resolution.
I stand in support of this important resolution, because police
officers of every rank and from every walk of life are working every
day to keep communities across our nation safe. These hard working men
and women perform a variety of duties to pursue justice and maintain
public safety, and selflessly put their lives on the line to keep their
neighbors and countrymen safe.
These Americans are reminded of these threats all too often--in just
the last decade, hundreds of police officers were killed in the line of
duty, and in just the first four months of 2009 more than 40 officers
around the country have made the ultimate sacrifice. And as if that
weren't bad enough, police officers and law enforcement personnel have
been not been immune to the collapse of our economy, and have been
adversely affected by the current economic situation.
In my home city of Houston, nearly 70 officers of the law have been
killed in the line of duty, and 11 police officers have fallen in the
past decade alone.
The most recent tragedy came less than six months ago, when Police
Officer Timothy Scott Abernethy was shot and killed during a foot
pursuit of a suspect who fled following a traffic stop. Officer
Abernethy had lost sight of the man as he chased him around a building
in an apartment complex. After going around the corner the man hid
behind a gate and then shot the officer in the head as he ran by. Tim
was transported to Memorial Hermann Hospital where he succumbed to his
wounds a short time later. He is survived by his wife, son, daughter,
parents, and siblings.
Before him, there was Police Officer Gary Allen Gryder. He was struck
and killed by a drunk driver while directing traffic at a construction
site on the Katy Freeway. The drunk driver drove through a barricade
and struck Officer Gryder and another officer without braking. The
vehicle continued until striking a brick wall. Gryder is survived by
his wife, son, step-daughter, two grandchildren, parents, and two
sisters.
And before either of them, there was Officer Rodney Joseph Johnson.
Officer Johnson had stopped a large white pickup truck occupied by a
man and woman on Randolph at Braniff, just south of Hobby Airport, at
about 5:30 p.m. He placed the male driver--who, it would turn out, was
in the country illegally--under arrest after he was unable to produce a
drivers license. After handcuffing the male, he placed him in the
backseat of the patrol car and then returned to the driver's seat. The
subject in the backseat was able to move his hands to his front,
retrieve a concealed handgun, and then shot Officer Johnson in the back
of the head four times.
Despite being fatally wounded, Officer Johnson was able to push an
emergency button, alerting dispatch to the incident. When other
officers arrived, the male was still handcuffed and sitting in the
patrol car, and the weapon was recovered. Officer Johnson was taken to
Ben Taub Hospital, where he was pronounced dead.
For these reasons, and more, our country has found respect for these
brave men and women throughout its history. In 1962, President John F.
Kennedy signed a proclamation declaring May 15 as Peace Officers
Memorial Day to honor law enforcement officers killed in the line of
duty, and to designate the calendar week in which May 15 occurs as
Police Week.
And it is this tradition that we continue today, as this body, the
House of Representatives, honors police officers for their efforts to
create safer and more secure communities, and who risk their lives
daily to protect Americans.
I wholeheartedly agree with my colleagues that Police Week provides
an opportunity to honor police officers and law enforcement personnel
for their selfless acts of bravery, and that police officers and law
enforcement personnel who have made the ultimate sacrifice should be
remembered and honored.
So let there be no doubt that the House of Representatives expresses
its strong support for the Nation's police officers and law enforcement
personnel.
Mr. SCOTT of Virginia. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and agree to the resolution, H. Res. 426.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
HELPING FAMILIES SAVE THEIR HOMES ACT OF 2009
Mr. FRANK of Massachusetts. Mr. Speaker, I move to suspend the rules
and pass the Senate bill (S. 896) to prevent mortgage foreclosures and
enhance mortgage credit availability, as amended.
The Clerk read the title of the Senate bill.
The text of the Senate bill, as amended, is as follows:
S. 896
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DIVISION A--PREVENTING MORTGAGE FORECLOSURES
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Helping Families Save Their Homes Act of 2009''.
[[Page 12768]]
(b) Table of Contents.--The table of contents of this
division is the following:
Sec. 1. Short title; table of contents.
TITLE I--PREVENTION OF MORTGAGE FORECLOSURES
Sec. 101. Guaranteed rural housing loans.
Sec. 102. Modification of housing loans guaranteed by the Department of
Veterans Affairs.
Sec. 103. Additional funding for HUD programs to assist individuals to
better withstand the current mortgage crisis.
Sec. 104. Mortgage modification data collecting and reporting.
Sec. 105. Neighborhood Stabilization Program Refinements.
TITLE II--FORECLOSURE MITIGATION AND CREDIT AVAILABILITY
Sec. 201. Servicer safe harbor for mortgage loan modifications.
Sec. 202. Changes to HOPE for Homeowners Program.
Sec. 203. Requirements for FHA-approved mortgagees.
Sec. 204. Enhancement of liquidity and stability of insured depository
institutions to ensure availability of credit and
reduction of foreclosures.
Sec. 205. Application of GSE conforming loan limit to mortgages
assisted with TARP funds.
Sec. 206. Mortgages on certain homes on leased land.
Sec. 207. Sense of Congress regarding mortgage revenue bond purchases.
TITLE III--MORTGAGE FRAUD TASK FORCE
Sec. 301. Sense of the Congress on establishment of a Nationwide
Mortgage Fraud Task Force.
TITLE IV--FORECLOSURE MORATORIUM PROVISIONS
Sec. 401. Sense of the Congress on foreclosures.
Sec. 402. Public-Private Investment Program; Additional Appropriations
for the Special Inspector General for the Troubled Asset
Relief Program.
Sec. 403. Removal of requirement to liquidate warrants under the TARP.
Sec. 404. Notification of sale or transfer of mortgage loans.
TITLE V--FARM LOAN RESTRUCTURING
Sec. 501. Congressional Oversight Panel special report.
TITLE VI--ENHANCED OVERSIGHT OF THE TROUBLED ASSET RELIEF PROGRAM
Sec. 601. Enhanced oversight of the Troubled Asset Relief Program.
TITLE VII--PROTECTING TENANTS AT FORECLOSURE ACT
Sec. 701. Short title.
Sec. 702. Effect of foreclosure on preexisting tenancy.
Sec. 703. Effect of foreclosure on section 8 tenancies.
Sec. 704. Sunset.
TITLE VIII--COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES
Sec. 801. Comptroller General additional audit authorities.
TITLE I--PREVENTION OF MORTGAGE FORECLOSURES
SEC. 101. GUARANTEED RURAL HOUSING LOANS.
(a) Guaranteed Rural Housing Loans.--Section 502(h) of the
Housing Act of 1949 (42 U.S.C. 1472(h)) is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(16) and (17), respectively; and
(2) by inserting after paragraph (12) the following new
paragraphs:
``(13) Loss mitigation.--Upon default or imminent default
of any mortgage guaranteed under this subsection, mortgagees
shall engage in loss mitigation actions for the purpose of
providing an alternative to foreclosure (including actions
such as special forbearance, loan modification, pre-
foreclosure sale, deed in lieu of foreclosure, as required,
support for borrower housing counseling, subordinate lien
resolution, and borrower relocation), as provided for by the
Secretary.
``(14) Payment of partial claims and mortgage
modifications.--The Secretary may authorize the modification
of mortgages, and establish a program for payment of a
partial claim to a mortgagee that agrees to apply the claim
amount to payment of a mortgage on a 1- to 4-family
residence, for mortgages that are in default or face imminent
default, as defined by the Secretary. Any payment under such
program directed to the mortgagee shall be made at the sole
discretion of the Secretary and on terms and conditions
acceptable to the Secretary, except that--
``(A) the amount of the partial claim payment shall be in
an amount determined by the Secretary, and shall not exceed
an amount equivalent to 30 percent of the unpaid principal
balance of the mortgage and any costs that are approved by
the Secretary;
``(B) the amount of the partial claim payment shall be
applied first to any outstanding indebtedness on the
mortgage, including any arrearage, but may also include
principal reduction;
``(C) the mortgagor shall agree to repay the amount of the
partial claim to the Secretary upon terms and conditions
acceptable to the Secretary;
``(D) expenses related to a partial claim or modification
are not to be charged to the borrower;
``(E) the Secretary may authorize compensation to the
mortgagee for lost income on monthly mortgage payments due to
interest rate reduction;
``(F) the Secretary may reimburse the mortgagee from the
appropriate guaranty fund in connection with any activities
that the mortgagee is required to undertake concerning
repayment by the mortgagor of the amount owed to the
Secretary;
``(G) the Secretary may authorize payments to the mortgagee
on behalf of the borrower, under such terms and conditions as
are defined by the Secretary, based on successful performance
under the terms of the mortgage modification, which shall be
used to reduce the principal obligation under the modified
mortgage; and
``(H) the Secretary may authorize the modification of
mortgages with terms extended up to 40 years from the date of
modification.
``(15) Assignment.--
``(A) Program authority.--The Secretary may establish a
program for assignment to the Secretary, upon request of the
mortgagee, of a mortgage on a 1- to 4-family residence
guaranteed under this chapter.
``(B) Program requirements.--
``(i) In general.--The Secretary may encourage loan
modifications for eligible delinquent mortgages or mortgages
facing imminent default, as defined by the Secretary, through
the payment of the guaranty and assignment of the mortgage to
the Secretary and the subsequent modification of the terms of
the mortgage according to a loan modification approved under
this section.
``(ii) Acceptance of assignment.--The Secretary may accept
assignment of a mortgage under a program under this
subsection only if--
``(I) the mortgage is in default or facing imminent
default;
``(II) the mortgagee has modified the mortgage or qualified
the mortgage for modification sufficient to cure the default
and provide for mortgage payments the mortgagor is reasonably
able to pay, at interest rates not exceeding current market
interest rates; and
``(III) the Secretary arranges for servicing of the
assigned mortgage by a mortgagee (which may include the
assigning mortgagee) through procedures that the Secretary
has determined to be in the best interests of the appropriate
guaranty fund.
``(C) Payment of guaranty.--Under the program under this
paragraph, the Secretary may pay the guaranty for a mortgage,
in the amount determined in accordance with paragraph (2),
without reduction for any amounts modified, but only upon the
assignment, transfer, and delivery to the Secretary of all
rights, interest, claims, evidence, and records with respect
to the mortgage, as defined by the Secretary.
``(D) Disposition.--After modification of a mortgage
pursuant to this paragraph, and assignment of the mortgage,
the Secretary may provide guarantees under this subsection
for the mortgage. The Secretary may subsequently--
``(i) re-assign the mortgage to the mortgagee under terms
and conditions as are agreed to by the mortgagee and the
Secretary;
``(ii) act as a Government National Mortgage Association
issuer, or contract with an entity for such purpose, in order
to pool the mortgage into a Government National Mortgage
Association security; or
``(iii) re-sell the mortgage in accordance with any program
that has been established for purchase by the Federal
Government of mortgages insured under this title, and the
Secretary may coordinate standards for interest rate
reductions available for loan modification with interest
rates established for such purchase.
``(E) Loan servicing.--In carrying out the program under
this subsection, the Secretary may require the existing
servicer of a mortgage assigned to the Secretary under the
program to continue servicing the mortgage as an agent of the
Secretary during the period that the Secretary acquires and
holds the mortgage for the purpose of modifying the terms of
the mortgage. If the mortgage is resold pursuant to
subparagraph (D)(iii), the Secretary may provide for the
existing servicer to continue to service the mortgage or may
engage another entity to service the mortgage.''.
(b) Technical Amendments.--Subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended--
(1) in paragraph (5)(A), by striking ``(as defined in
paragraph (13)'' and inserting ``(as defined in paragraph
(17)''; and
(2) in paragraph (18)(E)(as so redesignated by subsection
(a)(2)), by--
(A) striking ``paragraphs (3), (6), (7)(A), (8), and (10)''
and inserting ``paragraphs (3), (6), (7)(A), (8), (10), (13),
and (14)''; and
(B) striking ``paragraphs (2) through (13)'' and inserting
``paragraphs (2) through (15)''.
(c) Procedure.--
[[Page 12769]]
(1) In general.--The promulgation of regulations
necessitated and the administration actions required by the
amendments made by this section shall be made without regard
to--
(A) the notice and comment provisions of section 553 of
title 5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(2) Congressional review of agency rulemaking.--In carrying
out this section, and the amendments made by this section,
the Secretary shall use the authority provided under section
808 of title 5, United States Code.
SEC. 102. MODIFICATION OF HOUSING LOANS GUARANTEED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Maturity of Housing Loans.--Section 3703(d)(1) of title
38, United States Code, is amended by inserting ``at the time
of origination'' after ``loan''.
(b) Implementation.--The Secretary of Veterans Affairs may
implement the amendments made by this section through notice,
procedure notice, or administrative notice.
SEC. 103. ADDITIONAL FUNDING FOR HUD PROGRAMS TO ASSIST
INDIVIDUALS TO BETTER WITHSTAND THE CURRENT
MORTGAGE CRISIS.
(a) Additional Appropriations for Advertising To Increase
Public Awareness of Mortgage Scams and Counseling
Assistance.--In addition to any amounts that may be
appropriated for each of the fiscal years 2010 and 2011 for
such purpose, there is authorized to be appropriated to the
Secretary of Housing and Urban Development, to remain
available until expended, $10,000,000 for each of the fiscal
years 2010 and 2011 for purposes of providing additional
resources to be used for advertising to raise awareness of
mortgage fraud and to support HUD programs and approved
counseling agencies, provided that such amounts are used to
advertise in the 100 metropolitan statistical areas with the
highest rate of home foreclosures, and provided, further that
up to $5,000,000 of such amounts are used for advertisements
designed to reach and inform broad segments of the community.
(b) Additional Appropriations for the Housing Counseling
Assistance Program.--In addition to any amounts that may be
appropriated for each of the fiscal years 2010 and 2011 for
such purpose, there is authorized to be appropriated to the
Secretary of Housing and Urban Development, to remain
available until expended, $50,000,000 for each of the fiscal
years 2010 and 2011 to carry out the Housing Counseling
Assistance Program established within the Department of
Housing and Urban Development, provided that such amounts are
used to fund HUD-certified housing-counseling agencies
located in the 100 metropolitan statistical areas with the
highest rate of home foreclosures for the purpose of
assisting homeowners with inquiries regarding mortgage-
modification assistance and mortgage scams.
(c) Additional Appropriations for Personnel at the Office
of Fair Housing and Equal Opportunity.--In addition to any
amounts that may be appropriated for each of the fiscal years
2010 and 2011 for such purpose, there is authorized to be
appropriated to the Secretary of Housing and Urban
Development, to remain available until expended, $5,000,000
for each of the fiscal years 2010 and 2011 for purposes of
hiring additional personnel at the Office of Fair Housing and
Equal Opportunity within the Department of Housing and Urban
Development, provided that such amounts are used to hire
personnel at the local branches of such Office located in the
100 metropolitan statistical areas with the highest rate of
home foreclosures.
SEC. 104. MORTGAGE MODIFICATION DATA COLLECTING AND
REPORTING.
(a) Reporting Requirements.--Not later than 120 days after
the date of the enactment of this Act, and quarterly
thereafter, the Comptroller of the Currency and the Director
of the Office of Thrift Supervision, shall jointly submit a
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Financial Services of
the House of Representatives on the volume of mortgage
modifications reported to the Office of the Comptroller of
the Currency and the Office of Thrift Supervision, under the
mortgage metrics program of each such Office, during the
previous quarter, including the following:
(1) A copy of the data collection instrument currently used
by the Office of the Comptroller of the Currency and the
Office of Thrift Supervision to collect data on loan
modifications.
(2) The total number of mortgage modifications resulting in
each of the following:
(A) Additions of delinquent payments and fees to loan
balances.
(B) Interest rate reductions and freezes.
(C) Term extensions.
(D) Reductions of principal.
(E) Deferrals of principal.
(F) Combinations of modifications described in subparagraph
(A), (B), (C), (D), or (E).
(3) The total number of mortgage modifications in which the
total monthly principal and interest payment resulted in the
following:
(A) An increase.
(B) Remained the same.
(C) Decreased less than 10 percent.
(D) Decreased between 10 percent and 20 percent.
(E) Decreased 20 percent or more.
(4) The total number of loans that have been modified and
then entered into default, where the loan modification
resulted in--
(A) higher monthly payments by the homeowner;
(B) equivalent monthly payments by the homeowner;
(C) lower monthly payments by the homeowner of up to 10
percent;
(D) lower monthly payments by the homeowner of between 10
percent to 20 percent; or
(E) lower monthly payments by the homeowner of more than 20
percent.
(b) Data Collection.--
(1) Required.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Comptroller of the Currency
and the Director of the Office of Thrift Supervision, shall
issue mortgage modification data collection and reporting
requirements to institutions covered under the reporting
requirement of the mortgage metrics program of the
Comptroller or the Director.
(B) Inclusiveness of collections.--The requirements under
subparagraph (A) shall provide for the collection of all
mortgage modification data needed by the Comptroller of the
Currency and the Director of the Office of Thrift Supervision
to fulfill the reporting requirements under subsection (a).
(2) Report.--The Comptroller of the Currency shall report
all requirements established under paragraph (1) to each
committee receiving the report required under subsection (a).
SEC. 105. NEIGHBORHOOD STABILIZATION PROGRAM REFINEMENTS.
(a) In General.--Section 2301(c) of the Foreclosure
Prevention Act of 2008 (42 U.S.C. 5301 note) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
``(3) Exception for certain states.--Each State that has
received the minimum allocation of amounts pursuant to the
requirement under section 2302 may, to the extent such State
has fulfilled the requirements of paragraph (2), distribute
any remaining amounts to areas with homeowners at risk of
foreclosure or in foreclosure without regard to the
percentage of home foreclosures in such areas.''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect as if enacted on the date of
enactment of the Foreclosure Prevention Act of 2008 (Public
Law 110-289).
TITLE II--FORECLOSURE MITIGATION AND CREDIT AVAILABILITY
SEC. 201. SERVICER SAFE HARBOR FOR MORTGAGE LOAN
MODIFICATIONS.
(a) Congressional Findings.--Congress finds the following:
(1) Increasing numbers of mortgage foreclosures are not
only depriving many Americans of their homes, but are also
destabilizing property values and negatively affecting State
and local economies as well as the national economy.
(2) In order to reduce the number of foreclosures and to
stabilize property values, local economies, and the national
economy, servicers must be given--
(A) authorization to--
(i) modify mortgage loans and engage in other loss
mitigation activities consistent with applicable guidelines
issued by the Secretary of the Treasury or his designee under
the Emergency Economic Stabilization Act of 2008; and
(ii) refinance mortgage loans under the Hope for Homeowners
program; and
(B) a safe harbor to enable such servicers to exercise
these authorities.
(b) Safe Harbor.--Section 129A of the Truth in Lending Act
(15 U.S.C. 1639a) is amended to read as follows:
``SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL MORTGAGES.
``(a) In General.--Notwithstanding any other provision of
law, whenever a servicer of residential mortgages agrees to
enter into a qualified loss mitigation plan with respect to 1
or more residential mortgages originated before the date of
enactment of the Helping Families Save Their Homes Act of
2009, including mortgages held in a securitization or other
investment vehicle--
``(1) to the extent that the servicer owes a duty to
investors or other parties to maximize the net present value
of such mortgages, the duty shall be construed to apply to
all such investors and parties, and not to any individual
party or group of parties; and
``(2) the servicer shall be deemed to have satisfied the
duty set forth in paragraph (1) if, before December 31, 2012,
the servicer implements a qualified loss mitigation plan that
meets the following criteria:
``(A) Default on the payment of such mortgage has occurred,
is imminent, or is reasonably foreseeable, as such terms are
defined by guidelines issued by the Secretary of the Treasury
or his designee under the Emergency Economic Stabilization
Act of 2008.
[[Page 12770]]
``(B) The mortgagor occupies the property securing the
mortgage as his or her principal residence.
``(C) The servicer reasonably determined, consistent with
the guidelines issued by the Secretary of the Treasury or his
designee, that the application of such qualified loss
mitigation plan to a mortgage or class of mortgages will
likely provide an anticipated recovery on the outstanding
principal mortgage debt that will exceed the anticipated
recovery through foreclosures.
``(b) No Liability.--A servicer that is deemed to be acting
in the best interests of all investors or other parties under
this section shall not be liable to any party who is owed a
duty under subsection (a)(1), and shall not be subject to any
injunction, stay, or other equitable relief to such party,
based solely upon the implementation by the servicer of a
qualified loss mitigation plan.
``(c) Standard Industry Practice.--The qualified loss
mitigation plan guidelines issued by the Secretary of the
Treasury under the Emergency Economic Stabilization Act of
2008 shall constitute standard industry practice for purposes
of all Federal and State laws.
``(d) Scope of Safe Harbor.--Any person, including a
trustee, issuer, and loan originator, shall not be liable for
monetary damages or be subject to an injunction, stay, or
other equitable relief, based solely upon the cooperation of
such person with a servicer when such cooperation is
necessary for the servicer to implement a qualified loss
mitigation plan that meets the requirements of subsection
(a).
``(e) Reporting.--Each servicer that engages in qualified
loss mitigation plans under this section shall regularly
report to the Secretary of the Treasury the extent, scope,
and results of the servicer's modification activities. The
Secretary of the Treasury shall prescribe regulations or
guidance specifying the form, content, and timing of such
reports.
``(f) Definitions.--As used in this section--
``(1) the term `qualified loss mitigation plan' means--
``(A) a residential loan modification, workout, or other
loss mitigation plan, including to the extent that the
Secretary of the Treasury determines appropriate, a loan
sale, real property disposition, trial modification, pre-
foreclosure sale, and deed in lieu of foreclosure, that is
described or authorized in guidelines issued by the Secretary
of the Treasury or his designee under the Emergency Economic
Stabilization Act of 2008; and
``(B) a refinancing of a mortgage under the Hope for
Homeowners program;
``(2) the term `servicer' means the person responsible for
the servicing for others of residential mortgage
loans(including of a pool of residential mortgage loans); and
``(3) the term `securitization vehicle' means a trust,
special purpose entity, or other legal structure that is used
to facilitate the issuing of securities, participation
certificates, or similar instruments backed by or referring
to a pool of assets that includes residential mortgages (or
instruments that are related to residential mortgages such as
credit-linked notes).
``(g) Rule of Construction.--No provision of subsection (b)
or (d) shall be construed as affecting the liability of any
servicer or person as described in subsection (d) for actual
fraud in the origination or servicing of a loan or in the
implementation of a qualified loss mitigation plan, or for
the violation of a State or Federal law, including laws
regulating the origination of mortgage loans, commonly
referred to as predatory lending laws.''.
SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS PROGRAM.
(a) Program Changes.--Section 257 of the National Housing
Act (12 U.S.C. 1715z-23) is amended--
(1) in subsection (c)--
(A) in the heading for paragraph (1), by striking ``the
board'' and inserting ``secretary'';
(B) in paragraph (1), by striking ``Board'' inserting
``Secretary, after consultation with the Board,'';
(C) in paragraph (1)(A), by inserting ``consistent with
section 203(b) to the maximum extent possible'' before the
semicolon; and
(D) by adding after paragraph (2) the following:
``(3) Duties of board.--The Board shall advise the
Secretary regarding the establishment and implementation of
the HOPE for Homeowners Program.'';
(2) by striking ``Board'' each place such term appears in
subsections (e), (h)(1), (h)(3), (j), (l), (n), (s)(3), and
(v) and inserting ``Secretary'';
(3) in subsection (e)--
(A) by striking paragraph (1) and inserting the following:
``(1) Borrower certification.--
``(A) No intentional default or false information.--The
mortgagor shall provide a certification to the Secretary that
the mortgagor has not intentionally defaulted on the existing
mortgage or mortgages or any other substantial debt within
the last 5 years and has not knowingly, or willfully and with
actual knowledge, furnished material information known to be
false for the purpose of obtaining the eligible mortgage to
be insured and has not been convicted under Federal or State
law for fraud during the 10-year period ending upon the
insurance of the mortgage under this section.
``(B) Liability for repayment.--The mortgagor shall agree
in writing that the mortgagor shall be liable to repay to the
Secretary any direct financial benefit achieved from the
reduction of indebtedness on the existing mortgage or
mortgages on the residence refinanced under this section
derived from misrepresentations made by the mortgagor in the
certifications and documentation required under this
paragraph, subject to the discretion of the Secretary.
``(C) Current borrower debt-to-income ratio.--As of the
date of application for a commitment to insure or insurance
under this section, the mortgagor shall have had, or
thereafter is likely to have, due to the terms of the
mortgage being reset, a ratio of mortgage debt to income,
taking into consideration all existing mortgages of that
mortgagor at such time, greater than 31 percent (or such
higher amount as the Secretary determines appropriate).'';
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``, subject to
standards established by the Board under subparagraph (B),'';
and
(ii) in subparagraph (B)(i), by striking ``shall'' and
inserting ``may''; and
(C) in paragraph (7), by striking ``; and provided that''
and all that follows through ``new second lien'';
(D) in paragraph (9)--
(i) by striking ``by procuring (A) an income tax return
transcript of the income tax return of the mortgagor, or
(B)'' and inserting ``in accordance with procedures and
standards that the Secretary shall establish (provided that
such procedures and standards are consistent with section
203(b) to the maximum extent possible) which may include
requiring the mortgagee to procure''; and
(ii) by striking ``and by any other method, in accordance
with procedures and standards that the Board shall
establish'';
(E) in paragraph (10)--
(i) by striking ``The mortgagor shall not'' and inserting
the following:
``(A) Prohibition.--The mortgagor shall not''; and
(ii) by adding at the end the following:
``(B) Duty of mortgagee.--The duty of the mortgagee to
ensure that the mortgagor is in compliance with the
prohibition under subparagraph (A) shall be satisfied if the
mortgagee makes a good faith effort to determine that the
mortgagor has not been convicted under Federal or State law
for fraud during the period described in subparagraph (A).'';
(F) in paragraph (11), by inserting before the period at
the end the following: ``, except that the Secretary may
provide exceptions to such latter requirement (relating to
present ownership interest) for any mortgagor who has
inherited a property''; and
(G) by adding at the end:
``(12) Ban on millionaires.--The mortgagor shall not have a
net worth, as of the date the mortgagor first applies for a
mortgage to be insured under the Program under this section,
that exceeds $1,000,000.'';
(4) in subsection (h)(2), by striking ``The Board shall
prohibit the Secretary from paying'' and inserting ``The
Secretary shall not pay''; and
(5) in subsection (i)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(B) in the matter preceding subparagraph (A), as
redesignated by this paragraph, by striking ``For each'' and
inserting the following:
``(1) Premiums.--For each'';
(C) in subparagraph (A), as redesignated by this paragraph,
by striking ``equal to 3 percent'' and inserting ``not more
than 3 percent''; and
(D) in subparagraph (B), as redesignated by this paragraph,
by striking ``equal to 1.5 percent'' and inserting ``not more
than 1.5 percent'';
(E) by adding at the end the following:
``(2) Considerations.--In setting the premium under this
subsection, the Secretary shall consider--
``(A) the financial integrity of the HOPE for Homeowners
Program; and
``(B) the purposes of the HOPE for Homeowners Program
described in subsection (b).'';
(6) in subsection (k)--
(A) by striking the subsection heading and inserting ``Exit
Fee'';
(B) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``such sale or refinancing'' and inserting
``the mortgage being insured under this section''; and
(C) in paragraph (2), by striking ``and the mortgagor'' and
all that follows through the end and inserting ``may, upon
any sale or disposition of the property to which the mortgage
relates, be entitled to up to 50 percent of appreciation, up
to the appraised value of the home at the time when the
mortgage being refinanced under this section was originally
made. The Secretary may share any amounts received under this
paragraph with ``or assign the rights of any amounts due to
the Secretary to'' the holder
[[Page 12771]]
of the existing senior mortgage on the eligible mortgage, the
holder of any existing subordinate mortgage on the eligible
mortgage, or both.'';
(7) in the heading for subsection (n), by striking ``the
Board'' and inserting ``Secretary'';
(8) in subsection (p), by striking ``Under the direction of
the Board, the'' and inserting ``The'';
(9) in subsection (s)--
(A) in the first sentence of paragraph (2), by striking
``Board of Directors of'' and inserting ``Advisory Board
for''; and
(B) in paragraph (3)(A)(ii), by striking ``subsection
(e)(1)(B) and such other'' and inserting ``such'';
(10) in subsection (v), by inserting after the period at
the end the following: ``The Secretary shall conform
documents, forms, and procedures for mortgages insured under
this section to those in place for mortgages insured under
section 203(b) to the maximum extent possible consistent with
the requirements of this section.''; and
(11) by adding at the end the following new subsections:
``(x) Payments to Servicers and Originators.--The Secretary
may establish a payment to the--
``(1) servicer of the existing senior mortgage ``or
existing subordinate mortgage'' for every loan insured under
the HOPE for Homeowners Program; and
``(2) originator of each new loan insured under the HOPE
for Homeowners Program.
``(y) Auctions.--The Secretary, with the concurrence of the
Board, shall, if feasible, establish a structure and organize
procedures for an auction to refinance eligible mortgages on
a wholesale or bulk basis.''.
(b) Reducing TARP Funds To Offset Costs of Program
Changes.--Paragraph (3) of section 115(a) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5225) is
amended by inserting ``, as such amount is reduced by
$1,244,000,000,'' after ``$700,000,000,000''.
(c) Technical Correction.--The second section 257 of the
National Housing Act (Public Law 110-289; 122 Stat. 2839; 12
U.S.C. 1715z-24) is amended by striking the section heading
and inserting the following:
``SEC. 258. PILOT PROGRAM FOR AUTOMATED PROCESS FOR BORROWERS
WITHOUT SUFFICIENT CREDIT HISTORY.''.
SEC. 203. REQUIREMENTS FOR FHA-APPROVED MORTGAGEES.
(a) Mortgagee Review Board.--
(1) In general.--Section 202(c)(2) of the National Housing
Act (12 U.S.C. 1708(c)) is amended--
(A) in subparagraph (E), by inserting ``and'' after the
semicolon;
(B) in subparagraph (F), by striking ``; and'' and
inserting ``or their designees.''; and
(C) by striking subparagraph (G).
(2) Prohibition against limitations on mortgagee review
board's power to take action against mortgagees.--Section
202(c) of the National Housing Act (12 U.S.C. 1708(c)) is
amended by adding at the end the following new paragraph:
``(9) Prohibition against limitations on mortgagee review
board's power to take action against mortgagees.--No State or
local law, and no Federal law (except a Federal law enacted
expressly in limitation of this subsection after the
effective date of this sentence), shall preclude or limit the
exercise by the Board of its power to take any action
authorized under paragraphs (3) and (6) of this subsection
against any mortgagee.''.
(b) Limitations on Participation and Mortgagee Approval and
Use of Name.--Section 202 of the National Housing Act (12
U.S.C. 1708) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following new
subsection:
``(d) Limitations on Participation in Origination and
Mortgagee Approval.--
``(1) Requirement.--Any person or entity that is not
approved by the Secretary to serve as a mortgagee, as such
term is defined in subsection (c)(7), shall not participate
in the origination of an FHA-insured loan except as
authorized by the Secretary.
``(2) Eligibility for approval.--In order to be eligible
for approval by the Secretary, an applicant mortgagee shall
not be, and shall not have any officer, partner, director,
principal, manager, supervisor, loan processor, loan
underwriter, or loan originator of the applicant mortgagee
who is--
``(A) currently suspended, debarred, under a limited denial
of participation (LDP), or otherwise restricted under part 25
of title 24 of the Code of Federal Regulations, 2 Code of
Federal Regulations, part 180 as implemented by part 2424, or
any successor regulations to such parts, or under similar
provisions of any other Federal agency;
``(B) under indictment for, or has been convicted of, an
offense that reflects adversely upon the applicant's
integrity, competence or fitness to meet the responsibilities
of an approved mortgagee;
``(C) subject to unresolved findings contained in a
Department of Housing and Urban Development or other
governmental audit, investigation, or review;
``(D) engaged in business practices that do not conform to
generally accepted practices of prudent mortgagees or that
demonstrate irresponsibility;
``(E) convicted of, or who has pled guilty or nolo
contendre to, a felony related to participation in the real
estate or mortgage loan industry--
``(i) during the 7-year period preceding the date of the
application for licensing and registration; or
``(ii) at any time preceding such date of application, if
such felony involved an act of fraud, dishonesty, or a breach
of trust, or money laundering;
``(F) in violation of provisions of the S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any
applicable provision of State law; or
``(G) in violation of any other requirement as established
by the Secretary.
``(3) Rulemaking and implementation.--The Secretary shall
conduct a rulemaking to carry out this subsection. The
Secretary shall implement this subsection not later than the
expiration of the 60-day period beginning upon the date of
the enactment of this subsection by notice, mortgagee letter,
or interim final regulations, which shall take effect upon
issuance.''; and
(3) by adding at the end the following new subsection:
``(h) Use of Name.--The Secretary shall, by regulation,
require each mortgagee approved by the Secretary for
participation in the FHA mortgage insurance programs of the
Secretary--
``(1) to use the business name of the mortgagee that is
registered with the Secretary in connection with such
approval in all advertisements and promotional materials, as
such terms are defined by the Secretary, relating to the
business of such mortgagee in such mortgage insurance
programs; and
``(2) to maintain copies of all such advertisements and
promotional materials, in such form and for such period as
the Secretary requires.''.
(c) Payment for Loss Mitigation.--Section 204(a)(2) of the
National Housing Act (12 U.S.C. 1710(a)(2)) is amended--
(1) by inserting ``or faces imminent default, as defined by
the Secretary'' after ``default'';
(2) by inserting ``support for borrower housing counseling,
partial claims, borrower incentives, preforeclosure sale,''
after ``loan modification,''; and
(3) by striking ``204(a)(1)(A)'' and inserting ``subsection
(a)(1)(A) or section 230(c)''.
(d) Payment of FHA Mortgage Insurance Benefits.--
(1) Additional loss mitigation actions.--Section 230(a) of
the National Housing Act (12 U.S.C. 1715u(a)) is amended--
(A) by inserting ``or imminent default, as defined by the
Secretary'' after ``default'';
(B) by striking ``loss'' and inserting ``loan'';
(C) by inserting ``preforeclosure sale, support for
borrower housing counseling, subordinate lien resolution,
borrower incentives,'' after ``loan modification,'';
(D) by inserting ``as required,'' after ``deeds in lieu of
foreclosure,''; and
(E) by inserting ``or section 230(c),'' before ``as
provided''.
(2) Amendment to partial claim authority.--Section 230(b)
of the National Housing Act (12 U.S.C. 1715u(b)) is amended
to read as follows:
``(b) Payment of Partial Claim.--
``(1) Establishment of program.--The Secretary may
establish a program for payment of a partial claim to a
mortgagee that agrees to apply the claim amount to payment of
a mortgage on a 1- to 4-family residence that is in default
or faces imminent default, as defined by the Secretary.
``(2) Payments and exceptions.--Any payment of a partial
claim under the program established in paragraph (1) to a
mortgagee shall be made in the sole discretion of the
Secretary and on terms and conditions acceptable to the
Secretary, except that--
``(A) the amount of the payment shall be in an amount
determined by the Secretary, not to exceed an amount
equivalent to 30 percent of the unpaid principal balance of
the mortgage and any costs that are approved by the
Secretary;
``(B) the amount of the partial claim payment shall first
be applied to any arrearage on the mortgage, and may also be
applied to achieve principal reduction;
``(C) the mortgagor shall agree to repay the amount of the
insurance claim to the Secretary upon terms and conditions
acceptable to the Secretary;
``(D) the Secretary may permit compensation to the
mortgagee for lost income on monthly payments, due to a
reduction in the interest rate charged on the mortgage;
``(E) expenses related to the partial claim or modification
may not be charged to the borrower;
``(F) loans may be modified to extend the term of the
mortgage to a maximum of 40 years from the date of the
modification; and
``(G) the Secretary may permit incentive payments to the
mortgagee, on the borrower's behalf, based on successful
performance of a modified mortgage, which shall be used to
reduce the amount of principal indebtedness.
``(3) Payments in connection with certain activities.--The
Secretary may pay the mortgagee, from the appropriate
insurance fund, in connection with any activities that
[[Page 12772]]
the mortgagee is required to undertake concerning repayment
by the mortgagor of the amount owed to the Secretary.''.
(3) Assignment.--Section 230(c) of the National Housing Act
(12 U.S.C. 1715u(c)) is amended--
(A) by inserting ``(1)'' after ``(c)'';
(B) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(C) in paragraph (1)(B) (as so redesignated)--
(i) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(ii) in the matter preceding clause (i) (as so
redesignated), by striking ``under a program under this
subsection'' and inserting ``under this paragraph''; and
(iii) in clause (i) (as so redesignated), by inserting ``or
facing imminent default, as defined by the Secretary'' after
``default'';
(D) in paragraph (1)(C) (as so redesignated), by striking
``under a program under this subsection'' and inserting
``under this paragraph''; and
(E) by adding at the end the following:
``(2) Assignment and loan modification.--
``(A) Authority.--The Secretary may encourage loan
modifications for eligible delinquent mortgages or mortgages
facing imminent default, as defined by the Secretary, through
the payment of insurance benefits and assignment of the
mortgage to the Secretary and the subsequent modification of
the terms of the mortgage according to a loan modification
approved by the mortgagee.
``(B) Payment of benefits and assignment.--In carrying out
this paragraph, the Secretary may pay insurance benefits for
a mortgage, in the amount determined in accordance with
section 204(a)(5), without reduction for any amounts
modified, but only upon the assignment, transfer, and
delivery to the Secretary of all rights, interest, claims,
evidence, and records with respect to the mortgage specified
in clauses (i) through (iv) of section 204(a)(1)(A).
``(C) Disposition.--After modification of a mortgage
pursuant to this paragraph, the Secretary may provide
insurance under this title for the mortgage. The Secretary
may subsequently--
``(i) re-assign the mortgage to the mortgagee under terms
and conditions as are agreed to by the mortgagee and the
Secretary;
``(ii) act as a Government National Mortgage Association
issuer, or contract with an entity for such purpose, in order
to pool the mortgage into a Government National Mortgage
Association security; or
``(iii) re-sell the mortgage in accordance with any program
that has been established for purchase by the Federal
Government of mortgages insured under this title, and the
Secretary may coordinate standards for interest rate
reductions available for loan modification with interest
rates established for such purchase.
``(D) Loan servicing.--In carrying out this paragraph, the
Secretary may require the existing servicer of a mortgage
assigned to the Secretary to continue servicing the mortgage
as an agent of the Secretary during the period that the
Secretary acquires and holds the mortgage for the purpose of
modifying the terms of the mortgage, provided that the
Secretary compensates the existing servicer appropriately, as
such compensation is determined by the Secretary consistent,
to the maximum extent possible, with section 203(b). If the
mortgage is resold pursuant to subparagraph (C)(iii), the
Secretary may provide for the existing servicer to continue
to service the mortgage or may engage another entity to
service the mortgage.''.
(4) Implementation.--The Secretary of Housing and Urban
Development may implement the amendments made by this
subsection through notice or mortgagee letter.
(e) Change of Status.--The National Housing Act is amended
by striking section 532 (12 U.S.C. 1735f-10) and inserting
the following new section:
``SEC. 532. CHANGE OF MORTGAGEE STATUS.
``(a) Notification.--Upon the occurrence of any action
described in subsection (b), an approved mortgagee shall
immediately submit to the Secretary, in writing, notification
of such occurrence.
``(b) Actions.--The actions described in this subsection
are as follows:
``(1) The debarment, suspension or a Limited Denial of
Participation (LDP), or application of other sanctions, other
exclusions, fines, or penalties applied to the mortgagee or
to any officer, partner, director, principal, manager,
supervisor, loan processor, loan underwriter, or loan
originator of the mortgagee pursuant to applicable provisions
of State or Federal law.
``(2) The revocation of a State-issued mortgage loan
originator license issued pursuant to the S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any other
similar declaration of ineligibility pursuant to State
law.''.
(f) Civil Money Penalties.--Section 536 of the National
Housing Act (12 U.S.C. 1735f-14) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``or any of its owners, officers, or directors'' after
``mortgagee or lender'';
(ii) in subparagraph (H), by striking ``title I'' and all
that follows through ``under this Act.'' and inserting
``title I or II of this Act, or any implementing regulation,
handbook, or mortgagee letter that is issued under this
Act.''; and
(iii) by inserting after subparagraph (J) the following:
``(K) Violation of section 202(d) of this Act (12 U.S.C.
1708(d)).
``(L) Use of `Federal Housing Administration', `Department
of Housing and Urban Development', `Government National
Mortgage Association', `Ginnie Mae', the acronyms `HUD',
`FHA', or `GNMA', or any official seal or logo of the
Department of Housing and Urban Development, except as
authorized by the Secretary.'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(D) causing or participating in any of the violations set
forth in paragraph (1) of this subsection.''; and
(C) by amending paragraph (3) to read as follows:
``(3) Prohibition against misleading use of federal entity
designation.--The Secretary may impose a civil money penalty,
as adjusted from time to time, under subsection (a) for any
use of `Federal Housing Administration', `Department of
Housing and Urban Development', `Government National Mortgage
Association', `Ginnie Mae', the acronyms `HUD', `FHA', or
`GNMA', or any official seal or logo of the Department of
Housing and Urban Development, by any person, party, company,
firm, partnership, or business, including sellers of real
estate, closing agents, title companies, real estate agents,
mortgage brokers, appraisers, loan correspondents, and
dealers, except as authorized by the Secretary.''; and
(2) in subsection (g), by striking ``The term'' and all
that follows through the end of the sentence and inserting
``For purposes of this section, a person acts knowingly when
a person has actual knowledge of acts or should have known of
the acts.''.
(g) Expanded Review of FHA Mortgagee Applicants and Newly
Approved Mortgagees.--Not later than the expiration of the 3-
month period beginning upon the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall--
(1) expand the existing process for reviewing new
applicants for approval for participation in the mortgage
insurance programs of the Secretary for mortgages on 1- to 4-
family residences for the purpose of identifying applicants
who represent a high risk to the Mutual Mortgage Insurance
Fund; and
(2) implement procedures that, for mortgagees approved
during the 12-month period ending upon such date of
enactment--
(A) expand the number of mortgages originated by such
mortgagees that are reviewed for compliance with applicable
laws, regulations, and policies; and
(B) include a process for random reviews of such mortgagees
and a process for reviews that is based on volume of
mortgages originated by such mortgagees.
SEC. 204. ENHANCEMENT OF LIQUIDITY AND STABILITY OF INSURED
DEPOSITORY INSTITUTIONS TO ENSURE AVAILABILITY
OF CREDIT AND REDUCTION OF FORECLOSURES.
(a) Temporary Increase in Deposit Insurance Extended.--
Section 136 of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5241) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``December 31, 2009'' and
inserting ``December 31, 2013'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) in paragraph (2), as so redesignated, by striking
``December 31, 2009'' and inserting ``December 31, 2013'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``December 31, 2009'' and
inserting ``December 31, 2013'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) in paragraph (2), as so redesignated, by striking
``December 31, 2009'' and inserting ``December 31, 2013'';
and
(b) Extension of Restoration Plan Period.--Section
7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(3)(E)(ii)) is amended by striking ``5-year
period'' and inserting ``8-year period''.
(c) FDIC and NCUA Borrowing Authority.--
(1) FDIC.--Section 14(a) of the Federal Deposit Insurance
Act (12 U.S.C. 1824(a)) is amended--
(A) by striking ``$30,000,000,000'' and inserting
``$100,000,000,000'';
(B) by striking ``The Corporation is authorized'' and
inserting the following:
``(1) In general.--The Corporation is authorized'';
(C) by striking ``There are hereby'' and inserting the
following:
``(2) Funding.--There are hereby''; and
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(D) by adding at the end the following:
``(3) Temporary increases authorized.--
``(A) Recommendations for increase.--During the period
beginning on the date of enactment of this paragraph and
ending on December 31, 2010, if, upon the written
recommendation of the Board of Directors (upon a vote of not
less than two-thirds of the members of the Board of
Directors) and the Board of Governors of the Federal Reserve
System (upon a vote of not less than two-thirds of the
members of such Board), the Secretary of the Treasury (in
consultation with the President) determines that additional
amounts above the $100,000,000,000 amount specified in
paragraph (1) are necessary, such amount shall be increased
to the amount so determined to be necessary, not to exceed
$500,000,000,000.
``(B) Report required.--If the borrowing authority of the
Corporation is increased above $100,000,000,000 pursuant to
subparagraph (A), the Corporation shall promptly submit a
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives describing the reasons and
need for the additional borrowing authority and its intended
uses.
``(C) Restriction on usage.--The Corporation may not borrow
pursuant to subparagraph (A) to fund obligations of the
Corporation incurred as a part of a program established by
the Secretary of the Treasury pursuant to the Emergency
Economic Stabilization Act of 2008 to purchase or guarantee
assets.''.
(2) NCUA.--Section 203(d)(1) of the Federal Credit Union
Act (12 U.S.C. 1783(d)(1)) is amended to read as follows:
``(1) If, in the judgment of the Board, a loan to the
insurance fund, or to the stabilization fund described in
section 217 of this title, is required at any time for
purposes of this subchapter, the Secretary of the Treasury
shall make the loan, but loans under this paragraph shall not
exceed in the aggregate $6,000,000,000 outstanding at any one
time. Except as otherwise provided in this subsection,
section 217, and in subsection (e) of this section, each loan
under this paragraph shall be made on such terms as may be
fixed by agreement between the Board and the Secretary of the
Treasury.''.
(3) Temporary increases of borrowing authority for ncua.--
Section 203(d) of the Federal Credit Union Act (12 U.S.C.
1783(d)) is amended by adding at the end the following:
``(4) Temporary increases authorized.--
``(A) Recommendations for increase.--During the period
beginning on the date of enactment of this paragraph and
ending on December 31, 2010, if, upon the written
recommendation of the Board (upon a vote of not less than
two-thirds of the members of the Board) and the Board of
Governors of the Federal Reserve System (upon a vote of not
less than two-thirds of the members of such Board), the
Secretary of the Treasury (in consultation with the
President) determines that additional amounts above the
$6,000,000,000 amount specified in paragraph (1) are
necessary, such amount shall be increased to the amount so
determined to be necessary, not to exceed $30,000,000,000.
``(B) Report required.--If the borrowing authority of the
Board is increased above $6,000,000,000 pursuant to
subparagraph (A), the Board shall promptly submit a report to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives describing the reasons and need for the
additional borrowing authority and its intended uses.''.
(d) Expanding Systemic Risk Special Assessments.--Section
13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12
U.S.C. 1823(c)(4)(G)(ii)) is amended to read as follows:
``(ii) Repayment of loss.--
``(I) In general.--The Corporation shall recover the loss
to the Deposit Insurance Fund arising from any action taken
or assistance provided with respect to an insured depository
institution under clause (i) from 1 or more special
assessments on insured depository institutions, depository
institution holding companies (with the concurrence of the
Secretary of the Treasury with respect to holding companies),
or both, as the Corporation determines to be appropriate.
``(II) Treatment of depository institution holding
companies.--For purposes of this clause, sections 7(c)(2) and
18(h) shall apply to depository institution holding companies
as if they were insured depository institutions.
``(III) Regulations.--The Corporation shall prescribe such
regulations as it deems necessary to implement this clause.
In prescribing such regulations, defining terms, and setting
the appropriate assessment rate or rates, the Corporation
shall establish rates sufficient to cover the losses incurred
as a result of the actions of the Corporation under clause
(i) and shall consider: the types of entities that benefit
from any action taken or assistance provided under this
subparagraph; economic conditions, the effects on the
industry, and such other factors as the Corporation deems
appropriate and relevant to the action taken or the
assistance provided. Any funds so collected that exceed
actual losses shall be placed in the Deposit Insurance
Fund.''.
(e) Establishment of a National Credit Union Share
Insurance Fund Restoration Plan Period.--Section 202(c)(2) of
the Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is
amended by adding at the end the following new subparagraph:
``(D) Fund restoration plans.--
``(i) In general.--Whenever--
``(I) the Board projects that the equity ratio of the Fund
will, within 6 months of such determination, fall below the
minimum amount specified in subparagraph (C); or
``(II) the equity ratio of the Fund actually falls below
the minimum amount specified in subparagraph (C) without any
determination under sub-clause (I) having been made,
the Board shall establish and implement a restoration plan
within 90 days that meets the requirements of clause (ii) and
such other conditions as the Board determines to be
appropriate.
``(ii) Requirements of restoration plan.--A restoration
plan meets the requirements of this clause if the plan
provides that the equity ratio of the Fund will meet or
exceed the minimum amount specified in subparagraph (C)
before the end of the 8-year period beginning upon the
implementation of the plan (or such longer period as the
Board may determine to be necessary due to extraordinary
circumstances).
``(iii) Transparency.--Not more than 30 days after the
Board establishes and implements a restoration plan under
clause (i), the Board shall publish in the Federal Register a
detailed analysis of the factors considered and the basis for
the actions taken with regard to the plan.''.
(f) Temporary Corporate Credit Union Stabilization Fund.--
(1) Establishment of stabilization fund.--Title II of the
Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended
by adding at the end the following new section:
``SEC. 217. TEMPORARY CORPORATE CREDIT UNION STABILIZATION
FUND.
``(a) Establishment of Stabilization Fund.--There is hereby
created in the Treasury of the United States a fund to be
known as the `Temporary Corporate Credit Union Stabilization
Fund.' The Board will administer the Stabilization Fund as
prescribed by section 209.
``(b) Expenditures From Stabilization Fund.--Money in the
Stabilization Fund shall be available upon requisition by the
Board, without fiscal year limitation, for making payments
for the purposes described in section 203(a), subject to the
following additional limitations:
``(1) All payments other than administrative payments shall
be connected to the conservatorship, liquidation, or
threatened conservatorship or liquidation, of a corporate
credit union.
``(2) Prior to authorizing each payment the Board shall--
``(A) certify that, absent the existence of the
Stabilization Fund, the Board would have made the identical
payment out of the National Credit Union Share Insurance Fund
(Insurance Fund); and
``(B) report each such certification to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
``(c) Authority To Borrow.--
``(1) In general.--The Stabilization Fund is authorized to
borrow from the Secretary of the Treasury from time-to-time
as deemed necessary by the Board. The maximum outstanding
amount of all borrowings from the Treasury by the
Stabilization Fund and the National Credit Union Share
Insurance Fund, combined, is limited to the amount provided
for in section 203(d)(1), including any authorized increases
in that amount.
``(2) Repayment of advances.--
``(A) In general.--The advances made under this section
shall be repaid by the Stabilization Fund, and interest on
such advance shall be paid, to the General fund of the
Treasury.
``(B) Variable rate of interest.--The Secretary of the
Treasury shall make the first rate determination at the time
of the first advance under this section and shall reset the
rate again for all advances on each anniversary of the first
advance. The interest rate shall be equal to the average
market yield on outstanding marketable obligations of the
United States with remaining periods to maturity equal to 12
months.
``(3) Repayment schedule.--The Stabilization Fund shall
repay the advances on a first-in, first-out basis, with
interest on the amount repaid, at times and dates determined
by the Board at its discretion. All advances shall be repaid
not later than the date of the seventh anniversary of the
first advance to the Stabilization Fund, unless the Board
extends this final repayment date. The Board shall obtain the
concurrence of the Secretary of the Treasury on any proposed
extension, including the terms and conditions of the extended
repayment.
``(d) Assessment to Repay Advances.--At least 90 days prior
to each repayment described in subsection (c)(3), the Board
shall set the amount of the upcoming repayment and determine
if the Stabilization Fund will have sufficient funds to make
the repayment. If the Stabilization Fund might not have
sufficient funds to make the repayment, the Board shall
assess each federally
[[Page 12774]]
insured credit union a special premium due and payable within
60 days in an aggregate amount calculated to ensure the
Stabilization Fund is able to make the repayment. The premium
charge for each credit union shall be stated as a percentage
of its insured shares as represented on the credit union's
previous call report. The percentage shall be identical for
each credit union. Any credit union that fails to make timely
payment of the special premium is subject to the procedures
and penalties described under subsections (d), (e), and (f)
of section 202.
``(e) Distributions From Insurance Fund.--At the end of any
calendar year in which the Stabilization Fund has an
outstanding advance from the Treasury, the Insurance Fund is
prohibited from making the distribution to insured credit
unions described in section 202(c)(3). In lieu of the
distribution described in that section, the Insurance Fund
shall make a distribution to the Stabilization Fund of the
maximum amount possible that does not reduce the Insurance
Fund's equity ratio below the normal operating level and does
not reduce the Insurance Fund's available assets ratio below
1.0 percent.
``(f) Investment of Stabilization Fund Assets.--The Board
may request the Secretary of the Treasury to invest such
portion of the Stabilization Fund as is not, in the Board's
judgment, required to meet the current needs of the
Stabilization Fund. Such investments shall be made by the
Secretary of the Treasury in public debt securities, with
maturities suitable to the needs of the Stabilization Fund,
as determined by the Board, and bearing interest at a rate
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturity.
``(g) Reports.--The Board shall submit an annual report to
Congress on the financial condition and the results of the
operation of the Stabilization Fund. The report is due to
Congress within 30 days after each anniversary of the first
advance made under subsection (c)(1). Because the Fund will
use advances from the Treasury to meet corporate
stabilization costs with full repayment of borrowings to
Treasury at the Board's discretion not due until 7 years from
the initial advance, to the extent operating expenses of the
Fund exceed income, the financial condition of the Fund may
reflect a deficit. With planned and required future
repayments, the Board shall resolve all deficits prior to
termination of the Fund.
``(h) Closing of Stabilization Fund.--Within 90 days
following the seventh anniversary of the initial
Stabilization Fund advance, or earlier at the Board's
discretion, the Board shall distribute any funds, property,
or other assets remaining in the Stabilization Fund to the
Insurance Fund and shall close the Stabilization Fund. If the
Board extends the final repayment date as permitted under
subsection (c)(3), the mandatory date for closing the
Stabilization Fund shall be extended by the same number of
days.''.
(2) Conforming amendment.--Section 202(c)(3)(A) of the
Federal Credit Union Act (12 U.S.C. 1782(c)(3)(A)) is amended
by inserting ``, subject to the requirements of section
217(e),'' after ``The Board shall''.
SEC. 205. APPLICATION OF GSE CONFORMING LOAN LIMIT TO
MORTGAGES ASSISTED WITH TARP FUNDS.
In making any assistance available to prevent and mitigate
foreclosures on residential properties, including any
assistance for mortgage modifications, using any amounts made
available to the Secretary of the Treasury under title I of
the Emergency Economic Stabilization Act of 2008, the
Secretary shall provide that the limitation on the maximum
original principal obligation of a mortgage that may be
modified, refinanced, made, guaranteed, insured, or otherwise
assisted, using such amounts shall not be less than the
dollar amount limitation on the maximum original principal
obligation of a mortgage that may be purchased by the Federal
Home Loan Mortgage Corporation that is in effect, at the time
that the mortgage is modified, refinanced, made, guaranteed,
insured, or otherwise assisted using such amounts, for the
area in which the property involved in the transaction is
located.
SEC. 206. MORTGAGES ON CERTAIN HOMES ON LEASED LAND.
Section 255(b)(4) of the National Housing Act (12 U.S.C.
1715z-20(b)(4)) is amended by striking subparagraph (B) and
inserting:
``(B) under a lease that has a term that ends no earlier
than the minimum number of years, as specified by the
Secretary, beyond the actuarial life expectancy of the
mortgagor or comortgagor, whichever is the later date.''.
SEC. 207. SENSE OF CONGRESS REGARDING MORTGAGE REVENUE BOND
PURCHASES.
It is the sense of the Congress that the Secretary of the
Treasury should use amounts made available in this Act to
purchase mortgage revenue bonds for single-family housing
issued through State housing finance agencies and through
units of local government and agencies thereof.
TITLE III--MORTGAGE FRAUD TASK FORCE
SEC. 301. SENSE OF CONGRESS ON ESTABLISHMENT OF A NATIONWIDE
MORTGAGE FRAUD TASK FORCE.
(a) In General.--It is the sense of the Congress that the
Department of Justice establish a Nationwide Mortgage Fraud
Task Force (hereinafter referred to in this section as the
``Task Force'') to address mortgage fraud in the United
States.
(b) Support.--If the Department of Justice establishes the
Task Force referred to in subsection (a), it is the sense of
the Congress that the Attorney General should provide the
Task Force with the appropriate staff, administrative
support, and other resources necessary to carry out the
duties of the Task Force.
(c) Mandatory Functions.--If the Department of Justice
establishes the Task Force referred to in subsection (a), it
is the sense of the Congress that the Attorney General
should--
(1) establish coordinating entities, and solicit the
voluntary participation of Federal, State, and local law
enforcement and prosecutorial agencies in such entities, to
organize initiatives to address mortgage fraud, including
initiatives to enforce State mortgage fraud laws and other
related Federal and State laws;
(2) provide training to Federal, State, and local law
enforcement and prosecutorial agencies with respect to
mortgage fraud, including related Federal and State laws;
(3) collect and disseminate data with respect to mortgage
fraud, including Federal, State, and local data relating to
mortgage fraud investigations and prosecutions; and
(4) perform other functions determined by the Attorney
General to enhance the detection of, prevention of, and
response to mortgage fraud in the United States.
(d) Optional Functions.--If the Department of Justice
establishes the Task Force referred to in subsection (a), it
is the sense of the Congress that the Task Force should--
(1) initiate and coordinate Federal mortgage fraud
investigations and, through the coordinating entities
described under subsection (c), State and local mortgage
fraud investigations;
(2) establish a toll-free hotline for--
(A) reporting mortgage fraud;
(B) providing the public with access to information and
resources with respect to mortgage fraud; and
(C) directing reports of mortgage fraud to the appropriate
Federal, State, and local law enforcement and prosecutorial
agency, including to the appropriate branch of the Task Force
established under subsection (d);
(3) create a database with respect to suspensions and
revocations of mortgage industry licenses and certifications
to facilitate the sharing of such information by States;
(4) make recommendations with respect to the need for and
resources available to provide the equipment and training
necessary for the Task Force to combat mortgage fraud; and
(5) propose legislation to Federal, State, and local
legislative bodies with respect to the elimination and
prevention of mortgage fraud, including measures to address
mortgage loan procedures and property appraiser practices
that provide opportunities for mortgage fraud.
TITLE IV--FORECLOSURE MORATORIUM PROVISIONS
SEC. 401. SENSE OF THE CONGRESS ON FORECLOSURES.
(a) In General.--It is the sense of the Congress that
mortgage holders, institutions, and mortgage servicers should
not initiate a foreclosure proceeding or a foreclosure sale
on any homeowner until the foreclosure mitigation provisions,
like the Hope for Homeowners program, as required under title
II, and the President's ``Homeowner Affordability and
Stability Plan'' have been implemented and determined to be
operational by the Secretary of Housing and Urban Development
and the Secretary of the Treasury.
(b) Scope of Moratorium.--The foreclosure moratorium
referred to in subsection (a) should apply only for first
mortgages secured by the owner's principal dwelling.
(c) FHA-Regulated Loan Modification Agreements.--If a
mortgage holder, institution, or mortgage servicer to which
subsection (a) applies reaches a loan modification agreement
with a homeowner under the auspices of the Federal Housing
Administration before any plan referred to in such subsection
takes effect, subsection (a) shall cease to apply to such
institution as of the effective date of the loan modification
agreement.
(d) Duty of Consumer To Maintain Property.--Any homeowner
for whose benefit any foreclosure proceeding or sale is
barred under subsection (a) from being instituted, continued
, or consummated with respect to any homeowner mortgage
should not, with respect to any property securing such
mortgage, destroy, damage, or impair such property, allow the
property to deteriorate, or commit waste on the property.
(e) Duty of Consumer To Respond to Reasonable Inquiries.--
Any homeowner for whose benefit any foreclosure proceeding or
sale is barred under subsection (a) from being instituted,
continued, or consummated with respect to any homeowner
mortgage should respond to reasonable inquiries from
[[Page 12775]]
a creditor or servicer during the period during which such
foreclosure proceeding or sale is barred.
SEC. 402. PUBLIC-PRIVATE INVESTMENT PROGRAM; ADDITIONAL
APPROPRIATIONS FOR THE SPECIAL INSPECTOR
GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM.
(a) Short Title.--This section may be cited as the
``Public-Private Investment Program Improvement and Oversight
Act of 2009''.
(b) Public-Private Investment Program.--
(1) In general.--Any program established by the Federal
Government to create a public-private investment fund shall--
(A) in consultation with the Special Inspector General of
the Trouble Asset Relief Program (in this section referred to
as the ``Special Inspector General''), impose strict conflict
of interest rules on managers of public-private investment
funds to ensure that securities bought by the funds are
purchased in arms-length transactions, that fiduciary duties
to public and private investors in the fund are not violated,
and that there is full disclosure of relevant facts and
financial interests (which conflict of interest rules shall
be implemented by the manager of a public-private investment
fund prior to such fund receiving Federal Government
financing);
(B) require each public-private investment fund to make a
quarterly report to the Secretary of the Treasury (in this
section referred to as the ``Secretary'') that discloses the
10 largest positions of such fund (which reports shall be
publicly disclosed at such time as the Secretary of the
Treasury determines that such disclosure will not harm the
ongoing business operations of the fund);
(C) allow the Special Inspector General access to all books
and records of a public-private investment fund, including
all records of financial transactions in machine readable
form, and the confidentiality of all such information shall
be maintained by the Special Inspector General;
(D) require each manager of a public-private investment
fund to retain all books, documents, and records relating to
such public-private investment fund, including electronic
messages;
(E) require each manager of a public-private investment
fund to acknowledge, in writing, a fiduciary duty to both the
public and private investors in such fund;
(F) require each manager of a public-private investment
fund to develop a robust ethics policy that includes methods
to ensure compliance with such policy;
(G) require strict investor screening procedures for
public-private investment funds; and
(H) require each manager of a public-private fund to
identify for the Secretary, on a periodic basis, each
investor that, individually or together with affiliates,
directly or indirectly, holds equity interests equal to at
least 10 percent of the equity interest of the fund including
if such interests are held in a vehicle formed for the
purpose of directly or indirectly investing in the fund.
(2) Interaction between public-private investment funds and
the term-asset backed securities loan facility.--The
Secretary shall consult with the Special Inspector General
and shall issue regulations governing the interaction of the
Public-Private Investment Program, the Term-Asset Backed
Securities Loan Facility, and other similar public-private
investment programs. Such regulations shall address concerns
regarding the potential for excessive leverage that could
result from interactions between such programs.
(3) Report.--Not later than 60 days after the date of the
establishment of a program described in paragraph (1), the
Special Inspector General shall submit a report to Congress
on the implementation of this section.
(c) Additional Appropriations for the Special Inspector
General.--
(1) In general.--Of amounts made available under section
115(a) of the Emergency Economic Stabilization Act of 2008
(Public Law 110-343), $15,000,000 shall be made available to
the Special Inspector General, which shall be in addition to
amounts otherwise made available to the Special Inspector
General.
(2) Priorities.--In utilizing funds made available under
this section, the Special Inspector General shall prioritize
the performance of audits or investigations of recipients of
non-recourse Federal loans made under ``any program that is
funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008,'' to the extent
that such priority is consistent with other aspects of the
mission of the Special Inspector General. Such audits or
investigations shall determine the existence of any collusion
between the loan recipient and the seller or originator of
the asset used as loan collateral, or any other conflict of
interest that may have led the loan recipient to deliberately
overstate the value of the asset used as loan collateral.
(d) Rule of Construction.--Notwithstanding any other
provision of law, nothing in this section shall be construed
to apply to any activity of the Federal Deposit Insurance
Corporation in connection with insured depository
institutions, as described in section 13(c)(2)(B) of the
Federal Deposit Insurance Act.
(e) Definition.--In this section, the term ``public-private
investment fund'' means a financial vehicle that is--
(1) established by the Federal Government to purchase pools
of loans, securities, or assets from a financial institution
described in section 101(a)(1) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); and
(2) funded by a combination of cash or equity from private
investors and funds provided by the Secretary of the Treasury
or funds appropriated under the Emergency Economic
Stabilization Act of 2008.
(f) Offset of Costs of Program Changes.--Notwithstanding
the amendment made by section 202(b) of this Act, paragraph
(3) of section 115(a) of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5225) is amended by inserting ``, as
such amount is reduced by $1,259,000,000,'' after
``$700,000,000,000''.
(g) Regulations.--The Secretary of the Treasury may
prescribe such regulations or other guidance as may be
necessary or appropriate to define terms or carry out the
authorities or purposes of this section.
SEC. 403. REMOVAL OF REQUIREMENT TO LIQUIDATE WARRANTS UNDER
THE TARP.
Section 111(g) of the Emergency Economic Stabilization Act
of 2008 (12 U.S.C. 5221(g)) is amended by striking ``shall
liquidate warrants associated with such assistance at the
current market price'' and inserting ``, at the market price,
may liquidate warrants associated with such assistance''.
SEC. 404. NOTIFICATION OF SALE OR TRANSFER OF MORTGAGE LOANS.
(a) In General.--Section 131 of the Truth in Lending Act
(15 U.S.C. 1641) is amended by adding at the end the
following:
``(g) Notice of New Creditor.--
``(1) In general.--In addition to other disclosures
required by this title, not later than 30 days after the date
on which a mortgage loan is sold or otherwise transferred or
assigned to a third party, the creditor that is the new owner
or assignee of the debt shall notify the borrower in writing
of such transfer, including--
``(A) the identity, address, telephone number of the new
creditor;
``(B) the date of transfer;
``(C) how to reach an agent or party having authority to
act on behalf of the new creditor;
``(D) the location of the place where transfer of ownership
of the debt is recorded; and
``(E) any other relevant information regarding the new
creditor.
``(2) Definition.--As used in this subsection, the term
`mortgage loan' means any consumer credit transaction that is
secured by the principal dwelling of a consumer.''.
(b) Private Right of Action.--Section 130(a) of the Truth
in Lending Act (15 U.S.C. 1640(a)) is amended by inserting
``subsection (f) or (g) of section 131,'' after ``section
125,''.
TITLE V--FARM LOAN RESTRUCTURING
SEC. 501. CONGRESSIONAL OVERSIGHT PANEL SPECIAL REPORT.
Section 125(b) of the Emergency Economic Stabilization Act
of 2008 (12 U.S.C. 5233(b)) is amended by adding at the end
the following:
``(3) Special report on farm loan restructuring.--Not later
than 60 days after the date of enactment of this paragraph,
the Oversight Panel shall submit a special report on farm
loan restructuring that--
``(A) analyzes the state of the commercial farm credit
markets and the use of loan restructuring as an alternative
to foreclosure by recipients of financial assistance under
the Troubled Asset Relief Program; and
``(B) includes an examination of and recommendation on the
different methods for farm loan restructuring that could be
used as part of a foreclosure mitigation program for farm
loans made by recipients of financial assistance under the
Troubled Asset Relief Program, including any programs for
direct loan restructuring or modification carried out by the
Farm Service Agency of the Department of Agriculture, the
farm credit system, and the Making Home Affordable Program of
the Department of the Treasury.''.
TITLE VI--ENHANCED OVERSIGHT OF THE TROUBLED ASSET RELIEF PROGRAM
SEC. 601. ENHANCED OVERSIGHT OF THE TROUBLED ASSET RELIEF
PROGRAM.
Section 116 of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5226) is amended--
(1) in subsection (a)(1)(A)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(v) public accountability for the exercise of such
authority, including with respect to actions taken by those
entities participating in programs established under this
Act.''; and
(2) in subsection (a)(2)--
(A) by redesignating subparagraph (C) as subparagraph (F);
and
(B) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Definition.--In this paragraph, the term
`governmental unit' has the meaning given under section
101(27) of title 11, United States Code, and does not include
any insured depository institution as defined under
[[Page 12776]]
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
8113).
``(B) GAO presence.--The Secretary shall provide the
Comptroller General with appropriate space and facilities in
the Department of the Treasury as necessary to facilitate
oversight of the TARP until the termination date established
in section 5230 of this title.
``(C) Access to records.--
``(i) In general.--Notwithstanding any other provision of
law, and for purposes of reviewing the performance of the
TARP, the Comptroller General shall have access, upon
request, to any information, data, schedules, books,
accounts, financial records, reports, files, electronic
communications, or other papers, things, or property
belonging to or in use by the TARP, any entity established by
the Secretary under this Act, any entity that is established
by a Federal reserve bank and receives funding from the TARP,
or any entity (other than a governmental unit) participating
in a program established under the authority of this Act, and
to the officers, employees, directors, independent public
accountants, financial advisors and any and all other agents
and representatives thereof, at such time as the Comptroller
General may request.
``(ii) Verification.--The Comptroller General shall be
afforded full facilities for verifying transactions with the
balances or securities held by, among others, depositories,
fiscal agents, and custodians.
``(iii) Copies.--The Comptroller General may make and
retain copies of such books, accounts, and other records as
the Comptroller General determines appropriate.
``(D) Agreement by entities.--Each contract, term sheet, or
other agreement between the Secretary or the TARP (or any
TARP vehicle, officer, director, employee, independent public
accountant, financial advisor, or other TARP agent or
representative) and an entity (other than a governmental
unit) participating in a program established under this Act
shall provide for access by the Comptroller General in
accordance with this section.
``(E) Restriction on public disclosure.--
``(i) In general.--The Comptroller General may not publicly
disclose proprietary or trade secret information obtained
under this section.
``(ii) Exception for congressional committees.--This
subparagraph does not limit disclosures to congressional
committees or members thereof having jurisdiction over a
private or public entity referred to under subparagraph (C).
``(iii) Rule of construction.--Nothing in this section
shall be construed to alter or amend the prohibitions against
the disclosure of trade secrets or other information
prohibited by section 1905 of title 18, United States Code,
section 714(c) of title 31, United States Code, or other
applicable provisions of law.''.
TITLE VII--PROTECTING TENANTS AT FORECLOSURE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Protecting Tenants at
Foreclosure Act of 2009''.
SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.
(a) In General.--In the case of any foreclosure on a
federally-related mortgage loan or on any dwelling or
residential real property after the date of enactment of this
title, any immediate successor in interest in such property
pursuant to the foreclosure shall assume such interest
subject to--
(1) the provision, by such successor in interest of a
notice to vacate to any bona fide tenant at least 90 days
before the effective date of such notice; and
(2) the rights of any bona fide tenant, as of the date of
such notice of foreclosure--
(A) under any bona fide lease entered into before the
notice of foreclosure to occupy the premises until the end of
the remaining term of the lease, except that a successor in
interest may terminate a lease effective on the date of sale
of the unit to a purchaser who will occupy the unit as a
primary residence, subject to the receipt by the tenant of
the 90 day notice under paragraph (1); or
(B) without a lease or with a lease terminable at will
under State law, subject to the receipt by the tenant of the
90 day notice under subsection (1),
except that nothing under this section shall affect the
requirements for termination of any Federal- or State-
subsidized tenancy or of any State or local law that provides
longer time periods or other additional protections for
tenants.
(b) Bona Fide Lease or Tenancy.--For purposes of this
section, a lease or tenancy shall be considered bona fide
only if--
(1) the mortgagor ``or the child, spouse, or parent of the
mortgagor'' under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length
transaction; and
(3) the lease or tenancy requires the receipt of rent that
is not substantially less than fair market rent for the
property ``or the unit's rent is reduced or subsidized due to
a Federal, State, or local subsidy''.
(c) Definition.--For purposes of this section, the term
``federally-related mortgage loan'' has the same meaning as
in section 3 of the Real Estate Settlement Procedures Act of
1974 (12 U.S.C. 2602).
SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES.
Section 8(o)(7) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(7)) is amended--
(1) by inserting before the semicolon in subparagraph (C)
the following: ``and in the case of an owner who is an
immediate successor in interest pursuant to foreclosure
during the term of the lease vacating the property prior to
sale shall not constitute other good cause, except that the
owner may terminate the tenancy effective on the date of
transfer of the unit to the owner if the owner--
``(i) will occupy the unit as a primary residence; and
``(ii) has provided the tenant a notice to vacate at least
90 days before the effective date of such notice.''; and
(2) by inserting at the end of subparagraph (F) the
following: ``In the case of any foreclosure on any federally-
related mortgage loan (as that term is defined in section 3
of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2602)) or on any residential real property in which a
recipient of assistance under this subsection resides, the
immediate successor in interest in such property pursuant to
the foreclosure shall assume such interest subject to the
lease between the prior owner and the tenant and to the
housing assistance payments contract between the prior owner
and the public housing agency for the occupied unit, except
that this provision and the provisions related to foreclosure
in subparagraph (C) shall not shall not affect any State or
local law that provides longer time periods or other
additional protections for tenants.''.
SEC. 704. SUNSET.
This title, and any amendments made by this title are
repealed, and the requirements under this title shall
terminate, on December 31, 2012.
TITLE VIII--COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES
SEC. 801. COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES.
(a) Board of Governors of the Federal Reserve System.--
Section 714 of title 31, United States Code, is amended--
(1) in subsection (a), by striking ``Federal Reserve
Board,'' and inserting ``Board of Governors of the Federal
Reserve System (in this section referred to as the
`Board'),''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Federal Reserve Board,'' and inserting ``Board''; and
(B) in paragraph (4), by striking ``of Governors''.
(b) Confidential Information.--Section 714(c) of title 31,
United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) Except as provided under paragraph (4), an officer or
employee of the Government Accountability Office may not
disclose to any person outside the Government Accountability
Office information obtained in audits or examinations
conducted under subsection (e) and maintained as confidential
by the Board or the Federal reserve banks.
``(4) This subsection shall not--
``(A) authorize an officer or employee of an agency to
withhold information from any committee or subcommittee of
jurisdiction of Congress, or any member of such committee or
subcommittee; or
``(B) limit any disclosure by the Government Accountability
Office to any committee or subcommittee of jurisdiction of
Congress, or any member of such committee or subcommittee.''.
(c) Access to Records.--Section 714(d) of title 31, United
States Code, is amended--
(1) in paragraph (1), by inserting ``The Comptroller
General shall have access to the officers, employees,
contractors, and other agents and representatives of an
agency and any entity established by an agency at any
reasonable time as the Comptroller General may request. The
Comptroller General may make and retain copies of such books,
accounts, and other records as the Comptroller General
determines appropriate.'' after the first sentence;
(2) in paragraph (2), by inserting ``, copies of any
record,'' after ``records''; and
(3) by adding at the end the following:
``(3)(A) For purposes of conducting audits and examinations
under subsection (e), the Comptroller General shall have
access, upon request, to any information, data, schedules,
books, accounts, financial records, reports, files,
electronic communications, or other papers, things or
property belonging to or in use by--
``(i) any entity established by any action taken by the
Board described under subsection (e);
``(ii) any entity receiving assistance from any action
taken by the Board described under subsection (e), to the
extent that the access and request relates to that
assistance; and
``(iii) the officers, directors, employees, independent
public accountants, financial advisors and any and all
representatives of any entity described under clause (i) or
(ii); to the extent that the access and request relates to
that assistance;
``(B) The Comptroller General shall have access as provided
under subparagraph (A) at such time as the Comptroller
General may request.
[[Page 12777]]
``(C) Each contract, term sheet, or other agreement between
the Board or any Federal reserve bank (or any entity
established by the Board or any Federal reserve bank) and an
entity receiving assistance from any action taken by the
Board described under subsection (e) shall provide for access
by the Comptroller General in accordance with this
paragraph.''.
(d) Audits of Certain Actions of the Board of Governors of
the Federal Reserve System.--Section 714 of title 31, United
States Code, is amended by adding at the end the following:
``(e) Notwithstanding subsection (b), the Comptroller
General may conduct audits, including onsite examinations
when the Comptroller General determines such audits and
examinations are appropriate, of any action taken by the
Board under the third undesignated paragraph of section 13 of
the Federal Reserve Act (12 U.S.C. 343); with respect to a
single and specific partnership or corporation.''.
DIVISION B--HOMELESSNESS REFORM
SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION B--HOMELESSNESS REFORM
Sec. 1001. Short title; table of contents.
Sec. 1002. Findings and purposes.
Sec. 1003. Definition of homelessness.
Sec. 1004. United States Interagency Council on Homelessness.
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
Sec. 1101. Definitions.
Sec. 1102. Community homeless assistance planning boards.
Sec. 1103. General provisions.
Sec. 1104. Protection of personally identifying information by victim
service providers.
Sec. 1105. Authorization of appropriations.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
Sec. 1201. Grant assistance.
Sec. 1202. Eligible activities.
Sec. 1203. Participation in Homeless Management Information System.
Sec. 1204. Administrative provision.
Sec. 1205. GAO study of administrative fees.
TITLE III--CONTINUUM OF CARE PROGRAM
Sec. 1301. Continuum of care.
Sec. 1302. Eligible activities.
Sec. 1303. High performing communities.
Sec. 1304. Program requirements.
Sec. 1305. Selection criteria, allocation amounts, and funding.
Sec. 1306. Research.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
Sec. 1401. Rural housing stability assistance.
Sec. 1402. GAO study of homelessness and homeless assistance in rural
areas.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
Sec. 1501. Repeals.
Sec. 1502. Conforming amendments.
Sec. 1503. Effective date.
Sec. 1504. Regulations.
Sec. 1505. Amendment to table of contents.
SEC. 1002. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) a lack of affordable housing and limited scale of
housing assistance programs are the primary causes of
homelessness; and
(2) homelessness affects all types of communities in the
United States, including rural, urban, and suburban areas.
(b) Purposes.--The purposes of this division are--
(1) to consolidate the separate homeless assistance
programs carried out under title IV of the McKinney-Vento
Homeless Assistance Act (consisting of the supportive housing
program and related innovative programs, the safe havens
program, the section 8 assistance program for single-room
occupancy dwellings, and the shelter plus care program) into
a single program with specific eligible activities;
(2) to codify in Federal law the continuum of care planning
process as a required and integral local function necessary
to generate the local strategies for ending homelessness; and
(3) to establish a Federal goal of ensuring that
individuals and families who become homeless return to
permanent housing within 30 days.
SEC. 1003. DEFINITION OF HOMELESSNESS.
(a) In General.--Section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--For purposes of this Act, the terms
`homeless', `homeless individual', and `homeless person'
means--
``(1) an individual or family who lacks a fixed, regular,
and adequate nighttime residence;
``(2) an individual or family with a primary nighttime
residence that is a public or private place not designed for
or ordinarily used as a regular sleeping accommodation for
human beings, including a car, park, abandoned building, bus
or train station, airport, or camping ground;
``(3) an individual or family living in a supervised
publicly or privately operated shelter designated to provide
temporary living arrangements (including hotels and motels
paid for by Federal, State, or local government programs for
low-income individuals or by charitable organizations,
congregate shelters, and transitional housing);
``(4) an individual who resided in a shelter or place not
meant for human habitation and who is exiting an institution
where he or she temporarily resided;
``(5) an individual or family who--
``(A) will imminently lose their housing, including housing
they own, rent, or live in without paying rent, are sharing
with others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-income
individuals or by charitable organizations, as evidenced by--
``(i) a court order resulting from an eviction action that
notifies the individual or family that they must leave within
14 days;
``(ii) the individual or family having a primary nighttime
residence that is a room in a hotel or motel and where they
lack the resources necessary to reside there for more than 14
days; or
``(iii) credible evidence indicating that the owner or
renter of the housing will not allow the individual or family
to stay for more than 14 days, and any oral statement from an
individual or family seeking homeless assistance that is
found to be credible shall be considered credible evidence
for purposes of this clause;
``(B) has no subsequent residence identified; and
``(C) lacks the resources or support networks needed to
obtain other permanent housing; and
``(6) unaccompanied youth and homeless families with
children and youth defined as homeless under other Federal
statutes who--
``(A) have experienced a long term period without living
independently in permanent housing,
``(B) have experienced persistent instability as measured
by frequent moves over such period, and
``(C) can be expected to continue in such status for an
extended period of time because of chronic disabilities,
chronic physical health or mental health conditions,
substance addiction, histories of domestic violence or
childhood abuse, the presence of a child or youth with a
disability, or multiple barriers to employment.
``(b) Domestic Violence and Other Dangerous or Life-
Threatening Conditions.--Notwithstanding any other provision
of this section, the Secretary shall consider to be homeless
any individual or family who is fleeing, or is attempting to
flee, domestic violence, dating violence, sexual assault,
stalking, or other dangerous or life-threatening conditions
in the individual's or family's current housing situation,
including where the health and safety of children are
jeopardized, and who have no other residence and lack the
resources or support networks to obtain other permanent
housing.''.
(b) Regulations.--Not later than the expiration of the 6-
month period beginning upon the date of the enactment of this
division, the Secretary of Housing and Urban Development
shall issue regulations that provide sufficient guidance to
recipients of funds under title IV of the McKinney-Vento
Homeless Assistance Act to allow uniform and consistent
implementation of the requirements of section 103 of such
Act, as amended by subsection (a) of this section. This
subsection shall take effect on the date of the enactment of
this division.
(c) Clarification of Effect on Other Laws.--This section
and the amendments made by this section to section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may
not be construed to affect, alter, limit, annul, or supersede
any other provision of Federal law providing a definition of
``homeless'', ``homeless individual'', or ``homeless person''
for purposes other than such Act, except to the extent that
such provision refers to such section 103 or the definition
provided in such section 103.
SEC. 1004. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.
(a) In General.--Title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et seq.) is amended--
(1) in section 201 (42 U.S.C. 11311), by inserting before
the period at the end the following ``whose mission shall be
to coordinate the Federal response to homelessness and to
create a national partnership at every level of government
and with the private sector to reduce and end homelessness in
the nation while maximizing the effectiveness of the Federal
Government in contributing to the end of homelessness'';
(2) in section 202 (42 U.S.C. 11312)--
(A) in subsection (a)--
(i) by redesignating paragraph (16) as paragraph (22); and
(ii) by inserting after paragraph (15) the following:
``(16) The Commissioner of Social Security, or the designee
of the Commissioner.
``(17) The Attorney General of the United States, or the
designee of the Attorney General.
[[Page 12778]]
``(18) The Director of the Office of Management and Budget,
or the designee of the Director.
``(19) The Director of the Office of Faith-Based and
Community Initiatives, or the designee of the Director.
``(20) The Director of USA FreedomCorps, or the designee of
the Director.'';
(B) in subsection (c), by striking ``annually'' and
inserting ``four times each year, and the rotation of the
positions of Chairperson and Vice Chairperson required under
subsection (b) shall occur at the first meeting of each
year''; and
(C) by adding at the end the following:
``(e) Administration.--The Executive Director of the
Council shall report to the Chairman of the Council.'';
(3) in section 203(a) (42 U.S.C. 11313(a))--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) as paragraphs (2), (3), (4), (5), (9), (10), and
(11), respectively;
(B) by inserting before paragraph (2), as so redesignated
by subparagraph (A), the following:
``(1) not later than 12 months after the date of the
enactment of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2009, develop, make available
for public comment, and submit to the President and to
Congress a National Strategic Plan to End Homelessness, and
shall update such plan annually;'';
(C) in paragraph (5), as redesignated by subparagraph (A),
by striking ``at least 2, but in no case more than 5'' and
inserting ``not less than 5, but in no case more than 10'';
(D) by inserting after paragraph (5), as so redesignated by
subparagraph (A), the following:
``(6) encourage the creation of State Interagency Councils
on Homelessness and the formulation of jurisdictional 10-year
plans to end homelessness at State, city, and county levels;
``(7) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and other
resources for which persons experiencing homelessness may be
eligible and the agencies' identification of improvements to
ensure access; develop mechanisms to ensure access by persons
experiencing homelessness to all Federal, State, and local
programs for which the persons are eligible, and to verify
collaboration among entities within a community that receive
Federal funding under programs targeted for persons
experiencing homelessness, and other programs for which
persons experiencing homelessness are eligible, including
mainstream programs identified by the Government
Accountability Office in the reports entitled `Homelessness:
Coordination and Evaluation of Programs Are Essential',
issued February 26, 1999, and `Homelessness: Barriers to
Using Mainstream Programs', issued July 6, 2000;
``(8) conduct research and evaluation related to its
functions as defined in this section;
``(9) develop joint Federal agency and other initiatives to
fulfill the goals of the agency;'';
(E) in paragraph (10), as so redesignated by subparagraph
(A), by striking ``and'' at the end;
(F) in paragraph (11), as so redesignated by subparagraph
(A), by striking the period at the end and inserting a
semicolon;
(G) by adding at the end the following new paragraphs:
``(12) develop constructive alternatives to criminalizing
homelessness and laws and policies that prohibit sleeping,
feeding, sitting, resting, or lying in public spaces when
there are no suitable alternatives, result in the destruction
of a homeless person's property without due process, or are
selectively enforced against homeless persons; and
``(13) not later than the expiration of the 6-month period
beginning upon completion of the study requested in a letter
to the Acting Comptroller General from the Chair and Ranking
Member of the House Financial Services Committee and several
other members regarding various definitions of homelessness
in Federal statutes, convene a meeting of representatives of
all Federal agencies and committees of the House of
Representatives and the Senate having jurisdiction over any
Federal program to assist homeless individuals or families,
local and State governments, academic researchers who
specialize in homelessness, nonprofit housing and service
providers that receive funding under any Federal program to
assist homeless individuals or families, organizations
advocating on behalf of such nonprofit providers and homeless
persons receiving housing or services under any such Federal
program, and homeless persons receiving housing or services
under any such Federal program, at which meeting such
representatives shall discuss all issues relevant to whether
the definitions of `homeless' under paragraphs (1) through
(4) of section 103(a) of the McKinney-Vento Homeless
Assistance Act, as amended by section 1003 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, should be modified by the Congress, including whether
there is a compelling need for a uniform definition of
homelessness under Federal law, the extent to which the
differences in such definitions create barriers for
individuals to accessing services and to collaboration
between agencies, and the relative availability, and barriers
to access by persons defined as homeless, of mainstream
programs identified by the Government Accountability Office
in the two reports identified in paragraph (7) of this
subsection; and shall submit transcripts of such meeting, and
any majority and dissenting recommendations from such
meetings, to each committee of the House of Representatives
and the Senate having jurisdiction over any Federal program
to assist homeless individuals or families not later than the
expiration of the 60-day period beginning upon conclusion of
such meeting.''.
(4) in section 203(b)(1) (42 U.S.C. 11313(b))--
(A) by striking ``Federal'' and inserting ``national'';
(B) by striking ``; and'' and inserting ``and pay for
expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is
made;'';
(5) in section 205(d) (42 U.S.C. 11315(d)), by striking
``property.'' and inserting ``property, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Council.''; and
(6) by striking section 208 (42 U.S.C. 11318) and inserting
the following:
``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $3,000,000 for fiscal year 2010 and such sums as may be
necessary for fiscal years 2011. Any amounts appropriated to
carry out this title shall remain available until
expended.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on, and shall apply beginning on, the date
of the enactment of this division.
TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS
SEC. 1101. DEFINITIONS.
Subtitle A of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11361 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle A--General Provisions'';
(2) by redesignating sections 401 and 402 (42 U.S.C. 11361,
11362) as sections 403 and 406, respectively; and
(3) by inserting before section 403 (as so redesignated by
paragraph (2) of this section) the following new section:
``SEC. 401. DEFINITIONS.
``For purposes of this title:
``(1) At risk of homelessness.--The term `at risk of
homelessness' means, with respect to an individual or family,
that the individual or family--
``(A) has income below 30 percent of median income for the
geographic area;
``(B) has insufficient resources immediately available to
attain housing stability; and
``(C)(i) has moved frequently because of economic reasons;
``(ii) is living in the home of another because of economic
hardship;
``(iii) has been notified that their right to occupy their
current housing or living situation will be terminated;
``(iv) lives in a hotel or motel;
``(v) lives in severely overcrowded housing;
``(vi) is exiting an institution; or
``(vii) otherwise lives in housing that has characteristics
associated with instability and an increased risk of
homelessness.
Such term includes all families with children and youth
defined as homeless under other Federal statutes.
``(2) Chronically homeless.--
``(A) In general.--The term `chronically homeless' means,
with respect to an individual or family, that the individual
or family--
``(i) is homeless and lives or resides in a place not meant
for human habitation, a safe haven, or in an emergency
shelter;
``(ii) has been homeless and living or residing in a place
not meant for human habitation, a safe haven, or in an
emergency shelter continuously for at least 1 year or on at
least 4 separate occasions in the last 3 years; and
``(iii) has an adult head of household (or a minor head of
household if no adult is present in the household) with a
diagnosable substance use disorder, serious mental illness,
developmental disability (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15002)), post traumatic stress disorder,
cognitive impairments resulting from a brain injury, or
chronic physical illness or disability, including the co-
occurrence of 2 or more of those conditions.
``(B) Rule of construction.--A person who currently lives
or resides in an institutional care facility, including a
jail, substance abuse or mental health treatment facility,
hospital or other similar facility, and has resided there for
fewer than 90 days shall be considered chronically homeless
if such person met all of the requirements described in
subparagraph (A) prior to entering that facility.
``(3) Collaborative applicant.--The term `collaborative
applicant' means an entity that--
``(A) carries out the duties specified in section 402;
[[Page 12779]]
``(B) serves as the applicant for project sponsors who
jointly submit a single application for a grant under
subtitle C in accordance with a collaborative process; and
``(C) if the entity is a legal entity and is awarded such
grant, receives such grant directly from the Secretary.
``(4) Collaborative application.--The term `collaborative
application' means an application for a grant under subtitle
C that--
``(A) satisfies section 422; and
``(B) is submitted to the Secretary by a collaborative
applicant.
``(5) Consolidated plan.--The term `Consolidated Plan'
means a comprehensive housing affordability strategy and
community development plan required in part 91 of title 24,
Code of Federal Regulations.
``(6) Eligible entity.--The term `eligible entity' means,
with respect to a subtitle, a public entity, a private
entity, or an entity that is a combination of public and
private entities, that is eligible to directly receive grant
amounts under such subtitle.
``(7) Families with children and youth defined as homeless
under other federal statutes.--The term `families with
children and youth defined as homeless under other Federal
statutes' means any children or youth that are defined as
`homeless' under any Federal statute other than this
subtitle, but are not defined as homeless under section 103,
and shall also include the parent, parents, or guardian of
such children or youth under subtitle B of title VII this Act
(42 U.S.C. 11431 et seq.).
``(8) Geographic area.--The term `geographic area' means a
State, metropolitan city, urban county, town, village, or
other nonentitlement area, or a combination or consortia of
such, in the United States, as described in section 106 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5306).
``(9) Homeless individual with a disability.--
``(A) In general.--The term `homeless individual with a
disability' means an individual who is homeless, as defined
in section 103, and has a disability that--
``(i)(I) is expected to be long-continuing or of indefinite
duration;
``(II) substantially impedes the individual's ability to
live independently;
``(III) could be improved by the provision of more suitable
housing conditions; and
``(IV) is a physical, mental, or emotional impairment,
including an impairment caused by alcohol or drug abuse, post
traumatic stress disorder, or brain injury;
``(ii) is a developmental disability, as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002); or
``(iii) is the disease of acquired immunodeficiency
syndrome or any condition arising from the etiologic agency
for acquired immunodeficiency syndrome.
``(B) Rule.--Nothing in clause (iii) of subparagraph (A)
shall be construed to limit eligibility under clause (i) or
(ii) of subparagraph (A).
``(10) Legal entity.--The term `legal entity' means--
``(A) an entity described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and
exempt from tax under section 501(a) of such Code;
``(B) an instrumentality of State or local government; or
``(C) a consortium of instrumentalities of State or local
governments that has constituted itself as an entity.
``(11) Metropolitan city; urban county; nonentitlement
area.--The terms `metropolitan city', `urban county', and
`nonentitlement area' have the meanings given such terms in
section 102(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5302(a)).
``(12) New.--The term `new' means, with respect to housing,
that no assistance has been provided under this title for the
housing.
``(13) Operating costs.--The term `operating costs' means
expenses incurred by a project sponsor operating transitional
housing or permanent housing under this title with respect
to--
``(A) the administration, maintenance, repair, and security
of such housing;
``(B) utilities, fuel, furnishings, and equipment for such
housing; or
``(C) coordination of services as needed to ensure long-
term housing stability.
``(14) Outpatient health services.--The term `outpatient
health services' means outpatient health care services,
mental health services, and outpatient substance abuse
services.
``(15) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay, and includes both permanent supportive housing and
permanent housing without supportive services.
``(16) Personally identifying information.--The term
`personally identifying information' means individually
identifying information for or about an individual, including
information likely to disclose the location of a victim of
domestic violence, dating violence, sexual assault, or
stalking, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that,
in combination with any other non-personally identifying
information, would serve to identify any individual.
``(17) Private nonprofit organization.--The term `private
nonprofit organization' means an organization--
``(A) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
``(B) that has a voluntary board;
``(C) that has an accounting system, or has designated a
fiscal agent in accordance with requirements established by
the Secretary; and
``(D) that practices nondiscrimination in the provision of
assistance.
``(18) Project.--The term `project' means, with respect to
activities carried out under subtitle C, eligible activities
described in section 423(a), undertaken pursuant to a
specific endeavor, such as serving a particular population or
providing a particular resource.
``(19) Project-based.--The term `project-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor; and
``(ii) an owner of a structure that exists as of the date
the contract is entered into; and
``(B) provides that rental assistance payments shall be
made to the owner and that the units in the structure shall
be occupied by eligible persons for not less than the term of
the contract.
``(20) Project sponsor.--The term `project sponsor' means,
with respect to proposed eligible activities, the
organization directly responsible for carrying out the
proposed eligible activities.
``(21) Recipient.--Except as used in subtitle B, the term
`recipient' means an eligible entity who--
``(A) submits an application for a grant under section 422
that is approved by the Secretary;
``(B) receives the grant directly from the Secretary to
support approved projects described in the application; and
``(C)(i) serves as a project sponsor for the projects; or
``(ii) awards the funds to project sponsors to carry out
the projects.
``(22) Secretary.--The term `Secretary' means the Secretary
of Housing and Urban Development.
``(23) Serious mental illness.--The term `serious mental
illness' means a severe and persistent mental illness or
emotional impairment that seriously limits a person's ability
to live independently.
``(24) Solo applicant.--The term `solo applicant' means an
entity that is an eligible entity, directly submits an
application for a grant under subtitle C to the Secretary,
and, if awarded such grant, receives such grant directly from
the Secretary.
``(25) Sponsor-based.--The term `sponsor-based' means, with
respect to rental assistance, that the assistance is provided
pursuant to a contract that--
``(A) is between--
``(i) the recipient or a project sponsor; and
``(ii) an independent entity that--
``(I) is a private organization; and
``(II) owns or leases dwelling units; and
``(B) provides that rental assistance payments shall be
made to the independent entity and that eligible persons
shall occupy such assisted units.
``(26) State.--Except as used in subtitle B, the term
`State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and any other territory or possession of the United
States.
``(27) Supportive services.--The term `supportive services'
means services that address the special needs of people
served by a project, including--
``(A) the establishment and operation of a child care
services program for families experiencing homelessness;
``(B) the establishment and operation of an employment
assistance program, including providing job training;
``(C) the provision of outpatient health services, food,
and case management;
``(D) the provision of assistance in obtaining permanent
housing, employment counseling, and nutritional counseling;
``(E) the provision of outreach services, advocacy, life
skills training, and housing search and counseling services;
``(F) the provision of mental health services, trauma
counseling, and victim services;
``(G) the provision of assistance in obtaining other
Federal, State, and local assistance available for residents
of supportive housing (including mental health benefits,
employment counseling, and medical assistance, but not
including major medical equipment);
``(H) the provision of legal services for purposes
including requesting reconsiderations and appeals of veterans
and public benefit
[[Page 12780]]
claim denials and resolving outstanding warrants that
interfere with an individual's ability to obtain and retain
housing;
``(I) the provision of--
``(i) transportation services that facilitate an
individual's ability to obtain and maintain employment; and
``(ii) health care; and
``(J) other supportive services necessary to obtain and
maintain housing.
``(28) Tenant-based.--The term `tenant-based' means, with
respect to rental assistance, assistance that--
``(A) allows an eligible person to select a housing unit in
which such person will live using rental assistance provided
under subtitle C, except that if necessary to assure that the
provision of supportive services to a person participating in
a program is feasible, a recipient or project sponsor may
require that the person live--
``(i) in a particular structure or unit for not more than
the first year of the participation;
``(ii) within a particular geographic area for the full
period of the participation, or the period remaining after
the period referred to in subparagraph (A); and
``(B) provides that a person may receive such assistance
and move to another structure, unit, or geographic area if
the person has complied with all other obligations of the
program and has moved out of the assisted dwelling unit in
order to protect the health or safety of an individual who is
or has been the victim of domestic violence, dating violence,
sexual assault, or stalking, and who reasonably believed he
or she was imminently threatened by harm from further
violence if he or she remained in the assisted dwelling unit.
``(29) Transitional housing.--The term `transitional
housing' means housing the purpose of which is to facilitate
the movement of individuals and families experiencing
homelessness to permanent housing within 24 months or such
longer period as the Secretary determines necessary.
``(30) Unified funding agency.--The term `unified funding
agency' means a collaborative applicant that performs the
duties described in section 402(g).
``(31) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved
by the Secretary, as appropriate.
``(32) Victim service provider.--The term `victim service
provider' means a private nonprofit organization whose
primary mission is to provide services to victims of domestic
violence, dating violence, sexual assault, or stalking. Such
term includes rape crisis centers, battered women's shelters,
domestic violence transitional housing programs, and other
programs.
``(33) Victim services.--The term `victim services' means
services that assist domestic violence, dating violence,
sexual assault, or stalking victims, including services
offered by rape crisis centers and domestic violence
shelters, and other organizations, with a documented history
of effective work concerning domestic violence, dating
violence, sexual assault, or stalking.''.
SEC. 1102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.
Subtitle A of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11361 et seq.) is amended by
inserting after section 401 (as added by section 1101(3) of
this division) the following new section:
``SEC. 402. COLLABORATIVE APPLICANTS.
``(a) Establishment and Designation.--A collaborative
applicant shall be established for a geographic area by the
relevant parties in that geographic area to--
``(1) submit an application for amounts under this
subtitle; and
``(2) perform the duties specified in subsection (f) and,
if applicable, subsection (g).
``(b) No Requirement To Be a Legal Entity.--An entity may
be established to serve as a collaborative applicant under
this section without being a legal entity.
``(c) Remedial Action.--If the Secretary finds that a
collaborative applicant for a geographic area does not meet
the requirements of this section, or if there is no
collaborative applicant for a geographic area, the Secretary
may take remedial action to ensure fair distribution of grant
amounts under subtitle C to eligible entities within that
area. Such measures may include designating another body as a
collaborative applicant, or permitting other eligible
entities to apply directly for grants.
``(d) Construction.--Nothing in this section shall be
construed to displace conflict of interest or government fair
practices laws, or their equivalent, that govern applicants
for grant amounts under subtitles B and C.
``(e) Appointment of Agent.--
``(1) In general.--Subject to paragraph (2), a
collaborative applicant may designate an agent to--
``(A) apply for a grant under section 422(c);
``(B) receive and distribute grant funds awarded under
subtitle C; and
``(C) perform other administrative duties.
``(2) Retention of duties.--Any collaborative applicant
that designates an agent pursuant to paragraph (1) shall
regardless of such designation retain all of its duties and
responsibilities under this title.
``(f) Duties.--A collaborative applicant shall--
``(1) design a collaborative process for the development of
an application under subtitle C, and for evaluating the
outcomes of projects for which funds are awarded under
subtitle B, in such a manner as to provide information
necessary for the Secretary--
``(A) to determine compliance with--
``(i) the program requirements under section 426; and
``(ii) the selection criteria described under section 427;
and
``(B) to establish priorities for funding projects in the
geographic area involved;
``(2) participate in the Consolidated Plan for the
geographic area served by the collaborative applicant; and
``(3) ensure operation of, and consistent participation by,
project sponsors in a community-wide homeless management
information system (in this subsection referred to as `HMIS')
that--
``(A) collects unduplicated counts of individuals and
families experiencing homelessness;
``(B) analyzes patterns of use of assistance provided under
subtitles B and C for the geographic area involved;
``(C) provides information to project sponsors and
applicants for needs analyses and funding priorities; and
``(D) is developed in accordance with standards established
by the Secretary, including standards that provide for--
``(i) encryption of data collected for purposes of HMIS;
``(ii) documentation, including keeping an accurate
accounting, proper usage, and disclosure, of HMIS data;
``(iii) access to HMIS data by staff, contractors, law
enforcement, and academic researchers;
``(iv) rights of persons receiving services under this
title;
``(v) criminal and civil penalties for unlawful disclosure
of data; and
``(vi) such other standards as may be determined necessary
by the Secretary.
``(g) Unified Funding.--
``(1) In general.--In addition to the duties described in
subsection (f), a collaborative applicant shall receive from
the Secretary and distribute to other project sponsors in the
applicable geographic area funds for projects to be carried
out by such other project sponsors, if--
``(A) the collaborative applicant--
``(i) applies to undertake such collection and distribution
responsibilities in an application submitted under this
subtitle; and
``(ii) is selected to perform such responsibilities by the
Secretary; or
``(B) the Secretary designates the collaborative applicant
as the unified funding agency in the geographic area, after--
``(i) a finding by the Secretary that the applicant--
``(I) has the capacity to perform such responsibilities;
and
``(II) would serve the purposes of this Act as they apply
to the geographic area; and
``(ii) the Secretary provides the collaborative applicant
with the technical assistance necessary to perform such
responsibilities as such assistance is agreed to by the
collaborative applicant.
``(2) Required actions by a unified funding agency.--A
collaborative applicant that is either selected or designated
as a unified funding agency for a geographic area under
paragraph (1) shall--
``(A) require each project sponsor who is funded by a grant
received under subtitle C to establish such fiscal control
and fund accounting procedures as may be necessary to assure
the proper disbursal of, and accounting for, Federal funds
awarded to the project sponsor under subtitle C in order to
ensure that all financial transactions carried out under
subtitle C are conducted, and records maintained, in
accordance with generally accepted accounting principles; and
``(B) arrange for an annual survey, audit, or evaluation of
the financial records of each project carried out by a
project sponsor funded by a grant received under subtitle C.
``(h) Conflict of Interest.--No board member of a
collaborative applicant may participate in decisions of the
collaborative applicant concerning the award of a grant, or
provision of other financial benefits, to such member or the
organization that such member represents.''.
SEC. 1103. GENERAL PROVISIONS.
Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after
section 403 (as so redesignated by section 1101(2) of this
division) the following new sections:
``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.
``(a) In General.--After the expiration of the 2-year
period that begins upon the date of the enactment of the
Homeless Emergency Assistance and Rapid Transition to Housing
Act of 2009, and except as provided in subsection (b), any
project sponsor receiving funds under this title to provide
emergency shelter, transitional housing, or permanent housing
to families with children under age 18 shall not deny
admission to any family based on the age of any child under
age 18.
``(b) Exception.--Notwithstanding the requirement under
subsection (a), project
[[Page 12781]]
sponsors of transitional housing receiving funds under this
title may target transitional housing resources to families
with children of a specific age only if the project sponsor--
``(1) operates a transitional housing program that has a
primary purpose of implementing an evidence-based practice
that requires that housing units be targeted to families with
children in a specific age group; and
``(2) provides such assurances, as the Secretary shall
require, that an equivalent appropriate alternative living
arrangement for the whole family or household unit has been
secured.
``SEC. 405. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make available
technical assistance to private nonprofit organizations and
other nongovernmental entities, States, metropolitan cities,
urban counties, and counties that are not urban counties, to
implement effective planning processes for preventing and
ending homelessness, to improve their capacity to prepare
collaborative applications, to prevent the separation of
families in emergency shelter or other housing programs, and
to adopt and provide best practices in housing and services
for persons experiencing homeless.
``(b) Reservation.--The Secretary shall reserve not more
than 1 percent of the funds made available for any fiscal
year for carrying out subtitles B and C, to provide technical
assistance under subsection (a).''.
SEC. 1104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION
BY VICTIM SERVICE PROVIDERS.
Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding
provisions of this title, is further amended by adding at the
end the following new section:
``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION
BY VICTIM SERVICE PROVIDERS.
``In the course of awarding grants or implementing programs
under this title, the Secretary shall instruct any victim
service provider that is a recipient or subgrantee not to
disclose for purposes of the Homeless Management Information
System any personally identifying information about any
client. The Secretary may, after public notice and comment,
require or ask such recipients and subgrantees to disclose
for purposes of the Homeless Management Information System
non-personally identifying information that has been de-
identified, encrypted, or otherwise encoded. Nothing in this
section shall be construed to supersede any provision of any
Federal, State, or local law that provides greater protection
than this subsection for victims of domestic violence, dating
violence, sexual assault, or stalking.''.
SEC. 1105. AUTHORIZATION OF APPROPRIATIONS.
Subtitle A of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11361 et seq.), as amended by the preceding
provisions of this title, is further amended by adding at the
end the following new section:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $2,200,000,000 for fiscal year 2010 and such sums as
may be necessary for fiscal year 2011.''.
TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM
SEC. 1201. GRANT ASSISTANCE.
Subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle B--Emergency Solutions Grants Program'';
(2) by striking section 417 (42 U.S.C. 11377);
(3) by redesignating sections 413 through 416 (42 U.S.C.
11373-6) as sections 414 through 417, respectively; and
(4) by striking section 412 (42 U.S.C. 11372) and inserting
the following:
``SEC. 412. GRANT ASSISTANCE.
``The Secretary shall make grants to States and local
governments (and to private nonprofit organizations providing
assistance to persons experiencing homelessness or at risk of
homelessness, in the case of grants made with reallocated
amounts) for the purpose of carrying out activities described
in section 415.
``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.
``(a) In General.--Of the amount made available to carry
out this subtitle and subtitle C for a fiscal year, the
Secretary shall allocate nationally 20 percent of such amount
for activities described in section 415. The Secretary shall
be required to certify that such allocation will not
adversely affect the renewal of existing projects under this
subtitle and subtitle C for those individuals or families who
are homeless.
``(b) Allocation.--An entity that receives a grant under
section 412, and serves an area that includes 1 or more
geographic areas (or portions of such areas) served by
collaborative applicants that submit applications under
subtitle C, shall allocate the funds made available through
the grant to carry out activities described in section 415,
in consultation with the collaborative applicants.''; and
(5) in section 414(b) (42 U.S.C. 11373(b)), as so
redesignated by paragraph (3) of this section, by striking
``amounts appropriated'' and all that follows through ``for
any'' and inserting ``amounts appropriated under section 408
and made available to carry out this subtitle for any''.
SEC. 1202. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by
striking section 415 (42 U.S.C. 11374), as so redesignated by
section 1201(3) of this division, and inserting the following
new section:
``SEC. 415. ELIGIBLE ACTIVITIES.
``(a) In General.--Assistance provided under section 412
may be used for the following activities:
``(1) The renovation, major rehabilitation, or conversion
of buildings to be used as emergency shelters.
``(2) The provision of essential services related to
emergency shelter or street outreach, including services
concerned with employment, health, education, family support
services for homeless youth, substance abuse services, victim
services, or mental health services, if--
``(A) such essential services have not been provided by the
local government during any part of the immediately preceding
12-month period or the Secretary determines that the local
government is in a severe financial deficit; or
``(B) the use of assistance under this subtitle would
complement the provision of those essential services.
``(3) Maintenance, operation, insurance, provision of
utilities, and provision of furnishings related to emergency
shelter.
``(4) Provision of rental assistance to provide short-term
or medium-term housing to homeless individuals or families or
individuals or families at risk of homelessness. Such rental
assistance may include tenant-based or project-based rental
assistance.
``(5) Housing relocation or stabilization services for
homeless individuals or families or individuals or families
at risk of homelessness, including housing search, mediation
or outreach to property owners, legal services, credit
repair, providing security or utility deposits, utility
payments, rental assistance for a final month at a location,
assistance with moving costs, or other activities that are
effective at--
``(A) stabilizing individuals and families in their current
housing; or
``(B) quickly moving such individuals and families to other
permanent housing.
``(b) Maximum Allocation for Emergency Shelter
Activities.--A grantee of assistance provided under section
412 for any fiscal year may not use an amount of such
assistance for activities described in paragraphs (1) through
(3) of subsection (a) that exceeds the greater of--
``(1) 60 percent of the aggregate amount of such assistance
provided for the grantee for such fiscal year; or
``(2) the amount expended by such grantee for such
activities during fiscal year most recently completed before
the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009.''.
SEC. 1203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION
SYSTEM.
Section 416 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11375), as so redesignated by section 1201(3) of
this division, is amended by adding at the end the following
new subsection:
``(f) Participation in HMIS.--The Secretary shall ensure
that recipients of funds under this subtitle ensure the
consistent participation by emergency shelters and
homelessness prevention and rehousing programs in any
applicable community-wide homeless management information
system.''.
SEC. 1204. ADMINISTRATIVE PROVISION.
Section 418 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11378) is amended by striking ``5 percent'' and
inserting ``7.5 percent''.
SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES.
Not later than the expiration of the 12-month period
beginning on the date of the enactment of this division, the
Comptroller General of the United States shall--
(1) conduct a study to examine the appropriate
administrative costs for administering the program authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.); and
(2) submit to Congress a report on the findings of the
study required under paragraph (1).
TITLE III--CONTINUUM OF CARE PROGRAM
SEC. 1301. CONTINUUM OF CARE.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by striking the subtitle heading for subtitle C of
title IV (42 U.S.C. 11381 et seq.) and inserting the
following:
``Subtitle C--Continuum of Care Program''; and
(2) by striking sections 421 and 422 (42 U.S.C. 11381 and
11382) and inserting the following new sections:
``SEC. 421. PURPOSES.
``The purposes of this subtitle are--
``(1) to promote community-wide commitment to the goal of
ending homelessness;
[[Page 12782]]
``(2) to provide funding for efforts by nonprofit providers
and State and local governments to quickly rehouse homeless
individuals and families while minimizing the trauma and
dislocation caused to individuals, families, and communities
by homelessness;
``(3) to promote access to, and effective utilization of,
mainstream programs described in section 203(a)(7) and
programs funded with State or local resources; and
``(4) to optimize self-sufficiency among individuals and
families experiencing homelessness.
``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.
``(a) Projects.--The Secretary shall award grants, on a
competitive basis, and using the selection criteria described
in section 427, to carry out eligible activities under this
subtitle for projects that meet the program requirements
under section 426, either by directly awarding funds to
project sponsors or by awarding funds to unified funding
agencies.
``(b) Notification of Funding Availability.--The Secretary
shall release a notification of funding availability for
grants awarded under this subtitle for a fiscal year not
later than 3 months after the date of the enactment of the
appropriate Act making appropriations for the Department of
Housing and Urban Development for such fiscal year.
``(c) Applications.--
``(1) Submission to the secretary.--To be eligible to
receive a grant under subsection (a), a project sponsor or
unified funding agency in a geographic area shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require, and containing such information
as the Secretary determines necessary--
``(A) to determine compliance with the program requirements
and selection criteria under this subtitle; and
``(B) to establish priorities for funding projects in the
geographic area.
``(2) Announcement of awards.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall announce, within 5 months after the last
date for the submission of applications described in this
subsection for a fiscal year, the grants conditionally
awarded under subsection (a) for that fiscal year.
``(B) Transition.--For a period of up to 2 years beginning
after the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, the Secretary shall announce, within 6 months after the
last date for the submission of applications described in
this subsection for a fiscal year, the grants conditionally
awarded under subsection (a) for that fiscal year.
``(d) Obligation, Distribution, and Utilization of Funds.--
``(1) Requirements for obligation.--
``(A) In general.--Not later than 9 months after the
announcement referred to in subsection (c)(2), each recipient
or project sponsor shall meet all requirements for the
obligation of those funds, including site control, matching
funds, and environmental review requirements, except as
provided in subparagraphs (B) and (C).
``(B) Acquisition, rehabilitation, or construction.--Not
later than 24 months after the announcement referred to in
subsection (c)(2), each recipient or project sponsor seeking
the obligation of funds for acquisition of housing,
rehabilitation of housing, or construction of new housing for
a grant announced under subsection (c)(2) shall meet all
requirements for the obligation of those funds, including
site control, matching funds, and environmental review
requirements.
``(C) Extensions.--At the discretion of the Secretary, and
in compelling circumstances, the Secretary may extend the
date by which a recipient or project sponsor shall meet the
requirements described in subparagraphs (A) and (B) if the
Secretary determines that compliance with the requirements
was delayed due to factors beyond the reasonable control of
the recipient or project sponsor. Such factors may include
difficulties in obtaining site control for a proposed
project, completing the process of obtaining secure financing
for the project, obtaining approvals from State or local
governments, or completing the technical submission
requirements for the project.
``(2) Obligation.--Not later than 45 days after a recipient
or project sponsor meets the requirements described in
paragraph (1), the Secretary shall obligate the funds for the
grant involved.
``(3) Distribution.--A recipient that receives funds
through such a grant--
``(A) shall distribute the funds to project sponsors (in
advance of expenditures by the project sponsors); and
``(B) shall distribute the appropriate portion of the funds
to a project sponsor not later than 45 days after receiving a
request for such distribution from the project sponsor.
``(4) Expenditure of funds.--The Secretary may establish a
date by which funds made available through a grant announced
under subsection (c)(2) for a homeless assistance project
shall be entirely expended by the recipient or project
sponsors involved. The date established under this paragraph
shall not occur before the expiration of the 24-month period
beginning on the date that funds are obligated for activities
described under paragraphs (1) or (2) of section 423(a). The
Secretary shall recapture the funds not expended by such
date. The Secretary shall reallocate the funds for another
homeless assistance and prevention project that meets the
requirements of this subtitle to be carried out, if possible
and appropriate, in the same geographic area as the area
served through the original grant.
``(e) Renewal Funding for Unsuccessful Applicants.--The
Secretary may renew funding for a specific project previously
funded under this subtitle that the Secretary determines
meets the purposes of this subtitle, and was included as part
of a total application that met the criteria of subsection
(c), even if the application was not selected to receive
grant assistance. The Secretary may renew the funding for a
period of not more than 1 year, and under such conditions as
the Secretary determines to be appropriate.
``(f) Considerations in Determining Renewal Funding.--When
providing renewal funding for leasing, operating costs, or
rental assistance for permanent housing, the Secretary shall
make adjustments proportional to increases in the fair market
rents in the geographic area.
``(g) More Than 1 Application for a Geographic Area.--If
more than 1 collaborative applicant applies for funds for a
geographic area, the Secretary shall award funds to the
collaborative applicant with the highest score based on the
selection criteria set forth in section 427.
``(h) Appeals.--
``(1) In general.--The Secretary shall establish a timely
appeal procedure for grant amounts awarded or denied under
this subtitle pursuant to a collaborative application or solo
application for funding.
``(2) Process.--The Secretary shall ensure that the
procedure permits appeals submitted by entities carrying out
homeless housing and services projects (including emergency
shelters and homelessness prevention programs), and all other
applicants under this subtitle.
``(i) Solo Applicants.--A solo applicant may submit an
application to the Secretary for a grant under subsection (a)
and be awarded such grant on the same basis as such grants
are awarded to other applicants based on the criteria
described in section 427, but only if the Secretary
determines that the solo applicant has attempted to
participate in the continuum of care process but was not
permitted to participate in a reasonable manner. The
Secretary may award such grants directly to such applicants
in a manner determined to be appropriate by the Secretary.
``(j) Flexibility To Serve Persons Defined as Homeless
Under Other Federal Laws.--
``(1) In general.--A collaborative applicant may use not
more than 10 percent of funds awarded under this subtitle
(continuum of care funding) for any of the types of eligible
activities specified in paragraphs (1) through (7) of section
423(a) to serve families with children and youth defined as
homeless under other Federal statutes, or homeless families
with children and youth defined as homeless under section
103(a)(6), but only if the applicant demonstrates that the
use of such funds is of an equal or greater priority or is
equally or more cost effective in meeting the overall goals
and objectives of the plan submitted under section
427(b)(1)(B), especially with respect to children and
unaccompanied youth.
``(2) Limitations.--The 10 percent limitation under
paragraph (1) shall not apply to collaborative applicants in
which the rate of homelessness, as calculated in the most
recent point in time count, is less than one-tenth of 1
percent of total population.
``(3) Treatment of certain populations.--
``(A) In general.--Notwithstanding section 103(a) and
subject to subparagraph (B), funds awarded under this
subtitle may be used for eligible activities to serve
unaccompanied youth and homeless families and children
defined as homeless under section 103(a)(6) only pursuant to
paragraph (1) of this subsection and such families and
children shall not otherwise be considered as homeless for
purposes of this subtitle.
``(B) At risk of homelessness.--Subparagraph (A) may not be
construed to prevent any unaccompanied youth and homeless
families and children defined as homeless under section
103(a)(6) from qualifying for, and being treated for purposes
of this subtitle as, at risk of homelessness or from
eligibility for any projects, activities, or services carried
out using amounts provided under this subtitle for which
individuals or families that are at risk of homelessness are
eligible.''.
SEC. 1302. ELIGIBLE ACTIVITIES.
The McKinney-Vento Homeless Assistance Act is amended by
striking section 423 (42 U.S.C. 11383) and inserting the
following new section:
``SEC. 423. ELIGIBLE ACTIVITIES.
``(a) In General.--Grants awarded under section 422 to
qualified applicants shall be used to carry out projects that
serve homeless individuals or families that consist of one or
more of the following eligible activities:
[[Page 12783]]
``(1) Construction of new housing units to provide
transitional or permanent housing.
``(2) Acquisition or rehabilitation of a structure to
provide transitional or permanent housing, other than
emergency shelter, or to provide supportive services.
``(3) Leasing of property, or portions of property, not
owned by the recipient or project sponsor involved, for use
in providing transitional or permanent housing, or providing
supportive services.
``(4) Provision of rental assistance to provide
transitional or permanent housing to eligible persons. The
rental assistance may include tenant-based, project-based, or
sponsor-based rental assistance. Project-based rental
assistance, sponsor-based rental assistance, and operating
cost assistance contracts carried out by project sponsors
receiving grants under this section may, at the discretion of
the applicant and the project sponsor, have an initial term
of 15 years, with assistance for the first 5 years paid with
funds authorized for appropriation under this Act, and
assistance for the remainder of the term treated as a renewal
of an expiring contract as provided in section 429. Project-
based rental assistance may include rental assistance to
preserve existing permanent supportive housing for homeless
individuals and families.
``(5) Payment of operating costs for housing units assisted
under this subtitle or for the preservation of housing that
will serve homeless individuals and families and for which
another form of assistance is expiring or otherwise no longer
available.
``(6) Supportive services for individuals and families who
are currently homeless, who have been homeless in the prior
six months but are currently residing in permanent housing,
or who were previously homeless and are currently residing in
permanent supportive housing.
``(7) Provision of rehousing services, including housing
search, mediation or outreach to property owners, credit
repair, providing security or utility deposits, rental
assistance for a final month at a location, assistance with
moving costs, or other activities that--
``(A) are effective at moving homeless individuals and
families immediately into housing; or
``(B) may benefit individuals and families who in the prior
6 months have been homeless, but are currently residing in
permanent housing.
``(8) In the case of a collaborative applicant that is a
legal entity, performance of the duties described under
section 402(f)(3).
``(9) Operation of, participation in, and ensuring
consistent participation by project sponsors in, a community-
wide homeless management information system.
``(10) In the case of a collaborative applicant that is a
legal entity, payment of administrative costs related to
meeting the requirements described in paragraphs (1) and (2)
of section 402(f), for which the collaborative applicant may
use not more than 3 percent of the total funds made available
in the geographic area under this subtitle for such costs.
``(11) In the case of a collaborative applicant that is a
unified funding agency under section 402(g), payment of
administrative costs related to meeting the requirements of
that section, for which the unified funding agency may use
not more than 3 percent of the total funds made available in
the geographic area under this subtitle for such costs, in
addition to funds used under paragraph (10).
``(12) Payment of administrative costs to project sponsors,
for which each project sponsor may use not more than 10
percent of the total funds made available to that project
sponsor through this subtitle for such costs.
``(b) Minimum Grant Terms.--The Secretary may impose
minimum grant terms of up to 5 years for new projects
providing permanent housing.
``(c) Use Restrictions.--
``(1) Acquisition, rehabilitation, and new construction.--A
project that consists of activities described in paragraph
(1) or (2) of subsection (a) shall be operated for the
purpose specified in the application submitted for the
project under section 422 for not less than 15 years.
``(2) Other activities.--A project that consists of
activities described in any of paragraphs (3) through (12) of
subsection (a) shall be operated for the purpose specified in
the application submitted for the project under section 422
for the duration of the grant period involved.
``(3) Conversion.--If the recipient or project sponsor
carrying out a project that provides transitional or
permanent housing submits a request to the Secretary to carry
out instead a project for the direct benefit of low-income
persons, and the Secretary determines that the initial
project is no longer needed to provide transitional or
permanent housing, the Secretary may approve the project
described in the request and authorize the recipient or
project sponsor to carry out that project.
``(d) Repayment of Assistance and Prevention of Undue
Benefits.--
``(1) Repayment.--If a recipient or project sponsor
receives assistance under section 422 to carry out a project
that consists of activities described in paragraph (1) or (2)
of subsection (a) and the project ceases to provide
transitional or permanent housing--
``(A) earlier than 10 years after operation of the project
begins, the Secretary shall require the recipient or project
sponsor to repay 100 percent of the assistance; or
``(B) not earlier than 10 years, but earlier than 15 years,
after operation of the project begins, the Secretary shall
require the recipient or project sponsor to repay 20 percent
of the assistance for each of the years in the 15-year period
for which the project fails to provide that housing.
``(2) Prevention of undue benefits.--Except as provided in
paragraph (3), if any property is used for a project that
receives assistance under subsection (a) and consists of
activities described in paragraph (1) or (2) of subsection
(a), and the sale or other disposition of the property occurs
before the expiration of the 15-year period beginning on the
date that operation of the project begins, the recipient or
project sponsor who received the assistance shall comply with
such terms and conditions as the Secretary may prescribe to
prevent the recipient or project sponsor from unduly
benefitting from such sale or disposition.
``(3) Exception.--A recipient or project sponsor shall not
be required to make the repayments, and comply with the terms
and conditions, required under paragraph (1) or (2) if--
``(A) the sale or disposition of the property used for the
project results in the use of the property for the direct
benefit of very low-income persons;
``(B) all of the proceeds of the sale or disposition are
used to provide transitional or permanent housing meeting the
requirements of this subtitle;
``(C) project-based rental assistance or operating cost
assistance from any Federal program or an equivalent State or
local program is no longer made available and the project is
meeting applicable performance standards, provided that the
portion of the project that had benefitted from such
assistance continues to meet the tenant income and rent
restrictions for low-income units under section 42(g) of the
Internal Revenue Code of 1986; or
``(D) there are no individuals and families in the
geographic area who are homeless, in which case the project
may serve individuals and families at risk of homelessness.
``(e) Staff Training.--The Secretary may allow reasonable
costs associated with staff training to be included as part
of the activities described in subsection (a).
``(f) Eligibility for Permanent Housing.--Any project that
receives assistance under subsection (a) and that provides
project-based or sponsor-based permanent housing for homeless
individuals or families with a disability, including projects
that meet the requirements of subsection (a) and subsection
(d)(2)(A) of section 428 may also serve individuals who had
previously met the requirements for such project prior to
moving into a different permanent housing project.
``(g) Administration of Rental Assistance.--Provision of
permanent housing rental assistance shall be administered by
a State, unit of general local government, or public housing
agency.''.
SEC. 1303. HIGH PERFORMING COMMUNITIES.
The McKinney-Vento Homeless Assistance Act is amended by
striking section 424 (42 U.S.C. 11384) and inserting the
following:
``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.
``(a) Designation as a High-Performing Community.--
``(1) In general.--The Secretary shall designate, on an
annual basis, which collaborative applicants represent high-
performing communities.
``(2) Consideration.--In determining whether to designate a
collaborative applicant as a high-performing community under
paragraph (1), the Secretary shall establish criteria to
ensure that the requirements described under paragraphs
(1)(B) and (2)(B) of subsection (d) are measured by comparing
homeless individuals and families under similar
circumstances, in order to encourage projects in the
geographic area to serve homeless individuals and families
with more severe barriers to housing stability.
``(3) 2-year phase in.--In each of the first 2 years after
the effective date under section 1503 of the Homeless
Emergency Assistance and Rapid Transition to Housing Act of
2009, the Secretary shall designate not more than 10
collaborative applicants as high-performing communities.
``(4) Excess of qualified applicants.--If, during the 2-
year period described under paragraph (2), more than 10
collaborative applicants could qualify to be designated as
high-performing communities, the Secretary shall designate
the 10 that have, in the discretion of the Secretary, the
best performance based on the criteria described under
subsection (d).
``(5) Time limit on designation.--The designation of any
collaborative applicant as a high-performing community under
this subsection shall be effective only for the year in which
such designation is made. The Secretary, on an annual basis,
may renew any such designation.
``(b) Application.--
[[Page 12784]]
``(1) In general.--A collaborative applicant seeking
designation as a high-performing community under subsection
(a) shall submit an application to the Secretary at such
time, and in such manner as the Secretary may require.
``(2) Content of application.--In any application submitted
under paragraph (1), a collaborative applicant shall include
in such application--
``(A) a report showing how any money received under this
subtitle in the preceding year was expended; and
``(B) information that such applicant can meet the
requirements described under subsection (d).
``(3) Publication of application.--The Secretary shall--
``(A) publish any report or information submitted in an
application under this section in the geographic area
represented by the collaborative applicant; and
``(B) seek comments from the public as to whether the
collaborative applicant seeking designation as a high-
performing community meets the requirements described under
subsection (d).
``(c) Use of Funds.--Funds awarded under section 422(a) to
a project sponsor who is located in a high-performing
community may be used--
``(1) for any of the eligible activities described in
section 423; or
``(2) for any of the eligible activities described in
paragraphs (4) and (5) of section 415(a).
``(d) Definition of High-Performing Community.--For
purposes of this section, the term `high-performing
community' means a geographic area that demonstrates through
reliable data that all five of the following requirements are
met for that geographic area:
``(1) Term of homelessness.--The mean length of episodes of
homelessness for that geographic area--
``(A) is less than 20 days; or
``(B) for individuals and families in similar circumstances
in the preceding year was at least 10 percent less than in
the year before.
``(2) Families leaving homelessness.--Of individuals and
families--
``(A) who leave homelessness, fewer than 5 percent of such
individuals and families become homeless again at any time
within the next 2 years; or
``(B) in similar circumstances who leave homelessness, the
percentage of such individuals and families who become
homeless again within the next 2 years has decreased by at
least 20 percent from the preceding year.
``(3) Community action.--The communities that compose the
geographic area have--
``(A) actively encouraged homeless individuals and families
to participate in homeless assistance services available in
that geographic area; and
``(B) included each homeless individual or family who
sought homeless assistance services in the data system used
by that community for determining compliance with this
subsection.
``(4) Effectiveness of previous activities.--If recipients
in the geographic area have used funding awarded under
section 422(a) for eligible activities described under
section 415(a) in previous years based on the authority
granted under subsection (c), that such activities were
effective at reducing the number of individuals and families
who became homeless in that community.
``(5) Flexibility to serve persons defined as homeless
under other federal laws.--With respect to collaborative
applicants exercising the authority under section 422(j) to
serve homeless families with children and youth defined as
homeless under other Federal statutes, effectiveness in
achieving the goals and outcomes identified in subsection
427(b)(1)(F) according to such standards as the Secretary
shall promulgate.
``(e) Cooperation Among Entities.--A collaborative
applicant designated as a high-performing community under
this section shall cooperate with the Secretary in
distributing information about successful efforts within the
geographic area represented by the collaborative applicant to
reduce homelessness.''.
SEC. 1304. PROGRAM REQUIREMENTS.
Section 426 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11386) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Site Control.--The Secretary shall require that each
application include reasonable assurances that the applicant
will own or have control of a site for the proposed project
not later than the expiration of the 12-month period
beginning upon notification of an award for grant assistance,
unless the application proposes providing supportive housing
assistance under section 423(a)(3) or housing that will
eventually be owned or controlled by the families and
individuals served. An applicant may obtain ownership or
control of a suitable site different from the site specified
in the application. If any recipient or project sponsor fails
to obtain ownership or control of the site within 12 months
after notification of an award for grant assistance, the
grant shall be recaptured and reallocated under this
subtitle.
``(b) Required Agreements.--The Secretary may not provide
assistance for a proposed project under this subtitle unless
the collaborative applicant involved agrees--
``(1) to ensure the operation of the project in accordance
with the provisions of this subtitle;
``(2) to monitor and report to the Secretary the progress
of the project;
``(3) to ensure, to the maximum extent practicable, that
individuals and families experiencing homelessness are
involved, through employment, provision of volunteer
services, or otherwise, in constructing, rehabilitating,
maintaining, and operating facilities for the project and in
providing supportive services for the project;
``(4) to require certification from all project sponsors
that--
``(A) they will maintain the confidentiality of records
pertaining to any individual or family provided family
violence prevention or treatment services through the
project;
``(B) that the address or location of any family violence
shelter project assisted under this subtitle will not be made
public, except with written authorization of the person
responsible for the operation of such project;
``(C) they will establish policies and practices that are
consistent with, and do not restrict the exercise of rights
provided by, subtitle B of title VII, and other laws relating
to the provision of educational and related services to
individuals and families experiencing homelessness;
``(D) in the case of programs that provide housing or
services to families, they will designate a staff person to
be responsible for ensuring that children being served in the
program are enrolled in school and connected to appropriate
services in the community, including early childhood programs
such as Head Start, part C of the Individuals with
Disabilities Education Act, and programs authorized under
subtitle B of title VII of this Act(42 U.S.C. 11431 et seq.);
and
``(E) they will provide data and reports as required by the
Secretary pursuant to the Act;
``(5) if a collaborative applicant is a unified funding
agency under section 402(g) and receives funds under subtitle
C to carry out the payment of administrative costs described
in section 423(a)(11), to establish such fiscal control and
fund accounting procedures as may be necessary to assure the
proper disbursal of, and accounting for, such funds in order
to ensure that all financial transactions carried out with
such funds are conducted, and records maintained, in
accordance with generally accepted accounting principles;
``(6) to monitor and report to the Secretary the provision
of matching funds as required by section 430;
``(7) to take the educational needs of children into
account when families are placed in emergency or transitional
shelter and will, to the maximum extent practicable, place
families with children as close as possible to their school
of origin so as not to disrupt such children's education; and
``(8) to comply with such other terms and conditions as the
Secretary may establish to carry out this subtitle in an
effective and efficient manner.'';
(2) by redesignating subsection (d) as subsection (c);
(3) in the first sentence of subsection (c) (as so
redesignated by paragraph (2) of this subsection), by
striking ``recipient'' and inserting ``recipient or project
sponsor'';
(4) by striking subsection (e);
(5) by redesignating subsections (f), (g), and (h), as
subsections (d), (e), and (f), respectively;
(6) in the first sentence of subsection (e) (as so
redesignated by paragraph (5) of this section), by striking
``recipient'' each place it appears and inserting ``recipient
or project sponsor'';
(7) by striking subsection (i); and
(8) by redesignating subsection (j) as subsection (g).
SEC. 1305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND
FUNDING.
The McKinney-Vento Homeless Assistance Act is amended--
(1) by repealing section 429 (42 U.S.C. 11389); and
(2) by redesignating sections 427 and 428 (42 U.S.C. 11387,
11388) as sections 432 and 433, respectively; and
(3) by inserting after section 426 the following new
sections:
``SEC. 427. SELECTION CRITERIA.
``(a) In General.--The Secretary shall award funds to
recipients through a national competition between geographic
areas based on criteria established by the Secretary.
``(b) Required Criteria.--
``(1) In general.--The criteria established under
subsection (a) shall include--
``(A) the previous performance of the recipient regarding
homelessness, including performance related to funds provided
under section 412 (except that recipients applying from
geographic areas where no funds have been awarded under this
subtitle, or under subtitles C, D, E, or F of title IV of
this Act, as in effect prior to the date of the enactment of
the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, shall receive full credit for
performance under this subparagraph), measured by criteria
that shall be announced by the Secretary, that shall take
into account barriers
[[Page 12785]]
faced by individual homeless people, and that shall include--
``(i) the length of time individuals and families remain
homeless;
``(ii) the extent to which individuals and families who
leave homelessness experience additional spells of
homelessness;
``(iii) the thoroughness of grantees in the geographic area
in reaching homeless individuals and families;
``(iv) overall reduction in the number of homeless
individuals and families;
``(v) jobs and income growth for homeless individuals and
families;
``(vi) success at reducing the number of individuals and
families who become homeless;
``(vii) other accomplishments by the recipient related to
reducing homelessness; and
``(viii) for collaborative applicants that have exercised
the authority under section 422(j) to serve families with
children and youth defined as homeless under other Federal
statutes, success in achieving the goals and outcomes
identified in section 427(b)(1)(F);
``(B) the plan of the recipient, which shall describe--
``(i) how the number of individuals and families who become
homeless will be reduced in the community;
``(ii) how the length of time that individuals and families
remain homeless will be reduced;
``(iii) how the recipient will collaborate with local
education authorities to assist in the identification of
individuals and families who become or remain homeless and
are informed of their eligibility for services under subtitle
B of title VII of this Act (42 U.S.C. 11431 et seq.);
``(iv) the extent to which the recipient will--
``(I) address the needs of all relevant subpopulations;
``(II) incorporate comprehensive strategies for reducing
homelessness, including the interventions referred to in
section 428(d);
``(III) set quantifiable performance measures;
``(IV) set timelines for completion of specific tasks;
``(V) identify specific funding sources for planned
activities; and
``(VI) identify an individual or body responsible for
overseeing implementation of specific strategies; and
``(v) whether the recipient proposes to exercise authority
to use funds under section 422(j), and if so, how the
recipient will achieve the goals and outcomes identified in
section 427(b)(1)(F);
``(C) the methodology of the recipient used to determine
the priority for funding local projects under section
422(c)(1), including the extent to which the priority-setting
process--
``(i) uses periodically collected information and analysis
to determine the extent to which each project has resulted in
rapid return to permanent housing for those served by the
project, taking into account the severity of barriers faced
by the people the project serves;
``(ii) considers the full range of opinions from
individuals or entities with knowledge of homelessness in the
geographic area or an interest in preventing or ending
homelessness in the geographic area;
``(iii) is based on objective criteria that have been
publicly announced by the recipient; and
``(iv) is open to proposals from entities that have not
previously received funds under this subtitle;
``(D) the extent to which the amount of assistance to be
provided under this subtitle to the recipient will be
supplemented with resources from other public and private
sources, including mainstream programs identified by the
Government Accountability Office in the two reports described
in section 203(a)(7);
``(E) demonstrated coordination by the recipient with the
other Federal, State, local, private, and other entities
serving individuals and families experiencing homelessness
and at risk of homelessness in the planning and operation of
projects;
``(F) for collaborative applicants exercising the authority
under section 422(j) to serve homeless families with children
and youth defined as homeless under other Federal statutes,
program goals and outcomes, which shall include--
``(i) preventing homelessness among the subset of such
families with children and youth who are at highest risk of
becoming homeless, as such term is defined for purposes of
this title; or
``(ii) achieving independent living in permanent housing
among such families with children and youth, especially those
who have a history of doubled-up and other temporary housing
situations or are living in a temporary housing situation due
to lack of available and appropriate emergency shelter,
through the provision of eligible assistance that directly
contributes to achieving such results including assistance to
address chronic disabilities, chronic physical health or
mental health conditions, substance addiction, histories of
domestic violence or childhood abuse, or multiple barriers to
employment; and
``(G) such other factors as the Secretary determines to be
appropriate to carry out this subtitle in an effective and
efficient manner.
``(2) Additional criteria.--In addition to the criteria
required under paragraph (1), the criteria established under
paragraph (1) shall also include the need within the
geographic area for homeless services, determined as follows
and under the following conditions:
``(A) Notice.--The Secretary shall inform each
collaborative applicant, at a time concurrent with the
release of the notice of funding availability for the grants,
of the pro rata estimated grant amount under this subtitle
for the geographic area represented by the collaborative
applicant.
``(B) Amount.--
``(i) Formula.--Such estimated grant amounts shall be
determined by a formula, which shall be developed by the
Secretary, by regulation, not later than the expiration of
the 2-year period beginning upon the date of the enactment of
the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, that is based upon factors that are
appropriate to allocate funds to meet the goals and
objectives of this subtitle.
``(ii) Combinations or consortia.--For a collaborative
applicant that represents a combination or consortium of
cities or counties, the estimated need amount shall be the
sum of the estimated need amounts for the cities or counties
represented by the collaborative applicant.
``(iii) Authority of secretary.--Subject to the
availability of appropriations, the Secretary shall increase
the estimated need amount for a geographic area if necessary
to provide 1 year of renewal funding for all expiring
contracts entered into under this subtitle for the geographic
area.
``(3) Homelessness counts.--The Secretary shall not require
that communities conduct an actual count of homeless people
other than those described in paragraphs (1) through (4) of
section 103(a) of this Act (42 U.S.C. 11302(a)).
``(c) Adjustments.--The Secretary may adjust the formula
described in subsection (b)(2) as necessary--
``(1) to ensure that each collaborative applicant has
sufficient funding to renew all qualified projects for at
least one year; and
``(2) to ensure that collaborative applicants are not
discouraged from replacing renewal projects with new projects
that the collaborative applicant determines will better be
able to meet the purposes of this Act.
``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC
ELIGIBLE ACTIVITIES.
``(a) Minimum Allocation for Permanent Housing for Homeless
Individuals and Families With Disabilities.--
``(1) In general.--From the amounts made available to carry
out this subtitle for a fiscal year, a portion equal to not
less than 30 percent of the sums made available to carry out
subtitle B and this subtitle, shall be used for permanent
housing for homeless individuals with disabilities and
homeless families that include such an individual who is an
adult or a minor head of household if no adult is present in
the household.
``(2) Calculation.--In calculating the portion of the
amount described in paragraph (1) that is used for activities
that are described in paragraph (1), the Secretary shall not
count funds made available to renew contracts for existing
projects under section 429.
``(3) Adjustment.--The 30 percent figure in paragraph (1)
shall be reduced proportionately based on need under section
427(b)(2) in geographic areas for which subsection (e)
applies in regard to subsection (d)(2)(A).
``(4) Suspension.--The requirement established in paragraph
(1) shall be suspended for any year in which funding
available for grants under this subtitle after making the
allocation established in paragraph (1) would not be
sufficient to renew for 1 year all existing grants that would
otherwise be fully funded under this subtitle.
``(5) Termination.--The requirement established in
paragraph (1) shall terminate upon a finding by the Secretary
that since the beginning of 2001 at least 150,000 new units
of permanent housing for homeless individuals and families
with disabilities have been funded under this subtitle.
``(b) Set-Aside for Permanent Housing for Homeless Families
With Children.--From the amounts made available to carry out
this subtitle for a fiscal year, a portion equal to not less
than 10 percent of the sums made available to carry out
subtitle B and this subtitle for that fiscal year shall be
used to provide or secure permanent housing for homeless
families with children.
``(c) Treatment of Amounts for Permanent or Transitional
Housing.--Nothing in this Act may be construed to establish a
limit on the amount of funding that an applicant may request
under this subtitle for acquisition, construction, or
rehabilitation activities for the development of permanent
housing or transitional housing.
``(d) Incentives for Proven Strategies.--
``(1) In general.--The Secretary shall provide bonuses or
other incentives to geographic areas for using funding under
this subtitle for activities that have been proven to be
effective at reducing homelessness generally, reducing
homelessness for a specific subpopulation, or achieving
homeless prevention and independent living goals as set forth
in section 427(b)(1)(F).
[[Page 12786]]
``(2) Rule of construction.--For purposes of this
subsection, activities that have been proven to be effective
at reducing homelessness generally or reducing homelessness
for a specific subpopulation includes--
``(A) permanent supportive housing for chronically homeless
individuals and families;
``(B) for homeless families, rapid rehousing services,
short-term flexible subsidies to overcome barriers to
rehousing, support services concentrating on improving
incomes to pay rent, coupled with performance measures
emphasizing rapid and permanent rehousing and with leveraging
funding from mainstream family service systems such as
Temporary Assistance for Needy Families and Child Welfare
services; and
``(C) any other activity determined by the Secretary, based
on research and after notice and comment to the public, to
have been proven effective at reducing homelessness
generally, reducing homelessness for a specific
subpopulation, or achieving homeless prevention and
independent living goals as set forth in section
427(b)(1)(F).
``(3) Balance of incentives for proven strategies.--To the
extent practicable, in providing bonuses or incentives for
proven strategies, the Secretary shall seek to maintain a
balance among strategies targeting homeless individuals,
families, and other subpopulations. The Secretary shall not
implement bonuses or incentives that specifically discourage
collaborative applicants from exercising their flexibility to
serve families with children and youth defined as homeless
under other Federal statutes.
``(e) Incentives for Successful Implementation of Proven
Strategies.--If any geographic area demonstrates that it has
fully implemented any of the activities described in
subsection (d) for all homeless individuals and families or
for all members of subpopulations for whom such activities
are targeted, that geographic area shall receive the bonus or
incentive provided under subsection (d), but may use such
bonus or incentive for any eligible activity under either
section 423 or paragraphs (4) and (5) of section 415(a) for
homeless people generally or for the relevant subpopulation.
``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR
PERMANENT HOUSING.
``(a) In General.--Renewal of expiring contracts for
leasing, rental assistance, or operating costs for permanent
housing contracts may be funded either--
``(1) under the appropriations account for this title; or
``(2) the section 8 project-based rental assistance
account.
``(b) Renewals.--The sums made available under subsection
(a) shall be available for the renewal of contracts in the
case of tenant-based assistance, successive 1-year terms, and
in the case of project-based assistance, successive terms of
up to 15 years at the discretion of the applicant or project
sponsor and subject to the availability of annual
appropriations, for rental assistance and housing operation
costs associated with permanent housing projects funded under
this subtitle, or under subtitle C or F (as in effect on the
day before the effective date of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009). The
Secretary shall determine whether to renew a contract for
such a permanent housing project on the basis of
certification by the collaborative applicant for the
geographic area that--
``(1) there is a demonstrated need for the project; and
``(2) the project complies with program requirements and
appropriate standards of housing quality and habitability, as
determined by the Secretary.
``(c) Construction.--Nothing in this section shall be
construed as prohibiting the Secretary from renewing
contracts under this subtitle in accordance with criteria set
forth in a provision of this subtitle other than this
section.
``SEC. 430. MATCHING FUNDING.
``(a) In General.--A collaborative applicant in a
geographic area in which funds are awarded under this
subtitle shall specify contributions from any source other
than a grant awarded under this subtitle, including renewal
funding of projects assisted under subtitles C, D, and F of
this title as in effect before the effective date under
section 1503 of the Homeless Emergency Assistance and Rapid
Transition to Housing Act of 2009, that shall be made
available in the geographic area in an amount equal to not
less than 25 percent of the funds provided to recipients in
the geographic area, except that grants for leasing shall not
be subject to any match requirement.
``(b) Limitations on In-Kind Match.--The cash value of
services provided to the residents or clients of a project
sponsor by an entity other than the project sponsor may count
toward the contributions in subsection (a) only when
documented by a memorandum of understanding between the
project sponsor and the other entity that such services will
be provided.
``(c) Countable Activities.--The contributions required
under subsection (a) may consist of--
``(1) funding for any eligible activity described under
section 423; and
``(2) subject to subsection (b), in-kind provision of
services of any eligible activity described under section
423.
``SEC. 431. APPEAL PROCEDURE.
``(a) In General.--With respect to funding under this
subtitle, if certification of consistency with the
consolidated plan pursuant to section 403 is withheld from an
applicant who has submitted an application for that
certification, such applicant may appeal such decision to the
Secretary.
``(b) Procedure.--The Secretary shall establish a procedure
to process the appeals described in subsection (a).
``(c) Determination.--Not later than 45 days after the date
of receipt of an appeal described in subsection (a), the
Secretary shall determine if certification was unreasonably
withheld. If such certification was unreasonably withheld,
the Secretary shall review such application and determine if
such applicant shall receive funding under this subtitle.''.
SEC. 1306. RESEARCH.
There is authorized to be appropriated $8,000,000, for each
of fiscal years 2010 and 2011, for research into the efficacy
of interventions for homeless families, to be expended by the
Secretary of Housing and Urban Development over the 2 years
at 3 different sites to provide services for homeless
families and evaluate the effectiveness of such services.
TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM
SEC. 1401. RURAL HOUSING STABILITY ASSISTANCE.
Subtitle G of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11408 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle G--Rural Housing Stability Assistance Program''; and
(2) in section 491--
(A) by striking the section heading and inserting ``RURAL
HOUSING STABILITY GRANT PROGRAM.'';
(B) in subsection (a)--
(i) by striking ``rural homelessness grant program'' and
inserting ``rural housing stability grant program'';
(ii) by inserting ``in lieu of grants under subtitle C''
after ``eligible organizations''; and
(iii) by striking paragraphs (1), (2), and (3), and
inserting the following:
``(1) rehousing or improving the housing situations of
individuals and families who are homeless or in the worst
housing situations in the geographic area;
``(2) stabilizing the housing of individuals and families
who are in imminent danger of losing housing; and
``(3) improving the ability of the lowest-income residents
of the community to afford stable housing.'';
(C) in subsection (b)(1)--
(i) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (I), (J), and (K), respectively; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) construction of new housing units to provide
transitional or permanent housing to homeless individuals and
families and individuals and families at risk of
homelessness;
``(E) acquisition or rehabilitation of a structure to
provide supportive services or to provide transitional or
permanent housing, other than emergency shelter, to homeless
individuals and families and individuals and families at risk
of homelessness;
``(F) leasing of property, or portions of property, not
owned by the recipient or project sponsor involved, for use
in providing transitional or permanent housing to homeless
individuals and families and individuals and families at risk
of homelessness, or providing supportive services to such
homeless and at-risk individuals and families;
``(G) provision of rental assistance to provide
transitional or permanent housing to homeless individuals and
families and individuals and families at risk of
homelessness, such rental assistance may include tenant-based
or project-based rental assistance;
``(H) payment of operating costs for housing units assisted
under this title;'';
(D) in subsection (b)(2), by striking ``appropriated'' and
inserting ``transferred'';
(E) in subsection (c)--
(i) in paragraph (1)(A), by striking ``appropriated'' and
inserting ``transferred''; and
(ii) in paragraph (3), by striking ``appropriated'' and
inserting ``transferred'';
(F) in subsection (d)--
(i) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(ii) in paragraph (6)--
(I) by striking ``an agreement'' and all that follows
through ``families'' and inserting the following: ``a
description of how individuals and families who are homeless
or who have the lowest incomes in the community will be
involved by the organization''; and
(II) by striking the period at the end, and inserting a
semicolon; and
(iii) by adding at the end the following:
``(7) a description of consultations that took place within
the community to ascertain the most important uses for
funding under this section, including the involvement of
potential beneficiaries of the project; and
[[Page 12787]]
``(8) a description of the extent and nature of
homelessness and of the worst housing situations in the
community.'';
(G) by striking subsections (f) and (g) and inserting the
following:
``(f) Matching Funding.--
``(1) In general.--An organization eligible to receive a
grant under subsection (a) shall specify matching
contributions from any source other than a grant awarded
under this subtitle, that shall be made available in the
geographic area in an amount equal to not less than 25
percent of the funds provided for the project or activity,
except that grants for leasing shall not be subject to any
match requirement.
``(2) Limitations on in-kind match.--The cash value of
services provided to the beneficiaries or clients of an
eligible organization by an entity other than the
organization may count toward the contributions in paragraph
(1) only when documented by a memorandum of understanding
between the organization and the other entity that such
services will be provided.
``(3) Countable activities.--The contributions required
under paragraph (1) may consist of--
``(A) funding for any eligible activity described under
subsection (b); and
``(B) subject to paragraph (2), in-kind provision of
services of any eligible activity described under subsection
(b).
``(g) Selection Criteria.--The Secretary shall establish
criteria for selecting recipients of grants under subsection
(a), including--
``(1) the participation of potential beneficiaries of the
project in assessing the need for, and importance of, the
project in the community;
``(2) the degree to which the project addresses the most
harmful housing situations present in the community;
``(3) the degree of collaboration with others in the
community to meet the goals described in subsection (a);
``(4) the performance of the organization in improving
housing situations, taking account of the severity of
barriers of individuals and families served by the
organization;
``(5) for organizations that have previously received
funding under this section, the extent of improvement in
homelessness and the worst housing situations in the
community since such funding began;
``(6) the need for such funds, as determined by the formula
established under section 427(b)(2); and
``(7) any other relevant criteria as determined by the
Secretary.'';
(H) in subsection (h)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``The'' and inserting ``Not later than 18
months after funding is first made available pursuant to the
amendments made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009,
the''; and
(ii) in paragraph (1)(A), by striking ``providing housing
and other assistance to homeless persons'' and inserting
``meeting the goals described in subsection (a)'';
(iii) in paragraph (1)(B), by striking ``address
homelessness in rural areas'' and inserting ``meet the goals
described in subsection (a) in rural areas''; and
(iv) in paragraph (2)--
(I) by striking ``The'' and inserting ``Not later than 24
months after funding is first made available pursuant to the
amendment made by title IV of the Homeless Emergency
Assistance and Rapid Transition to Housing Act of 2009,
the'';
(II) by striking ``, not later than 18 months after the
date on which the Secretary first makes grants under the
program,''; and
(III) by striking ``prevent and respond to homelessness''
and inserting ``meet the goals described in subsection (a)'';
(I) in subsection (k)--
(i) in paragraph (1), by striking ``rural homelessness
grant program'' and inserting ``rural housing stability grant
program''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(II) in subparagraph (B)(ii), by striking ``rural census
tract.'' and inserting ``county where at least 75 percent of
the population is rural; or''; and
(III) by adding at the end the following:
``(C) any area or community, respectively, located in a
State that has population density of less than 30 persons per
square mile (as reported in the most recent decennial
census), and of which at least 1.25 percent of the total
acreage of such State is under Federal jurisdiction, provided
that no metropolitan city (as such term is defined in section
102 of the Housing and Community Development Act of 1974) in
such State is the sole beneficiary of the grant amounts
awarded under this section.'';
(J) in subsection (l)--
(i) by striking the subsection heading and inserting
``Program Funding.--''; and
(ii) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall determine the total
amount of funding attributable under section 427(b)(2) to
meet the needs of any geographic area in the Nation that
applies for funding under this section. The Secretary shall
transfer any amounts determined under this subsection from
the Community Homeless Assistance Program and consolidate
such transferred amounts for grants under this section,
except that the Secretary shall transfer an amount not less
than 5 percent of the amount available under subtitle C for
grants under this section. Any amounts so transferred and not
used for grants under this section due to an insufficient
number of applications shall be transferred to be used for
grants under subtitle C.''; and
(K) by adding at the end the following:
``(m) Determination of Funding Source.--For any fiscal
year, in addition to funds awarded under subtitle B, funds
under this title to be used in a city or county shall only be
awarded under either subtitle C or subtitle D.''.
SEC. 1402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE
IN RURAL AREAS.
(a) Study and Report.--Not later than the expiration of the
12-month period beginning on the date of the enactment of
this division, the Comptroller General of the United States
shall conduct a study to examine homelessness and homeless
assistance in rural areas and rural communities and submit a
report to the Congress on the findings and conclusion of the
study. The report shall contain the following matters:
(1) A general description of homelessness, including the
range of living situations among homeless individuals and
homeless families, in rural areas and rural communities of
the United States, including tribal lands and colonias.
(2) An estimate of the incidence and prevalence of
homelessness among individuals and families in rural areas
and rural communities of the United States.
(3) An estimate of the number of individuals and families
from rural areas and rural communities who migrate annually
to non-rural areas and non-rural communities for homeless
assistance.
(4) A description of barriers that individuals and families
in and from rural areas and rural communities encounter when
seeking to access homeless assistance programs, and
recommendations for removing such barriers.
(5) A comparison of the rate of homelessness among
individuals and families in and from rural areas and rural
communities compared to the rate of homelessness among
individuals and families in and from non-rural areas and non-
rural communities.
(6) A general description of homeless assistance for
individuals and families in rural areas and rural communities
of the United States.
(7) A description of barriers that homeless assistance
providers serving rural areas and rural communities encounter
when seeking to access Federal homeless assistance programs,
and recommendations for removing such barriers.
(8) An assessment of the type and amount of Federal
homeless assistance funds awarded to organizations serving
rural areas and rural communities and a determination as to
whether such amount is proportional to the distribution of
homeless individuals and families in and from rural areas and
rural communities compared to homeless individuals and
families in non-rural areas and non-rural communities.
(9) An assessment of the current roles of the Department of
Housing and Urban Development, the Department of Agriculture,
and other Federal departments and agencies in administering
homeless assistance programs in rural areas and rural
communities and recommendations for distributing Federal
responsibilities, including homeless assistance program
administration and grantmaking, among the departments and
agencies so that service organizations in rural areas and
rural communities are most effectively reached and supported.
(b) Acquisition of Supporting Information.--In carrying out
the study under this section, the Comptroller General shall
seek to obtain views from the following persons:
(1) The Secretary of Agriculture.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Education.
(5) The Secretary of Labor.
(6) The Secretary of Veterans Affairs.
(7) The Executive Director of the United States Interagency
Council on Homelessness.
(8) Project sponsors and recipients of homeless assistance
grants serving rural areas and rural communities.
(9) Individuals and families in or from rural areas and
rural communities who have sought or are seeking Federal
homeless assistance services.
(10) National advocacy organizations concerned with
homelessness, rural housing, and rural community development.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this division
TITLE V--REPEALS AND CONFORMING AMENDMENTS
SEC. 1501. REPEALS.
Subtitles D, E, and F of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et
seq., and 11403 et seq.) are hereby repealed.
[[Page 12788]]
SEC. 1502. CONFORMING AMENDMENTS.
(a) Consolidated Plan.--Section 403(1) of the McKinney-
Vento Homeless Assistance Act (as so redesignated by section
1101(2) of this division), is amended--
(1) by striking ``current housing affordability strategy''
and inserting ``consolidated plan''; and
(2) by inserting before the comma the following:
``(referred to in such section as a `comprehensive housing
affordability strategy')''.
(b) Persons Experiencing Homelessness.--Section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as
amended by the preceding provisions of this division, is
further amended by adding at the end the following new
subsection:
``(e) Persons Experiencing Homelessness.--Any references in
this Act to homeless individuals (including homeless persons)
or homeless groups (including homeless persons) shall be
considered to include, and to refer to, individuals
experiencing homelessness or groups experiencing
homelessness, respectively.''.
(c) Rural Housing Stability Assistance.--Title IV of the
McKinney-Vento Homeless Assistance Act is amended by
redesignating subtitle G (42 U.S.C. 11408 et seq.), as
amended by the preceding provisions of this division, as
subtitle D.
SEC. 1503. EFFECTIVE DATE.
Except as specifically provided otherwise in this division,
this division and the amendments made by this division shall
take effect on, and shall apply beginning on--
(1) the expiration of the 18-month period beginning on the
date of the enactment of this division, or
(2) the expiration of the 3-month period beginning upon
publication by the Secretary of Housing and Urban Development
of final regulations pursuant to section 1504,
whichever occurs first.
SEC. 1504. REGULATIONS.
(a) In General.--Not later than 12 months after the date of
the enactment of this division, the Secretary of Housing and
Urban Development shall promulgate regulations governing the
operation of the programs that are created or modified by
this division.
(b) Effective Date.--This section shall take effect on the
date of the enactment of this division.
SEC. 1505. AMENDMENT TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11301 note) is
amended by striking the item relating to the heading for
title IV and all that follows through the item relating to
section 492 and inserting the following new items:
``TITLE IV--HOUSING ASSISTANCE
``Subtitle A--General Provisions
``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim
service providers.
``Sec. 408. Authorization of appropriations.
``Subtitle B--Emergency Solutions Grants Program
``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.
``Subtitle C--Continuum of Care Program
``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible
activities.
``Sec. 429. Renewal funding and terms of assistance for permanent
housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.
``Subtitle D--Rural Housing Stability Assistance Program
``Sec. 491. Rural housing stability assistance.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless
persons and for turnkey housing.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Frank) and the gentlewoman from West Virginia (Mrs.
Capito) each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. FRANK of Massachusetts. Mr. Speaker, this is our sending back to
the Senate a version of a bill which we passed earlier this year. They
then passed the bill in a form very close to ours, but in a couple of
areas where we felt it important to insist on our original position and
also to include some things that came up in the interim from the
administration.
It has several purposes. One, it enhances the ability of the
executive branch to reduce the number of foreclosures. Last year
Congress passed the HOPE for Homeowners program, which we hoped was
going to reduce foreclosures. We didn't get it right. We had a good
general idea, but it was passed in a form that was not very usable.
We have learned from the experience, and we have a version here that
we think is going to work much better. It includes, for instance, at
the request of HUD, a provision that will allow them to deal with the
problem of second mortgages, which has been an interference in our
ability to get foreclosures. It also includes, as it did originally, a
very good version of the safe harbor for services. That was a
bipartisan idea of the gentleman from Pennsylvania (Mr. Kanjorski) and
the gentleman from Delaware (Mr. Castle) to encourage those who are in
charge of the mortgage process to act when it makes more sense to write
down the mortgage and avoid foreclosure. It gives them the legal
ability to do that and withstand frivolous lawsuits.
It also has some provisions in here that are very important to those
smaller financial institutions that are the lifeblood of our
communities and which have been unfairly tarnished in this most recent
debate over financial institutions.
Community banks and the Independent Community Bankers of America have
a letter here, which I will put into the Record, which supports this
bill.
Community banks were facing a significant increase in the assessment
they get for deposit insurance. That was true. And this bill will
extend the deposit insurance, which was temporarily at $250,000, and
makes it permanent. That's very important for the smaller banks. It has
to be paid for. But also there were problems with the larger banks who
got in trouble.
Absent this bill, community banks would have been facing a very
significant increase in their assessment. Because this bill gives the
FDIC borrowing authority, standby authority in case it's needed, they
will not have to raise the assessment. The FDIC has to be ready to act.
And if there was not the borrowing authority, they would have to raise
the assessment to have a pool of money available. They have been, under
Sheila Bair's leadership, a very thoughtful and responsible
organization. Borrowing authority we will do. It's in here.
Similarly, there was a problem that threatened a significant increase
in the assessment that our local credit unions would have to pay
because of the failure of some large credit unions. There's a pattern
here of the larger institutions' failure imposing costs on the smaller.
It's our job to prevent that from happening.
What we have here is a provision that the gentleman from Pennsylvania
(Mr. Kanjorski) has worked on. We worked with the National Credit Union
Administration. It provides a mechanism by which the significant
increased assessment on the credit union can be avoided. That's why the
National Credit Union Association has sent in a letter in support of
this.
We will, as I said, be reducing foreclosures and helping the mortgage
market. So the National Association of REALTORS has sent in a letter in
support of this. And because it is good for the banking industry in
general, the American Bankers Association has supported this.
Our major financial institution representatives support this bill. As
I said, it enhances our ability to reduce foreclosures. It averts
significant increases in assessments that would go to the credit unions
and the community banks. It also includes language which we have been
working on and this House had passed, and it was bipartisan in our
committee, improving the programs for the homeless.
[[Page 12789]]
We made several important compromises on that. The gentlewoman from
West Virginia who is here as the ranking member of the Housing
Subcommittee on our committee worked on this. We incorporated that in
this bill. So it is widely supported by people who are in the field of
the homeless. It is, in general, an important piece of legislation that
responds as well as we can to this foreclosure crisis.
Myself and a majority of the House clearly would have preferred if it
had included the authority of bankruptcy courts to reduce mortgages on
primary residences. We passed that in the House. It failed in the
Senate. Our colleague from California (Ms. Lofgren) and the chairman of
the Judiciary Committee, Mr. Conyers, and others made a very valiant
effort to resuscitate it. It was not possible. I regret that. I hope we
won't give up on that. I think it's a glaringly illogical and unfair
part of the law, but it would be a mistake, in my judgment, to allow
that failure to get the votes that we tried to get in the Senate to
stop the very many other important parts of the bill.
So, as I said, I move to suspend the rules. I hope we can send this
soon to the President. If we pass this bill, it will go to the Senate;
and I believe that the Senate will adopt it and send it on to the
President.
Independent Community
Bankers of America,
May 18, 2009.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives, Washington,
DC.
Hon. John A. Boehner,
Minority Leader, House of Representatives, Washington, DC.
RE S. 896, the Helping Families Save their Homes Act of 2009
Dear Speaker Pelosi and Minority Leader Boehner: The
Independent Community Bankers of America (ICBA), on behalf of
its 5,000 community bank members nationwide, are writing to
express our strong support for S. 896, the Helping Families
Save their Homes Act of 2009, which the House will consider
on the suspension calendar tomorrow. Several provisions in S.
896 are important to community bankers: the deposit insurance
provisions--including extending the increase in deposit
insurance coverage to $250,000, increasing the FDIC's
borrowing authority, making the assessments for the Temporary
Liquidity Guarantee Program more equitable--plus improvements
to the Hope for Homeowners Program (H4H).
Deposit Insurance
The Emergency Economic Stabilization Act temporarily
increased deposit insurance coverage from $100,000 to
$250,000. The additional coverage has enhanced community bank
liquidity and stability at this critical time. We are pleased
S. 896 would extend this increase. Community banks also
support provisions increasing the FDIC's authority to borrow
from the Treasury, if needed. The increased authority will
allow the FDIC to reduce its planned second quarter special
assessment on all banks, keeping vital capital within
community banks to support lending, while still ensuring an
adequately funded Deposit Insurance Fund. ICBA also supports
a provision to allow the FDIC to assess all financial
institutions, including holding companies, benefiting from
its Temporary Liquidity Guarantee Program, in the case of a
deficit in the program. Current law only permits assessments
against banks and thrifts.
Hope for Homeowners and Servicer Safe Harbor Provision
Community banks support improvements to the Hope for
Homeowners Program and the servicer safe harbor provisions
found in S. 896. ICBA agrees minimizing foreclosures is
essential to the effort to stabilize the U.S. economy.
Foreclosure is often a very lengthy, costly and destructive
process that puts downward pressure on the price of nearby
homes and has a devastating impact on families and
communities. The changes to the Hope for Homeowners Program
and the servicer safe harbor provision will foster more
voluntary loan modifications and are a positive step in
bringing stability to the mortgage and housing markets.
We strongly urge a yes vote for S. 896. Thank you for
considering our views.
Sincerely,
Camden R. Fine,
President and CEO.
____
American Bankers Association,
Washington, DC, May 19, 2009.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives, Washington,
DC.
Hon. John Boehner,
Republican Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Representative Boehner: I am
writing on behalf of the members of the American Bankers
Association in strong support of S. 896, the Helping Families
Save Their Homes Act of 2009, which will be considered by the
House today on the suspension calendar.
The legislation provides the Federal Deposit Insurance
Corporation (FDIC) with a much needed increase in its
borrowing authority, extends the period for the restoration
of the FDIC's deposit insurance fund from five to eight
years, and provides a temporary extension (through 2013) of
the FDIC's $250,000 deposit insurance limit.
The legislation also will make it easier for servicers to
modify loan agreements. It improves the Hope for Homeowners
Program to make it more accessible for lenders and better
able to help homeowners avoid foreclosures.
ABA urges the House to pass this very important
legislation. The increase in borrowing authority will enable
the FDIC to reduce the proposed special assessment on all
banks, thereby increasing funds available for lending in
local communities.
We look forward to working with you to have S. 896 enacted
into law as quickly as possible.
Sincerely,
Floyd E. Stoner.
____
Credit Union National Association,
Washington, DC, May 19, 2009.
Hon. Nancy Pelosi,
Speaker, House of Representatives, Washington, DC.
Hon. John Boehner,
Minority Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Ranking Member Boehner: On behalf
of the Credit Union National Association (CUNA), I am writing
in support of S. 896, the Helping Families Save Their Homes
Act. CUNA is the largest credit union trade association,
representing nearly 90% of America's 8,000 state and
federally chartered credit unions and their 92 million
members.
CUNA strongly supports S. 896, a bill that includes a
number of provisions aimed at helping credit unions continue
to help their members weather the financial crisis and
maintain member confidence in credit unions. Credit unions
consider this a critical vote.
S. 896 would extend the increase in deposit insurance
coverage ($250,000) for the National Credit Union Share
Insurance Fund (NCUS IF) that Congress enacted on as part of
the Emergency Economic Stabilization Act of 2008, until
December 31, 2013. This provision is an important step that
will help maintain member confidence in credit unions.
S. 896 also includes a number of provisions aimed at
helping credit unions manage the impact of the financial
crisis on the credit union system. Even though credit unions
use strong underwriting standards to make loans to their
members and keep most of their mortgages in portfolio, no
financial institution is immune from the current economic
situation. Corporate credit unions, which provide payment,
settlement, investment and other services for natural person
credit unions, have been particularly hard hit by the
economic maelstrom.
On March 20, the National Credit Union Administration
(NCUA) placed two corporate credit unions--U.S. Central and
Western Corporate Federal Credit Union (Wescorp)--into
conservatorship. The losses at the two corporate credit
unions were created by declines in the value of mortgage-
backed securities in which they invested. Although these
securities were originally AAA-rated and appeared prudent
when the investments were made, market developments proved to
the contrary. Despite these investment losses, the payment
and settlement services provided by these corporate credit
unions continue to be offered on a very sound basis.
The credit union system itself is covering the losses on
these corporate credit union investments by way of a
significant NCUSIF insurance assessment on all federally
insured natural person credit unions. Under current law,
credit unions must replenish their NCUSIF deposits equal to
1% of their insured shares on an annual basis and are also
subject to premium charges when the fund drops below a 1.2%
equity ratio. While credit unions expect to pay for the
corporate credit union problem themselves, they would like to
spread the losses over time, as banks are permitted to do for
their insurance costs under current law.
S. 896 would increase NCUA's borrowing authority from
Treasury from $100 million to $6 billion, with the ability to
borrow as much as $30 billion in exigent circumstances
through December 2010. The amendment also establishes a
Temporary Corporate Stabilization Fund that would also help
NCUA to spread out credit unions' insurance costs over seven
years. Spreading these costs over multiple years means that
credit unions can use the funds that otherwise would have
been used to pay the assessment immediately to make credit
available to their members. CUNA strongly supports both the
additional borrowing authority for NCUA as well as the
establishment of the Temporary Corporate Stabilization fund.
Time is of the essence. We appreciate the timely
consideration of the S. 896 and hope the legislation can be
enacted expeditiously.
On behalf of America's credit unions, thank you very much
for your consideration.
[[Page 12790]]
Please support the S. 896, the Helping Families Save Their
Homes Act.
Sincerely,
Daniel A. Mica,
President & CEO.
____
National Association of
Federal Credit Unions,
Arlington, Virginia, May 19, 2009.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives, Washington,
D.C.
Hon. John Boehner,
Minority Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Minority Leader Boehner: On behalf
of the National Association of Federal Credit Unions (NAFCU),
the only trade association exclusively representing the
interests of our nation's federal credit unions, I am writing
to express our support for S. 896, the ``Helping Families
Save Their Homes Act of 2009'' and to urge the House to
support this legislation when it is considered on the
suspension calendar today.
S. 896 would adopt the corporate credit union stabilization
fund proposal recently released by the National Credit Union
Administration (NCUA). NCUA's decision to place two corporate
credit unions into conservatorship earlier this year has led
to losses of approximately $5.9 billion to the National
Credit Union Share Insurance Fund (NCUSIF). Under present
regulations, natural-person credit unions will be assessed a
heavy charge in 2009 to recapitalize the NCUSIF. Swift
implementation of the NCUA proposal is necessary to prevent
more than two-thirds of our nation's credit unions from
having negative earnings for 2009, as well as to ensure that
they are adequately capitalized. The creation of the
temporary corporate credit union stabilization fund and the
seven year timeframe for repayment of loans to the fund will
provide immediate relief to large insurance fund premiums
facing natural-person credit unions otherwise.
We also applaud the adoption of a longer time frame for the
repayment of NCUSIF premiums contained in S. 896. By
lengthening the repayment term to eight years, Congress
ensures credit unions will be able to focus more of their
resources on making loans that will strengthen the economy,
rather than having to divert them to rebuild the NCUSIF.
Finally, as part of the Emergency Economic Stabilization
Act of 2008, Congress increased the coverage on FDIC and
NCUSIF insured accounts to $250,000 through December 31,
2009. This change serves to maintain public confidence in
insured depository institutions in the current economic
environment. S. 896 would extend the higher insurance level
for four more years, to 2013. This extension would ease
confusion many credit unions and their members already have
about the pending sunset on December 31st.
NAFCU thanks you for your time and consideration regarding
these matters. We urge the House to vote ``yes'' and support
S. 896 when it is considered on the suspension calendar
today. Should you have any questions or require any
additional information please do not hesitate to contact me
or Brad Thaler, NAFCU's Director of Legislative Affairs, at
703-522-4775, ext 204.
Sincerely,
B. Dan Berger,
Senior Vice President of Government Affairs.
____
National Association
of REALTORS'
Washington, DC, May 19, 2009.
Hon. Barney Frank,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Chairman Frank: The 1.2 million members of the
National Association of REALTORS' urge support of
S. 896, the ``Helping Families Save Their Homes Act'', which
passed the Senate on May 6, 2009 by a vote of 91-5.
S. 896 includes a number of much-needed provisions to limit
foreclosures and keep families in their homes. The bill will
expand loan modifications by providing a safe harbor for
mortgage servicers who conduct loan modifications in good
faith. The bill reforms the Hope for Homeowners program,
preserving benefits to homeowners while limiting risks to the
FHA fund and the taxpayer. The bill also strengthens
oversight of FHA-approved lenders to protect the FHA fund and
taxpayers from fraud and abuse. Finally, the bill establishes
a task-force to investigate mortgage foreclosure fraud.
NAR asks for your support of S. 896, which will allow more
American families to avoid foreclosure and will help in our
housing recovery.
Sincerely,
Charles McMillan, CIPS, GRI,
2009 President, National Association of REALTORS'.
I reserve the balance of my time.
Mrs. CAPITO. Mr. Speaker, I rise today in support of S. 896, the
Helping Families Save Their Homes Act of 2009. As the chairman
mentioned, it has broad-based support from a lot of groups that have
been working with this bill.
Before I begin to discuss the specific provisions contained in this
bill, I would like to talk about one of the provisions that is not in
this bill. Thanks in large part to unified Republican opposition in the
House and Senate, the bill does not include bankruptcy cramdown
provisions. I joined with many of my colleagues in speaking against
this provision, which previously passed the House and, in my opinion,
would have caused untold damage to the mortgage market and
substantially increased costs for consumers.
Allowing bankruptcy judges to unilaterally rewrite mortgage contracts
is not the solution to the problems in our housing markets. The other
body should, therefore, be commended for rejecting attempts to add
cramdown provisions to this legislation.
Unfortunately, not all of the problematic provisions have been
removed from the bill. The majority continues to insist upon salvaging
the failed HOPE for Homeowners program. Last year HOPE for Homeowners
was promoted as a way to assist hundreds of thousands of homeowners to
modify their mortgages. To date, the program has helped only a handful
of distressed borrowers. S. 896 attempts to fix HOPE for Homeowners by
increasing the taxpayer subsidy for lenders seeking to offload their
worst mortgages on the government.
Because mortgages modified under HOPE for Homeowners received an FHA
guarantee, the inevitable losses that will result from defaults on many
of these mortgages will further undermine, I believe, the solvency of
that critical program.
It is important to note that the FHA is already under stress and that
the Department of Housing and Urban Development has made an
unprecedented budget request of almost $800 million to keep the FHA
afloat. Perhaps a better approach than trying to improve the HOPE for
Homeowners program would have been to end it altogether.
I've authored legislation that would provide the Department of
Housing and Urban Development with the ability to set up a program to
assist struggling borrowers that gives the department much-needed
flexibility to adjust to market changes. Yet there are many useful
reforms in this legislation that are worthy of Republican support.
First, the Senate included provisions based on legislation by Dr.
Paul of this House that will greatly increase the transparency and
accountability of various Federal Reserve liquidity facilities and
specific initiatives to rescue individual firms that the government has
deemed too big to fail by giving the GAO the statutory authority to
audit these programs.
Second, the bill includes provisions to ease the crippling deposit
insurance premiums that community banks, banks and credit unions will
otherwise face in the coming months.
And third, the Senate bill includes a comprehensive reauthorization
of the McKinney-Vento homelessness program which, as the chairman
noted, was passed in a strong bipartisan manner here in the last
Congress.
We had significant contributions from many of my colleagues on both
sides of the aisle. I'd like to thank Mrs. Biggert and Mr. Geoff Davis
of Kentucky from our side.
Mr. Chairman, S. 896 is far from a perfect bill, but S. 896 no longer
contains what I believe were harmful bankruptcy provisions which could
have further paralyzed the mortgage finance market. S. 896 will also
make crucial changes in the deposit area which should help advance the
economic recovery. For these reasons, I urge Members to support S. 896.
I would like to reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Speaker, I did want to respond, and I
appreciate the support from the gentlewoman for the bill.
With regard to the FHA, I just want to read from the National
Association of REALTORS letter because they, as much as any entity in
this country, have an interest in a strong FHA.
Contrary to the wishes expressed by the gentlewoman from West
Virginia, the REALTORS approve of the fact
[[Page 12791]]
that we are improving the HOPE for Homeowners program. It says, ``The
bill reforms the HOPE for Homeowners program, preserving benefits to
homeowners while limiting risks to the FHA fund and the taxpayer. The
bill also strengthens oversight of FHA-approved lenders to protect the
FHA Fund and taxpayers from fraud and abuse.''
At the hearing that we had earlier this year--and that was when the
Bush administration was still in power--career employees of the FHA
noted that they do not have, and will not have until this bill becomes
law, the power to prevent applicants for FHA funding who have a record
of abuse from applying again.
So at the initiative of the Committee on Financial Services, the
gentlewoman from California (Ms. Speier) and the gentlewoman from
California (Ms. Waters), we added that to this language.
So what this bill includes is a very important power for the FHA to
debar, to use the appropriate legal term, people who have had a record
of fraud. That's one of the reasons why we think that the FHA is
strengthened by this bill.
I reserve the balance of my time.
Mrs. CAPITO. In response to the chairman, we argued this in committee
over whether it was wise to throw a lifeline to HOPE for Homeowners or
to re-create the program or a program, and that's why this legislation
is important because it does improve that. It does improve HOPE for
Homeowners. But I would just like to note, to this date from October 1,
2008, to May 16, 2009, we've only had 954 applications and only 55
closings. And this is for a program that was sold to us basically under
the guise that it was going to help 25,000, at least, homeowners. So
far we're looking at 55.
{time} 1400
At this point I would like to yield 2 minutes to the gentlewoman from
Kansas, a great member of our committee.
Ms. JENKINS. I rise today in support of one provision in particular
of the underlying bill which allows for increased borrowing authority
for the FDIC and the NCUA.
Community financial institutions in Kansas are facing a sizable
special assessment due to the deposit insurance funds being drawn down
with the failure of numerous institutions across the Nation. Just last
week I had a great opportunity to visit with several bankers from
across the State who were in town with the Independent Community
Bankers Association.
Growing up in rural Kansas, I know full well the close-knit
communities in which these and other financial institutions operate
across eastern Kansas, faithfully investing the hard-earned dollars of
their neighbors to the betterment of the community and the depositors.
These bankers impressed upon me the need for this borrowing
authority. With the special assessment as it is today, banks and credit
unions face further hardship meeting regulatory capital requirements
and lending demands. However, the FDIC has indicated that passage of
increased borrowing authority may result in a reduction of this special
assessment by as much as half. This potential has my constituents
asking this body and me to pass this provision.
It is clear that recent institutional failures have significantly
increased losses of the insurance funds. However, by and large, the
financial institutions in my district did not cause this economic
trauma. We must be careful that these community institutions which
serve so many folks are not unfairly saddled with higher premiums to
compensate for the mistakes of others.
Mr. FRANK of Massachusetts. I yield 3 minutes to the gentlewoman from
California (Ms. Waters), the chairwoman of the Housing Subcommittee
which played a major role in our efforts to deal with this crisis.
Ms. WATERS. Thank you very much, Mr. Chairman.
Mr. Speaker and Members, I would first like to thank Chairman Barney
Frank for the leadership that he has provided on all of these issues
related to this economic crisis that we have been confronted with. Some
of these issues, not expected, were thrown into his lap in an unusual
way. And he has been able to guide our caucus in our House in ways that
help to bring us to the point of passing this kind of legislation, the
Helping Families Save Their Homes Act of 2009.
So I rise in support of S. 896, the Helping Families Save Their Homes
Act of 2009. As chairwoman of the Financial Services Subcommittee on
Housing and Community Opportunity, I believe that the housing
components of this bill will be essential in helping families and
communities.
I am especially pleased that the bill includes a provision I authored
to ensure that the FHA loan programs are out of bounds for the very
worst subprime lenders who created this mortgage mess in the first
place.
S. 896 also includes legislation drafted by my subcommittee to
reauthorize and expand the McKinney-Vento Homelessness Assistance
Program. Given the increase in homelessness due to the foreclosure
crisis, inclusion of the McKinney-Vento legislation is both timely and
appropriate. In addition the bill includes vital protections for
renters facing evictions as a result of their landlord's foreclosure.
Finally, I am pleased that I was able to work with Senator Leahy on
making improvements to the Neighborhood Stabilization Program in order
to allow States that receive the minimum allocation of funding to
provide that funding to areas with homes at risk or in foreclosure.
While I believe S. 896 is an important piece of legislation, I am
disappointed that it does not include a House-passed provision to allow
judges to modify mortgages through bankruptcy. I am concerned that
without this provision, we may continue to see an increase in the
number of foreclosures.
I support S. 896, the Helping Families Save Their Homes Act of 2009.
And I would urge my colleagues to vote ``yes.''
Mrs. CAPITO. At this point, I have no further speakers. I would just
like to reiterate my support for the bill, and I yield back the balance
of my time.
General Leave
Mr. FRANK of Massachusetts. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on this legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mrs. BIGGERT. Mr. Speaker, I would like to submit my entire statement
for the Record. Mr. Speaker, I'm disappointed that, at the last minute,
the Rules Committee cancelled its scheduled hearing on this bill, S.
896, preventing Members from filing amendments to improve it.
Let me start by saying that this bill has important provisions that I
support. It significantly reforms homeless housing programs, increases
funds for housing counseling and to warn consumers about foreclosure
rescue scams, provides a safe harbor for servicers and enhances other
programs to help qualified homeowners save their homes. The bill
creates a database on the root causes of foreclosures and authorizes a
mortgage fraud task force. Provisions to increase the FDIC and NCUA's
borrowing authority and extend the time needed to restore their
insurance funds, for financial institutions, aim to stabilize insurance
fees and free up capital so they can lend to consumers and small
businesses. In addition, the bill increases Federal Reserve
transparency and TARP oversight--two very important items for
taxpayers.
Despite these good provisions in the bill, it still falls short. To
address these shortcomings, I intended to offer a few bi-partisan
amendments but was denied the opportunity. Mr. Speaker, I would like to
insert the text of these amendments for the Record and say a few words.
First, the bill is too light on housing counseling. Counselors are on
the front lines of the foreclosure crisis and often the first place
homeowners turn to for help. Three hundred Members voted for this
language, as part of H.R. 1728, to bolster HUD's housing counseling
programs, enhance program coordination, increase grants and streamline
the process, as well as launch a national outreach campaign.
My second amendment, cosponsored by Mr. Neugebauer, would have
required HUD and
[[Page 12792]]
the Fed to coordinate efforts to produce compatible and improved
residential mortgage disclosures. Consumers deserve nothing less.
Again, earlier this month, 300 Members voted for H.R. 1728, which
contained the exact language of this amendment.
Third, recent reports indicated that one in fifty U.S. children is
homeless, and during the 2007-2008 school year, there was an 18 percent
increase in the number of homeless students. Why? The rise in
foreclosures and decline in jobs, but also--something fairly unknown--
some agencies can help all homeless kids, but HUD cannot. Does that
make sense?
To help address this mismatch in programs, Ms. McCarthy, Mr. Davis,
and I have an amendment to allow HUD to provide homeless housing and
services to all homeless children who are already served by programs
run by the Departments of Education, Health and Human Services, and
Justice. Homeless kids should be our top priority.
Thanks to concessions made by some of my colleagues here and in the
Senate, the underlying bill, S. 896, moves an inch to help these kids,
but it should move miles.
Speaking of miles, I would like to take a moment to recognize a
courageous, young man who is fighting with us on this issue. On Sunday,
USA Today reported that an 11-year old boy from Florida, Zach Bonner,
is hiking from Florida to Washington, DC, and collecting letters from
homeless kids on the way to deliver to President Obama. Thank you,
Zach. Keep hiking. We're with you. I hope that other Members of
Congress and this Administration can be so brave and fix the law to
help homeless kids.
I hope my colleagues, in particular, Chairman Frank, will commit our
Committee to continue work on these very important matters.
Amendment to S. 896. Offered by Mrs. Biggert of Illinois
Page 86, after line 14, insert the following new title:
TITLE IX--OFFICE OF HOUSING COUNSELING
SEC. 901. EXPANSION AND PRESERVATION OF HOME OWNERSHIP
THROUGH COUNSELING.
Title IV of H.R. 1728, An Act to amend the Truth in Lending
Act to reform consumer mortgage practices and provide
accountability for such practices, to provide certain minimum
standards for such consumer loans, and for other purposes, as
passed the House of Representatives on May 7, 2009, is hereby
enacted into law with the following amendments:
(1) In the paragraph added to section 106(a) of the Housing
and Urban Development Act of 1968 by the amendment made by
section 404 of such title, strike subparagraph (D).
(2) Strike section 409 of such title.
____
Amendment to S. 896. Offered by Mrs. Biggert of Illinois and Mr.
Neugebauer of Texas
Page 18, after line 2, insert the following new section:
SEC. 106. RESPA AND TILA DISCLOSURE IMPROVEMENT.
(a) Compatible Disclosures.--The Secretary of Housing and
Urban Development and the Board of Governors of the Federal
Reserve shall, not later than the expiration of the 6-month
period beginning upon the date of the enactment of this Act,
jointly issue for public comment proposed regulations
providing for compatible disclosures for borrowers to receive
at the time of mortgage application and at the time of
closing.
(b) Requirements.--Such disclosures shall--
(1) provide clear and concise information to borrowers on
the terms and costs of residential mortgage transactions and
mortgage transactions covered by the Truth in Lending Act (12
U.S.C. 1601 et seq.) and the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2601 et seq.);
(2) satisfy the requirements of section 128 of the Truth in
Lending Act (12 U.S.C. 1638) and section 4 and 5 of the Real
Estate Settlement Procedures Act of 1974; and
(3) comprise early disclosures under the Truth in Lending
Act and the good faith estimate disclosures under the Real
Estate Settlement Procedures Act of 1974 and final Truth in
Lending Act disclosures and the uniform settlement statement
disclosures under Real Estate Settlement Procedures Act of
1974 and provide for standardization to the greatest extent
possible among such disclosures from mortgage origination
through the mortgage settlement.
(4) shall include, with respect to a residential home
mortgage loan, a written statement of--
(A) the principal amount of the loan;
(B) the term of the loan;
(C) whether the loan has a fixed rate of interest or an
adjustable rate of interest;
(D) the annual percentage rate of interest under the loan
as of the time of the disclosure;
(E) if the rate of interest under the loan can adjust after
the disclosure, for each such possible adjustment--
(i) when such adjustment will or may occur; and
(ii) the maximum annual percentage rate of interest to
which it can be adjusted;
(F) the total monthly payment under the loan (including
loan principal and interest, property taxes, and insurance)
at the time of the disclosure;
(G) the maximum total estimated monthly maximum payment
pursuant to each such possible adjustment;
(H) the total settlement charges in connection with the
loan and the amount of any downpayment and cash required at
settlement; and
(I) whether or not the loan has a prepayment penalty or
balloon payment and the terms, timing, and amount of any such
penalty or payment.
(c) Suspension of 2008 RESPA Rule.--
(1) Requirement.--The Secretary of Housing and Urban
Development shall, during the period beginning on the date of
the enactment of this Act and ending upon issuance of
proposed regulations pursuant to subsection (a), suspend
implementation of any provisions of the final rule referred
to in paragraph (2) that would establish and implement a new
standardized good faith estimate and a new standardized
uniform settlement statement. Any such provisions shall be
replaced by the regulations issued pursuant to subsections
(a) and (b).
(2) 2008 rule.--The final rule referred to in this
paragraph is the rule of the Department of Housing and Urban
Development published on November 17, 2008, on pages 68204-
68288 of Volume 73 of the Federal Register (Docket No. FR-
5180-F-03; relating to `Real Estate Settlement Procedures Act
(RESPA): Rule to Simplify and Improve the Process of
Obtaining Mortgages and Reduce Consumer Settlement Costs').
(d) Implementation.--The regulations required under
subsection (a) shall take effect, and shall provide an
implementation date for the new disclosures required under
such regulations, not later than the expiration of the 12-
month period beginning upon the date of the enactment of this
Act.
(e) Failure To Issue Compatible Disclosures.--If the
Secretary of Housing and Urban Development and the Board of
Governors of the Federal Reserve System cannot agree on
compatible disclosures pursuant to subsections (a) and (b),
the Secretary and the Board shall submit a report to the
Congress, after the 6-month period referred to in subsection
(a), explaining the reasons for such disagreement. After the
15-day period beginning upon submission of such report, the
Secretary and the Board may separately issue for public
comment regulations providing for disclosures under the Real
Estate Settlement Procedures Act of 1974 and the Truth in
Lending Act, respectively. Any final disclosures as a result
of such regulations issued by the Secretary and the Board
shall take effect on the same date, and not later than the
expiration of the 12-month period beginning on the date of
the enactment of this Act. If either the Secretary or the
Board fails to act during such 12-month period, either such
agency may act independently and implement final regulations.
(f) Standardized Disclosure Forms.--
(1) In general.--Any regulations proposed or issued
pursuant to the requirements of this section shall include
model disclosure forms.
(2) Option for mandatory use.--In issuing proposed
regulations under subsection (a), the Secretary of Housing
and Urban Development and the Board of Governors of the
Federal Reserve System shall include regulations for the
mandatory use of standardized disclosure forms if they
jointly determine that it would substantially benefit the
consumer.
____
Amendment to S. 896. Offered by Mrs. Biggert of Illinois, Mrs. McCarthy
of New York, and Mr. Davis of Kentucky
Page 91, line 3, strike ``and''.
Page 91, line 19, strike the period and insert ``; and''.
Page 91, after line 19, insert the following:
``(7) a child or youth who has been verified as homeless--
``(A) as such term is defined in section 725(2)(B)(i) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2)(B)(i)), by a local educational agency homeless
liaison, designated pursuant to section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii)), and the family of such child or youth;
``(B) by the director of a program funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.), or a
designee of the director;
``(C) under section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401) by the director
or the designee of such program, and the family of such
child; or
``(D) under section 637 of the Head Start Act (42 U.S.C.
9832) by the director or designee of such program, and the
family of such child.''.
Mr. BLUMENAUER. Mr. Speaker, in communities across the Nation, the
scourge of foreclosure is a deepening problem. In Oregon, 3,388 homes
went into foreclosure in March, a 107% increase over the number of
foreclosures in March 2008. Nationally, lenders filed foreclosure
actions against more than
[[Page 12793]]
340,000 properties in March alone. These figures helped make the first
quarter of 2009 the worst on record for foreclosure activity.
I support this bill because it will equip homeowners and lenders with
new and improved tools to combat foreclosures. It will help banks to
increase their lending to small businesses and American consumers.
While this bill is not a cure-all for our Nation's economic troubles,
it makes important contributions towards the protection of American
homeownership.
In particular, I support the bill's modifications to the HOPE for
Homeowners program, which will ease restrictions on eligibility and
enable refinancing of underwater mortgages for a greater number of
borrowers.
One major difference between this bill and the one that the House
passed in early March is the judicial modification provision, missing
from this bill. Allowing bankruptcy judges to modify principal balances
of residential mortgage loans is an important policy, and one which I
continue to support.
It is only fair that Congress offer average families the same
alternative to foreclosure that has been available under the law for
many years to owners of vacation homes, investment properties, private
jets, and luxury yachts. Under such a provision, while some mortgage
lenders would not get every penny owed to them, on balance they would
get more than if these families had no better choice than to fall into
foreclosure.
Mr. SKELTON. Mr. Speaker, throughout this tough recession, Congress
has been working to reduce the length and severity of the economic
downturn and its impact on the American people. While we have approved
a number of important bills in this area, let me share my support today
for S. 896, a bipartisan bill known as the Helping Families Save Their
Homes Act.
S. 896 is a balanced bill that will provide tools and incentives to
help reduce foreclosures, will strengthen Federal protections against
predatory lending, will establish the right of homeowners to know who
owns their mortgage, and will give the Federal Housing Administration
and USDA's Rural Housing Service legal flexibility to undertake loan
modifications. Reducing foreclosures and stabilizing the housing market
are key to turning around America's economy, which is why I am pleased
that S. 896 has been written with the support of both congressional
Democrats and Republicans.
While S. 896 will help to mend the ailing housing market, the bill is
also good for small town banks and for all Americans who keep their
savings in a bank or credit union.
As some banks gambled and made risky loans to subprime borrowers,
most small town financial institutions played by the rules and did not
get caught up in the hazardous lending behavior that is at the heart of
our recession. But, as larger banks have faltered, community banks have
been replenishing the deposit insurance fund that protects investments
throughout the financial system. To strengthen the financial stability
of community banks and credit unions, S. 896 increases the borrowing
authority for FDIC and for the federal credit union regulator. These
increases will help level the playing field so community financial
institutions are not stuck picking up the tab for their larger
competitors.
And, to better protect deposits, S. 896 increases FDIC insurance
protection for accounts holding up to $250,000. This action is not only
beneficial to depositors but also to small town financial institutions
that derive their funding and lending ability from deposits.
I urge my colleagues to support S. 896 and hope the legislation, if
passed, can be swiftly signed into law by the President.
Mr. AL GREEN of Texas. Mr. Speaker, I am proud to support S. 896, the
Helping Families Save Their Homes Act of 2009. I supported H.R. 1106
when it left the House, and while lacking the provision to allow for
judicial ``cramdown,'' I am pleased with many of the improvements that
S. 896 brings.
This bill reflects an affirmation of this legislative body's
dedication to ensure that the American dream of homeownership is not
lost for millions of American families. The foreclosure crisis has
devastated our economy and this bill is another step towards
stabilizing our housing market and restoring confidence in the American
people.
S. 896 improves the HOPE for Homeowners program, making it a more
viable option for helping families sustain homeownership; it provides a
safe harbor for those who would engage in legitimate loan modifications
or utilize the HOPE for Homeowners Program. The bill strengthens the
FDIC and credit unions to ensure the availability of credit for
consumers, which is crucial in this time of economic downturn.
S. 896 reauthorizes the McKinney-Vento Homelessness Assistance Grants
for the first time in 20 years, and authorizes $2.2 billion for the
programs for FY 2010 and 2011. It also provides funding to HUD to
increase public awareness regarding foreclosure scams.
Finally, the tenant protections included in the bill ensure that bona
fide tenants are not unfairly removed from their residences when
foreclosures occur that they could not control.
Overcoming the foreclosure crisis and the damage that it has wrought
will take time and dedication. However, by passing the Helping Families
Save Their Homes Act, we are taking a critical step forward in
protecting the American homeowner.
Mr. VAN HOLLEN. Mr. Speaker, today, I rise in support of the Helding
Families Save Their Homes Act, a bipartisan bill that will help
millions of American families avoid the nightmare of foreclosure.
Foreclosures cost an American family its home every 13 seconds, and
negatively impact entire neighborhoods. Each foreclosed home reduces
nearby property values by as much as 9 percent, and the lack of
property tax revenues can affect community services and the quality of
our schools. We all stand to lose if we do not stop the steep decline
in home prices, which is why Congress and President Obama are taking
action.
This legislation builds on the President's comprehensive Homeowner
Affordability and Stability Plan, and provides key tools and incentives
for lenders, servicers and homeowners to modify loans and to avoid
foreclosures. It bolsters important consumer rights to housing
information and strengthens community banks, which are crucial to small
businesses and families across this nation. It also makes important
improvements to the Hope for Homeowners program, which was created by
Congress to help those at risk of default and foreclosure refinance
into more affordable, sustainable loans.
Stabilizing the housing market is central to restoring the American
economy. By passing the Helping Families Save Their Homes Act of 2009,
we are not just helping millions of families keep their homes--we are
getting the economy back on track and moving America in a new
direction.
Mr. KUCINICH. Mr. Speaker, I rise today in reluctant support of S.
986, the Helping Families Save Their Homes Act. Although I supported
H.R. 1106 earlier in this Congress, and I will vote for this bill, I
remain concerned about many aspects that attempt to fix the problem
without addressing the fundamental issues.
S. 896 makes additional changes to the HOPE for Homeowners program
despite evidence that it is a seriously flawed model that has failed to
effect the type of large-scale mortgage modification that our economy
needs if it is going to recover. Despite the changes made, success of
the HOPE for Homeowners program continues to be contingent on the
active participation of the mortgage lender or mortgage servicer. Once
again, we throw money at Wall Street--at the bankers and lenders--and
leave individuals and families with nothing.
The bill also reauthorizes programs under the McKinney-Vento Homeless
Assistance Act. I am grateful that the plight of the homeless and the
growing homeless population has finally merited the attention of
Congress; however I am dismayed by some of the provisions in the final
bill as well as the process used to arrive at the terms of the relevant
language. The problem of homelessness in this country deserves more
attention in the House of Representatives than a mere fraction of
debate time on a suspension bill. If we had more time and different
circumstances, we might have had the opportunity to correct some of the
privacy concerns as well as the provisions that limit eligible uses of
funds.
Despite the shortcomings in this bill, it represents a small step in
the right direction on the whole. I remain hopeful that Congress will
continue to improve the HOPE for Homeowners programs as well as the
plight of the growing numbers of homeless citizens. In the end, we must
adopt a default posture that accommodates communities, families, and
individuals, rather than a default posture that accommodates bankers
and financial institutions. Only then will we be able to repair our
economy and put our country back on a path of prosperity and growth.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of S.
896, ``Helping Families Save Their Homes in Bankruptcy Act of 2009.'' I
would like to thank Chairman Conyers of the House Judiciary Committee
and Chairman Barney Frank of the Financial Services Committee for their
leadership on this issue. I also would like to thank Arthur D. Sidney
of my staff who serves as my able Legislative Director. This issue is
now before this body again for consideration.
Mr. Speaker, I urge my colleagues to support this bill because it
provides a viable medium for bankruptcy judges to modify the
[[Page 12794]]
terms of mortgages held by homeowners who have little recourse but to
declare bankruptcy.
This bill could not have come at a more timely moment. This bill is
on the floor of the House within weeks after the President's address
before the Joint Session of Congress where President Obama outlined his
economic plan for America and discussed the current economic situation
that this country is facing.
To be sure, there are many economic woes that saddle this country.
The statistics are staggering.
Home foreclosures are at an all-time high and they will increase as
the recession continues. In 2006, there were 1.2 million foreclosures
in the United States, representing an increase of 42 percent over the
prior year. During 2007 through 2008, mortgage foreclosures were
estimated to result in a whopping $400 billion worth of defaults and
$100 billion in losses to investors in mortgage securities. This means
that one per 62 American households is currently approaching levels not
seen since the Depression.
The current economic crisis and the foreclosure blight has affected
new home sales and depressed home value generally. New home sales have
fallen by about 50 percent. One in six homeowners owes more on a
mortgage than the home is worth which raises the possibility of
default. Home values have fallen nationwide from an average of 19
percent from their peak in 2006, and this price plunge has wiped out
trillions of dollars in home equity. The tide of foreclosure might
become self-perpetuating. The nation could be facing a housing
depression something far worse than a recession.
Obviously, there are substantial societal and economic costs of home
foreclosures that adversely impact American families, their
neighborhoods, communities and municipalities. A single foreclosure
could impose direct costs on local government agencies totaling more
than $34,000.
I am glad that this legislation is finally on the floor of the United
States House of Representatives. I have long championed in the first
TARP bill that was introduced and signed late last Congress, that
language be included to specifically address the issue of mortgage
foreclosures. I had asked that $100 billion be set aside to address
that issue. Now, my idea has been vindicated as the TARP today has
included language and we here today are continuing to engage in the
dialogue to provide monies to those in mortgage foreclosure. I have
also asked for modification of homeowners' existing loans to avoid
mortgage foreclosure. I believe that the rules governing these loans
should be relaxed. These are indeed tough economic times that require
tough measures.
Because of the pervasive home foreclosures, federal legislation is
necessary to curb the fall out from the subprime mortgage crisis. For
consumers facing a foreclosure sale who want to retain their homes,
Chapter 13 of the Bankruptcy Code provides some modicum of protection.
The Supreme Court has held that the exception to a Chapter 13's ability
to modify the rights of creditors applies even if the mortgage is
under-secured. Thus, if a Chapter 13 debtor owes $300,000 on a mortgage
for a home that is worth less than $200,000, he or she must repay the
entire amount in order to keep his or her home, even though the maximum
that the mortgage would receive upon foreclosure is the home's value,
i.e., $200,000, less the costs of foreclosure.
Importantly, S. 896 provides for a relaxation of the bankruptcy
provisions and waives the mandatory requirement that a debtor must
receive credit counseling prior to the filing for bankruptcy relief,
under certain circumstances. The waiver applies in a Chapter 13 case
where the debtor submits to the court a certification that the debtor
has received notice that the holder of a claim secured by the debtor's
principal residence may commence a foreclosure proceeding against such
residence.
This bill also prohibits claims arising from violations of consumer
protection laws. Specifically, this bill amends the Bankruptcy Code to
disallow a claim that is subject to any remedy for damages or
rescission as a result of the claimant's failure to comply with any
applicable requirement under the Truth in Lending Act or other
applicable state or federal consumer protection law in effect when the
noncompliance took place, notwithstanding the prior entry of a
foreclosure judgment.
S. 896 also amends the Bankruptcy Code to permit modification of
certain mortgages that are secured by the debtor's principal residence
in specified respects. Lastly, the bill provides that the debtor, the
debtor's property, and property of the bankruptcy estate are not liable
for a fee, cost, or charge incurred while the Chapter 13 case is
pending and that arises from a debt secured by the debtor's principal
residence, unless the holder of the claim complies with certain
requirements.
I have long championed the rights of homeowners, especially those
facing mortgage foreclosure. I have worked with the Chairman of the
House Judiciary Committee to include language that would relax the
bankruptcy provisions to allow those facing mortgage foreclosure to
restructure their debt to avoid foreclosure.
Because I have long championed the rights of homeowners facing
mortgage foreclose in the recent TARP bill and before the Judiciary
Committee, I have worked with Chairman Conyers and his staff to add
language that would make the bill stronger and that would help more
Americans. I co-sponsored sections of the Manager's Amendment and I
urge my colleagues to support the bill.
Specifically, I worked with Chairman Conyers to ensure that in
section 2 of the amendment, section 109(h) of the Bankruptcy Code would
be amended to waive the mandatory requirement, under current law, that
a debtor receive credit counseling prior to filing for bankruptcy
relief. Under the amended language there is now a waiver that will
apply where the debtor submits to the court a certification that the
debtor has received notice that the holder of a claim secured by the
debtor's principal residence may commence a foreclosure proceeding
against such residence.
This is important because it affords the debtor the maximum relief
without having to undergo a slow credit counseling process. This will
help prevent the debtors credit situation from worsening, potentially
spiraling out of control, and result in the eventual loss of his or her
home.
The bill relaxes certain Bankruptcy requirements under Chapter 13 so
that the debtor can modify the terms of the mortgage secured by his or
her primary residence. This is an idea that I have long championed in
the TARP legislation--the ability of debtors to modify their existing
primary mortgages. Section 4 allows for a modification of the mortgage
for a period of up to 40 years. Such modification cannot occur if the
debtor fails to certify that it contacted the creditor before filing
for bankruptcy. In this way, the language in the Manager's Amendment
allows for the creditor to demonstrate that it undertook its ``last
clear'' chance to work out the restructuring of the debt with its
creditor before filing bankruptcy.
Importantly, the bill amends the bankruptcy code to provide that a
debtor, the debtor's property, and property of the bankruptcy estate
are not liable for fees and costs incurred while the Chapter 13 case is
pending and that arises from a claim for debt secured by the debtor's
principal residence.
Lastly, I worked to get language in the bill that would allow the
debtors and creditors to negotiate before a declaration of bankruptcy
is made. I made sure that the bill addresses present situations at the
time of enactment where homeowners are in the process of mortgage
foreclosure.
Texas ranks 17th in foreclosures. Texas would have faired far worse
but for the fact that homeowners enjoy strong constitutional
protections under the state's home-equity lending law. These consumer
protections include a 3 percent cap on lender's fees, 80 percent loan-
to-value ratio (compared to many other states that allow borrowers to
obtain 125 percent of their home's value), and mandatory judicial sign-
off on any foreclosure proceeding involving a defaulted home-equity
loan.
Still, in the last month, in Texas alone there have been 30,720
foreclosures and sadly 15,839 bankruptcies. Much of this has to do with
a lack of understanding about finance--especially personal finance.
Last year, Americans' personal income decreased $20.7 billion, or 0.2
percent, and disposable personal income (DPI) decreased $11.8 billion,
or 0.1 percent, in November, according to the Bureau of Economic
Analysis. Personal consumption expenditures (PCE) decreased $56.1
billion, or 0.6 percent. In India, household savings are about 23
percent of their GDP.
Even though the rate of increase has showed some slowing,
uncertainties remain. Foreclosures and bankruptcies are high and could
still beat last year's numbers.
Home foreclosures are at an all-time high and they will increase as
the recession continues. In 2006, there were 1.2 million foreclosures
in the United States, representing an increase of 42 percent over the
prior year. During 2007 through 2008, mortgage foreclosures were
estimated to result in a whopping $400 billion worth of defaults and
$100 billion in losses to investors in mortgage securities. This means
that one per 62 American households is currently approaching levels not
seen since the Depression.
One in six homeowners owes more on a mortgage than the home is worth
raising the possibility of default. Home values have fallen nationwide
from an average of 19 percent
[[Page 12795]]
from their peak in 2006 and this price plunge has wiped out trillions
of dollars in home equity. The tide of foreclosure might become self-
perpetuating. The nation could be facing a housing depression--
something far worse than a recession.
Obviously, there are substantial societal and economic costs of home
foreclosures that adversely impact American families, their
neighborhoods, communities and municipalities. A single foreclosure
could impose direct costs on local government agencies totaling more
than $34,000.
Mr. HOLT. Mr. Speaker, I rise today in support of the Helping
Families Save Their Homes Act of 2009 (S. 896), companion legislation
to similar legislation we approved in the House in March to combat the
foreclosure crisis. I commend Senator Dodd and the Members of the
Senate Committee on Financial Services for their leadership in crafting
and fine-tuning this legislation, and I urge my colleagues to support
it.
According to a leading foreclosure research organization, mortgage
foreclosure activity increased by 24 percent during the first quarter
of 2009, compared to the first quarter 2008. One in every 159 housing
units in the United States received a foreclosure notice during the
first quarter of this year. In addition, foreclosures in March
increased by 17 percent from February, and by 46 percent compared to
March 2008. We must act now, and we must act decisively and
comprehensively, to stem this crisis. The Helping Families Save Their
Homes Act attacks the foreclosure crisis aggressively and approaches
the problem from several angles at the same time, but is measured in
its application.
The bill amends the HOPE for Homeowners Program, to provide greater
incentives for mortgage servicers to modify mortgages under the
Program, to reduce administrative burdens to loan underwriters, and to
permit payments to loan servicers and underwriters for each successful
refinancing. It would also re-instate the authority of the Department
of Housing and Urban Development (HUD) to conduct an auction to
refinance loans on a wholesale or bulk basis. These modifications use
funding already authorized under the Emergency Economic Stabilization
Act enacted in October 2008.
The bill also contains provisions to ensure better that predatory
lenders are not allowed to participate in the FHA home mortgage
insurance program. At the same time, it protects helpful mortgage
lenders and servicers, who might otherwise be subject to litigation for
changing the terms of a mortgage after closing. The bill provides a
safe harbor from liability to mortgage servicers issuers, trustees,
loan sellers, depositors, and others who participate in loan
modifications, to the extent they were required to assist and the
modification complied with the Hope for Homeowners program or was
otherwise consistent with the Administration's foreclosure mitigation
programs.
Importantly, the bill will also extend through 2013 the temporary
increase to $250,000 in deposit insurance coverage for both the Federal
Deposit Insurance Corporation (FDIC)-insured deposits and National
Credit Union Administration (NCUA)-insured deposits, which is currently
scheduled to expire in December 2009. It also permanently increases the
FDIC's borrowing authority to $100 billion (with an increase until the
end of 2010 to $300 billion), and increases the NCUA's borrowing
authority to $6 billion (with a temporary increase to $30 billion).
And the bill includes the first major reauthorization of funding
under the McKinney-Vento Homeless Assistance Act. I was pleased to
support $100 million for McKinney-Vento under the American Recovery and
Reinvestment Act enacted into law earlier this year. This important
collaborative program between the public and private sectors has
disbursed more than $2 billion in funding to provide shelter, food and
support services for homeless and hungry individuals nationwide in just
over 20 years of existence, and this bill will authorize that amount
for Fiscal Year 2010 alone. I will work with my colleagues to make sure
we fully fund this authorized level of funding, to assisting America's
neediest and most vulnerable citizens.
This bill takes many important and decisive steps to help mitigate
the foreclosure crisis and ease the suffering of our Nation's homeless
and hungry, and I urge my colleagues to support it.
Mr. FRANK of Massachusetts. Mr. Speaker, I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Frank) that the House suspend the
rules and pass the Senate bill, S. 896, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FRANK of Massachusetts. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
CONGRATULATING ANTHONY KEVIN ``TONY'' DUNGY FOR HIS ACCOMPLISHMENTS AS
A COACH, FATHER, AND EXEMPLARY MEMBER OF HIS COMMUNITY
Mr. FRANK of Massachusetts. Mr. Speaker, I ask unanimous consent that
the Committee on Oversight and Government Reform be discharged from
further consideration of House Resolution 70 and ask for its immediate
consideration in the House.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
The text of the resolution is as follows:
H. Res. 70
Whereas Tony Dungy attended the University of Minnesota and
became the school's leader in completions, touchdown passes
and passing yards;
Whereas Tony Dungy received two ``Most Valuable Player''
awards from the University of Minnesota;
Whereas Tony Dungy continued his football career in the NFL
and became a Super Bowl Champion with the Pittsburgh Steelers
in 1978;
Whereas Tony Dungy, at the age of 25, became the youngest
assistant coach, and at the age of 28, became the youngest
defensive coordinator in NFL history;
Whereas Tony Dungy, in 1997, helped lead the Tampa Bay
Buccaneers to their first winning season since 1982;
Whereas Tony Dungy was the first African-American head
coach to win the Super Bowl by leading the Indianapolis Colts
over the Chicago Bears in 2007;
Whereas Tony Dungy is the first NFL head coach to defeat
all 32 NFL teams;
Whereas Tony Dungy has been a remarkable and upstanding
member of the communities of which he has been a part;
Whereas Tony Dungy has been an advocate for the Christian
faith and a mentor for American youth;
Whereas Tony Dungy has acted as a public speaker for the
Fellowship of Christian Athletes and Athletes in Action;
Whereas Tony Dungy started Mentors for Life, a mentoring
program for young people and provided participants with
tickets to Buccaneers' games;
Whereas Tony Dungy has supported numerous charitable
programs and community service organizations and remains
actively involved in his communities in Tampa and
Indianapolis;
Whereas Tony Dungy was appointed by President George W.
Bush to the President's Council on Service and Civil
Participation in August of 2007; and
Whereas Tony Dungy wrote a memoir which reached No. 1 on
the hardcover nonfiction section of the New York Times Best
Seller list on August 5, 2007, and again on September 9,
2007: Now, therefore, be it
Resolved, That the House of Representatives--
(1) congratulates Tony Dungy on his successful playing and
coaching career and historic coaching accomplishments; and
(2) commends Tony Dungy for his compassion, integrity, and
commitment to his faith, family, and community.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
HONORING KAREN BASS FOR BECOMING THE FIRST AFRICAN-AMERICAN WOMAN
ELECTED SPEAKER OF THE CALIFORNIA STATE ASSEMBLY
Mr. FRANK of Massachusetts. Mr. Speaker, I ask unanimous consent that
the Committee on Oversight and Government Reform be discharged from
further consideration of House Resolution 49 and ask for its immediate
consideration in the House.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
The text of the resolution is as follows:
[[Page 12796]]
H. Res. 49
Whereas Karen Bass made history as the first African-
American woman to serve as Speaker in a State legislative
body in the United States;
Whereas Karen Bass was sworn in as the 67th Speaker of the
California State Assembly on May 13, 2008;
Whereas Karen Bass was elected in 2005 to represent
California's 47th Assembly District;
Whereas Karen Bass represents Culver City, West Los
Angeles, Westwood, Cheviot Hills, Ladera Heights, the
Crenshaw District, Little Ethiopia, Baldwin Hills, and parts
of Korea Town and South Los Angeles;
Whereas Karen Bass in her first term was appointed to
Majority Whip;
Whereas Karen Bass in her second term was elevated to the
post of Majority Floor Leader, making her the first woman to
hold the post and the second African-American to serve in the
position;
Whereas Karen Bass founded and operated Community Coalition
before becoming an elected official, which is a community
based social justice organization in South Los Angeles
empowering people to make a difference in the community;
Whereas Karen Bass graduated from Hamilton High School,
California State University at Dominquez Hills, and the
University of Southern California's School Of Medicine; and
Whereas Karen Bass was raised in the Venice/Fairfax area of
Los Angeles with her parents DeWitt and Wilhelmina Bass: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) honors Karen Bass for becoming the first African-
American woman Speaker of the California State Assembly; and
(2) expresses support for the California State Assembly as
it welcomes Karen Bass as its 67th Speaker.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed. Votes
will be taken in the following order:
H.R. 1089 by the yeas and nays;
S. 896 by the yeas and nays;
H. Res. 360 by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
VETERANS EMPLOYMENT RIGHTS REALIGNMENT ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass H.R. 1089, as amended, on which
the yeas and nays are ordered.
The Clerk will report the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and pass the bill, H.R. 1089, as amended.
The vote was taken by electronic device, and there were--yeas 423,
nays 0, not voting 10, as follows:
[Roll No. 270]
YEAS--423
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--10
Barrett (SC)
Brady (PA)
Cardoza
Delahunt
Honda
Meeks (NY)
Sanchez, Linda T.
Schock
Speier
Stark
{time} 1432
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
The title was amended so as to read: ``A bill to amend title 38,
United States Code, to provide for the enforcement through the Office
of Special Counsel of the employment and reemployment rights of
veterans and members of the Armed Forces employed by Federal executive
agencies, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________
HELPING FAMILIES SAVE THEIR HOMES ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the
[[Page 12797]]
Senate bill, S. 896, as amended, on which the yeas and nays were
ordered.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Frank) that the House suspend the
rules and pass the Senate bill, S. 896, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 367,
nays 54, answered ``present'' 1, not voting 11, as follows:
[Roll No. 271]
YEAS--367
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachus
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Braley (IA)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Calvert
Camp
Cantor
Cao
Capito
Capps
Capuano
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
DeLauro
Dent
Diaz-Balart, L.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Fleming
Forbes
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Fudge
Gallegly
Gerlach
Giffords
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (NY)
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Maffei
Maloney
Manzullo
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McCollum
McCotter
McDermott
McGovern
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Nunes
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Polis (CO)
Pomeroy
Posey
Price (NC)
Putnam
Quigley
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Sullivan
Sutton
Tanner
Tauscher
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--54
Akin
Bachmann
Bartlett
Barton (TX)
Blackburn
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell
Conaway
Culberson
Deal (GA)
Duncan
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey (GA)
Gohmert
Hall (TX)
Harper
Hensarling
Inglis
Issa
Johnson, Sam
Jordan (OH)
King (IA)
Kingston
Lamborn
Linder
Lofgren, Zoe
Mack
Marchant
McClintock
McHenry
Miller (FL)
Neugebauer
Olson
Paul
Pence
Poe (TX)
Price (GA)
Radanovich
Rohrabacher
Royce
Sensenbrenner
Sessions
Shadegg
Stupak
Taylor
Thornberry
Westmoreland
Whitfield
ANSWERED ``PRESENT''--1
Kaptur
NOT VOTING--11
Barrett (SC)
Brady (PA)
Buyer
Cardoza
Delahunt
Diaz-Balart, M.
Honda
Ryan (WI)
Sanchez, Linda T.
Speier
Stark
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1441
So (two-thirds being in the affirmative) the rules were suspended and
the Senate bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. RYAN of Wisconsin. Mr. Speaker, on rollcall No. 271 I was
unavoidably detained. Had I been present, I would have voted ``nay.''
____________________
PERSONAL EXPLANATION
Mr. HONDA. Mr. Speaker, on rollcall Nos. 270 and 271, had I been
present, I would have voted ``yea.''
____________________
URGING VISITS TO CEMETERIES ON MEMORIAL DAY
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 360,
on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Filner) that the House suspend the rules
and agree to the resolution, H. Res. 360.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 422,
nays 0, not voting 11, as follows:
[Roll No. 272]
YEAS--422
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capuano
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Deal (GA)
DeFazio
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
[[Page 12798]]
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--11
Barrett (SC)
Brady (PA)
Capps
Cardoza
Davis (TN)
Delahunt
Heller
Sanchez, Linda T.
Speier
Stark
Velazquez
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1449
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mrs. CAPPS. Mr. Speaker, on rollcall No. 272, had I been present, I
would have voted ``yea.''
____________________
APPOINTMENT OF MEMBERS TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE
The SPEAKER pro tempore (Mr. Cuellar). Pursuant to 22 U.S.C. 3003,
and the order of the House of January 6, 2009, the Chair announces the
Speaker's appointment of the following Members of the House to the
Commission on Security and Cooperation in Europe:
Mr. Hastings, Florida, co-chairman
Mr. Markey, Massachusetts
Ms. Slaughter, New York
Mr. McIntyre, North Carolina
Mr. Butterfield, North Carolina
Mr. Smith, New Jersey
Mr. Aderholt, Alabama
Mr. Pitts, Pennsylvania
Mr. Issa, California
____________________
ENHANCED OVERSIGHT OF STATE AND LOCAL ECONOMIC RECOVERY ACT
(Mr. CONNOLLY of Virginia asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. CONNOLLY of Virginia. Mr. Speaker, I rise to thank my colleagues
for favorable consideration of H.R. 2182, the Enhanced Oversight of
State and Local Economic Recovery Act. I was pleased to cosponsor this
legislation, which was introduced by the chairman of the Oversight and
Government Reform Committee.
At a hearing of that committee, we learned that dedicated oversight
funding for State and local governments could improve oversight of
money appropriated through the American Recovery and Reinvestment Act.
Subsequently, I introduced legislation, H.R. 1911, which would provide
for that oversight funding within the Recovery Act.
H.R. 2182 incorporates the objectives of that bill and will provide
additional certainty that money spent through the economic stimulus is
spent wisely. This local and State funding represents some of the most
important stimulus funding, because it is protecting the jobs of
teachers, firefighters, police officers, as well as essential human
services, across the country.
I commend Chairman Towns for his leadership and commend my colleagues
for the passage of H.R. 2182.
____________________
DON'T SACRIFICE TWO GOOD-PAYING AMERICAN MANUFACTURING JOBS TO CREATE
ONE ``GREEN'' JOB
(Mr. ROE of Tennessee asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. ROE of Tennessee. Mr. Speaker, this week the House Democrats on
the Energy and Commerce Committee are marking up a more aggressive cap-
and-tax bill than what even the President had proposed. On the campaign
trail last year, the President said his plan would cause electric rates
to skyrocket, and the bill being considered this week will cause
electric utilities even more disruption than what the President
proposed.
Individuals and businesses everywhere need to start paying attention
to the threat this bill poses. The nonpartisan Congressional Budget
Office estimated such a plan would increase the average household's
electric bill by $1,600 per year.
Since the bill requires no concessions from developing countries,
businesses like Eastman in Kingsport, Tennessee, who are engaged in a
tooth-and-nail competition with China, can't pass increased energy
costs on to consumers and maintain their market share, which means that
employees could lose their jobs if this bill passes.
I urge those on the other side of the aisle not to sacrifice two
good-paying American manufacturing jobs to create one ``green'' job.
____________________
PASSAGE OF HELPING FAMILIES SAVE THEIR HOMES ACT
(Ms. MOORE of Wisconsin asked and was given permission to address the
House for 1 minute and to revise and extend her remarks.)
Ms. MOORE of Wisconsin. Mr. Speaker, I am so pleased that Senate bill
S. 896 included the first major reauthorization of the McKinney-Vento
homelessness bill. I have worked diligently on this bill with
Representative Waters for over a year, particularly on provisions that
would expand the definition of homelessness and give agencies more
flexibility so that they could assist folks who are at risk of becoming
homeless within 14 days.
I want to thank Congresswoman Waters, Congressman Frank for their
leadership, also to thank Representative Biggert, Representative Jeff
[[Page 12799]]
Davis and Representative Andre Carson.
Too many families in today's recession are just one paycheck away
from making their rent, and we have seen hundreds of thousands of
foreclosures, many more expected this year. These families are also at
grave risk of becoming homeless.
This provision also will serve victims of domestic violence trying to
flee their abusers. It will allow families to seek emergency shelter
due to the imminent loss of their housing. It gives local homeless
agencies greater resources and flexibility.
____________________
REMEMBERING THE LIFE OF COACH CHUCK DALY
(Mr. THOMPSON of Pennsylvania asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. THOMPSON of Pennsylvania. Mr. Speaker, today I honor a man who
held his first position as a head coach at Punxsutawney High School in
my district, coaching the Chucks. You will recognize the name of this
coach, Chuck Daly, and realize some of his fame came much later when he
led the Detroit Pistons to two National Basketball Association titles.
This is a man who was voted one of the 10 greatest coaches of the
NBA's first half century in 1996, 2 years after being inducted into the
Basketball Hall of Fame. He was the first basketball coach to win both
NBA and Olympic titles, and he led the Dream Team to gold in the 1992
Olympics.
Daly, who died May 9 at the age of 78 in Jupiter, Florida, will be
honored by basketball legends and eulogized by members of professional
teams.
But in Pennsylvania, we remember that he was born in St. Mary's,
Pennsylvania, attended Kane Area High School and Bloomsburg State. We
remember that he led Pennsylvania University to a 125-38 record in six
seasons.
In short, today we honor a hometown boy.
____________________
NEW MILEAGE STANDARDS
(Mr. QUIGLEY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. QUIGLEY. Mr. Speaker, I wish to thank President Obama for
announcing new mileage standards which will reduce carbon emissions 30
percent by 2016 and reduce our dependence on foreign oil.
Another great Chicagoan, Daniel Burnham, once said, ``Make no little
plans; they have no magic to stir men's blood.''
Well, now is the time for us to make big plans on behalf of
generations we will never live to see. Now is the time to broaden our
attention span beyond the next election cycle. Now is the time to think
about those who can't vote yet but will have to breathe the air, drink
the water, and pay the debts we leave behind. Now is the time to work
together to make big plans on robust climate change based on
verification, sustainability, and renewable energy.
As we think about what to do with our time here in Congress, let me
leave you with an old Irish blessing: May there be a generation of
children, on the children of your children.
____________________
GLOBAL WARMING JUST ISN'T PANNING OUT THE WAY THE LEFT THOUGHT IT WOULD
BE
(Mr. KINGSTON asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. KINGSTON. The icon on the left, Al Gore, spent millions of
dollars, of course of other people's money, talking to everybody about
global warming. And it was embraced with great passion by the left,
global warming, global warming, global warming. But then when their own
scientists peeled off and said it doesn't look like it's going to quite
trend the way we think it is, what did they do? They pivoted. Well,
they just mean climate change in general. I say that as somebody who
rode his bike to work today, 49 degrees in the middle of May. I guess
the global warming just isn't panning out the way it should be.
But not to be bothered by it, the left is going to continue with
their cap-and-tax proposal, reducing emissions to 80 percent of what
they were in America in 1910, when we had 92 million Americans. And
what's it going to cost you taxpayers? $1,500 a household, because do
you think your good old friendly utility and gas company is just going
to absorb this new tax on them? Of course not.
Businesses aren't going to pay taxes over the long run. It's a
function of cost, which is going to be passed on to the consumer;
$1,500 per household, and they're going to exclude nuclear energy which
is good enough for four out of five houses in France but not here in
the Obama administration and the America that they want it to be.
____________________
{time} 1500
SPECIAL ORDERS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, and under a previous order of the House, the following
Members will be recognized for 5 minutes each.
____________________
FOREIGN NATIONALS IN STATE PRISONS COST TOO MUCH
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE of Texas. Mr. Speaker, we have talked a lot about the
different entities that don't pay their bills, but the U.S. Federal
Government is also a culprit that does not pay its bills. Let me
explain.
The 9/11 Families for a Secure America Organization say that 32
percent of all people incarcerated in the United States for crimes
other than immigration violations are in the United States illegally!
With Texas being a border State, we get a lot more of these criminals
in our jails than the rest of the country.
The administration wants to eliminate a program that helps Texas pay
for keeping these criminals in jail. It's called the SCAAP program. We
have porous borders because the Federal Government does not secure
those borders. When a criminal alien sneaks into the United States,
commits a crime, the State government must be financially responsible
for the capture and trial of that individual, not the Federal
Government, even though border security is a Federal responsibility.
That forces Texas to foot the bill for their medical care and feeding
them and housing them in jail. Sometimes Texas taxpayers are on the
hook for paying for their lawyer and other related costs.
The State Criminal Alien Assistance Program, the SCAAP Program,
doesn't even come close to covering the cost of keeping these criminal
aliens in Texas prisons, but it helps. However, the administration
wants to take away what little the Federal Government does send to
Texas and other border States, thus making the cost of border crime the
responsibility of State governments rather than the Federal Government.
Texas Governor Rick Perry today sent a letter to the President asking
him to reconsider cutting the SCAAP program. As a practical matter, I
side with the notion the Federal budget should be cut. There's enough
waste in the budget this year to keep the bureaucrats busy for years
trying to weed it all out. But this is not an example of wasteful
spending, far from it. This expense is because the Federal Government
refuses to secure the borders and, thus, border States are stuck with
the cost of crime created by foreign nationals and housing them after
they are convicted.
The Texas Department of Criminal Justice reports it cost Texas
taxpayers $143 million to keep over 13,000 criminal aliens in Texas
prisons just last year. These are major crimes. These are felonies. The
SCAAP program the bureaucrats want to eliminate only paid $18 million
of these costs. These criminal aliens serving time in Texas are not
there for an overnight stay. They are in prison for violent crimes
[[Page 12800]]
like rape, murder, kidnapping, and child abuse. Instead of eliminating
the Federal program that helps pay for these costs, it ought to be
expanded, or the Federal Government should take these prisoners.
Here's an idea. How about we send these criminal aliens to the
Federal facility in Gitmo? I hear there may be some room in that
facility soon. It's a nice place as far as Federal prisons go. I've
been there and have seen it for myself. They play soccer. They have hot
meals that are fit for a Sunday dinner table. There's plenty of
sunshine and fresh air, quite a step up from the overcrowded prisons in
Texas and other border States.
Or we should charge foreign countries the costs of housing their
citizens that are illegally in the United States that have committed
felonies. If they won't pay up, we can cut off their visas until they
do pay up. Or, in most cases, we should just deduct the cost of housing
these criminal foreign nationals from the foreign aid we send that
country.
State citizens have paid enough to a system that houses foreign
nationals in our prisons that have committed crimes in the United
States. Foreign countries should pay for the crime of their nationals,
or our Federal Government should pay. And since we're strapped right
now because of the Federal tax and borrow and spend and spend program,
we should even consider deducting our cost of the annual dues to the
United Nations to pay for incarceration of foreign nationals that have
committed crimes in the United States. Now, there's a plan that might
work.
And that's just the way it is.
____________________
WALL STREET ROUND 2: HEARTLAND INDUSTRIALISTS VS. WALL STREET
FINANCIERS
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Mr. Speaker, who thrust Chrysler into bankruptcy? A few
Wall Street investors who wanted more return on their investment as
opposed to taking the government's deal.
Who can't get loans to pay their employees or retool their businesses
in this new economy? Heartland industrialists.
Throughout our country, and especially in regions where manufacturing
built the middle class, the credit crisis has subjugated production to
Wall Street financiers. The warning signs were present when the Big
Three automakers were changed from production companies to cash cows
and transformed into financing companies back in the 1990s.
In Toledo, Ohio, automobile production started 100 years ago when
John North Willys bought the Pope Motor Company factory and started
turning out automobiles in our region.
When General George Marshall ordered production of a rough-and-ready
vehicle for American troops to win World War II, Willys won the
competition, and we made hundreds of thousands of Jeeps in Toledo, and
we continue to do that today. Toledo workers make the best-known brand
in the world.
Control of Chrysler, however, went to Daimler, and then to an
uncaring hedge fund known as Cerberus.
Who is Cerberus? No one knows. Worse yet, Cerberus even has a seat on
the trust created to handle the United Auto Workers' 55 percent
investment in Chrysler. But the UAW doesn't even have a seat, and it's
their money.
Wall Street, again, will call the shots, not the people whose money
they hold.
By the late 1990s, the auto companies were profitable on paper, but
only through their financing arms, because their Wall Street handlers
had rigged the Tax Code, through this place, to benefit car leasing,
fleet leasing, and financial activities. And you can trace the recent
demise of GM and Chrysler, discounting the equally devastating trade
and tax policies that bore down on them, to the year that they became
financing companies, not production companies.
Wall Street started to accumulate and milk the wealth of these firms.
When GMAC became a mortgage lender and sucked into Wall Street's
subprime lending in the late 1990s, then acquired by Cerberus, their
fate was sealed. Chrysler Financing is now subsumed under Cerberus,
too, as has been GMAC for quite a while.
It is true that the public wanted more energy-efficient vehicles, and
the Big Three failed to produce them. However, this goes back to
management who were in cahoots with Wall Street and the role of Big
Oil.
You can look at all of the green patents that these firms filed,
evidence of the industrial people, men and women inside these companies
trying to beat back the Wall Street house.
Why, in Europe, are the majority of cars diesel, but not here?
Why, in Brazil, are flex-fuel vehicles made by GM the norm but not
here?
I will tell you why. Because lots of people made money off the ``gas
hog'' cars of America. Global oil companies certainly did. And as oil
companies merged and went global, many Arab sheiks got filthy rich by
recirculating their petro dollars through, guess where, our own Wall
Street houses. Their wealth grew so huge they constitute one-seventh of
reinvested global capital that today props up our economy.
This goes way back to the time of Richard Nixon and Secretary of
State Henry Kissinger, whose secret U.S.-Saudi agreements were signed
through the Treasury to denominate Middle East oil sales in dollars,
thus assuring petro dollar reinvestment in this country's financial
system and saddling the American people with gas hogs for years to
come, because gas hogs meant more oil sales. The more oil sold, the
more Wall Street got petro dollars to recirculate.
Gradually, we became more and more embroiled in the Middle East,
where our troops stand today, over 150,000 of them. And more energy-
efficient cars would mean less deployment of U.S. troops to places they
shouldn't be in the first place. But Wall Street doesn't like that
game. They'd lose too much money and their greed would not be fed.
Beyond diminishing our Nation's innovation, this dependence also wed
our country to a diminishing resource found in these unstable,
undemocratic nations. For too long, it is has compromised the integrity
of the industrial might of regions like I represent in a critical
sector of our economy, as well as our defense base.
What great industrial Nation does not have a thriving automotive and
vehicular sector?
Wall Street continues to sell out our heartland. Let me repeat that.
Wall Street continues to sell out our heartland, sell out our
companies, sell out our workers. I hope the American people begin
paying attention to whom really has the reins of power in this country,
and it's time the American people reassumed that power to themselves.
____________________
PANAMA FREE TRADE AGREEMENT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
Mr. JONES. Mr. Speaker, I rise today to discuss the proposed United
States-Panama Free Trade Agreement.
It is very disappointing to see that the President intends to follow
the broken trade agreement of the previous administration by pushing
Congress to approve the Panama Free Trade Agreement.
We've had 15 years of the ``NAFTA-based'' trade model on which the
Panama agreement is based, and the results are in. We now have a $127
billion annual trade deficit with Mexico and the other 15 nations with
which we have free trade agreements. Since the passage of NAFTA, the
United States has lost over 4.5 million manufacturing jobs, over
364,000 in my home State of North Carolina alone.
We're in the worst recession since the Great Depression. Unemployment
is rising and may soon be over 10 percent. The last thing this country
needs is another free trade agreement that will
[[Page 12801]]
cause more good-paying American jobs to be outsourced. But sadly,
that's exactly what the Panama agreement will do.
Why is that the case? One of the primary reasons is because the deal
fails to level the playing field for U.S. producers. Let me give you
one product as an example: seafood.
One of the biggest industries in my district is commercial fishing.
The sector has been hammered by a flood of imports from overseas,
including Panama. Panama's number one export to the United States is
fish and seafood. They export over $100 million worth of fish and
seafood to the United States each year. That's more than 50 times the
amount that the United States exports to Panama. Their top exports
include products that compete with seafood caught by North Carolina
fishermen, including shrimp and yellow fin tuna.
With the Panamanians already having a huge advantage over United
States fishermen in terms of balance of trade, one would think that the
least that the United States negotiators could insist upon would be a
level playing field so that our fishermen could have the same ability
to access the Panamanian market as their fishermen have to our markets.
Sadly, that is not the case.
According to the United States International Trade Administration,
``while 100 percent of U.S. imports from Panama will receive duty-free
treatment immediately upon implementation of the agreement, only 82
percent of U.S. exports to Panama will receive duty-free treatment
immediately upon implementation.'' Duties on most of the remaining 18
percent of U.S. exports to Panama would not be eliminated for 10 years.
Now, how is that a level playing field? The simple answer is it is
not a level playing field, and the unfortunate result of provisions
like this would be the loss of even more United States jobs.
Mr. Speaker, poorly negotiated trade deals with Panama are one of the
main reasons our country finds its production base shriveling, our
unemployment rolls rising, and our economy in shambles.
Passing this agreement is bad for America, especially at this
perilous economic time, and I would encourage this administration to
rethink its position before it asks Congress to approve this Panamanian
trade agreement.
Mr. Speaker, with that, before I close, I do want to ask God to
continue to bless our men and women in uniform in Afghanistan and Iraq.
I want to ask God to please bless the families who have given a child
dying for freedom in Afghanistan and Iraq. And I close by asking God to
give wisdom and strength to the President of the United States. And I
ask God to continue to bless America.
____________________
{time} 1515
CURRENT CONDITIONS OR JUST A BAD DREAM
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Paul) is recognized for 5 minutes.
Mr. PAUL. Could it all be a bad dream, or a nightmare? Is it my
imagination, or have we lost our minds? It's surreal; it's just not
believable. A grand absurdity; a great deception, a delusion of
momentous proportions; based on preposterous notions; and on ideas
whose time should never have come; simplicity grossly distorted and
complicated; insanity passed off as logic; grandiose schemes built on
falsehoods with the morality of Ponzi and Madoff; evil described as
virtue; ignorance pawned off as wisdom; destruction and impoverishment
in the name of humanitarianism; violence, the tool of change;
preventive wars used as the road to peace; tolerance delivered by
government guns; reactionary views in the guise of progress; an empire
replacing the Republic; slavery sold as liberty; excellence and virtue
traded for mediocracy; socialism to save capitalism; a government out
of control, unrestrained by the Constitution, the rule of law, or
morality; bickering over petty politics as we collapse into chaos; the
philosophy that destroys us is not even defined.
We have broken from reality--a psychotic Nation. Ignorance with a
pretense of knowledge replacing wisdom. Money does not grow on trees,
nor does prosperity come from a government printing press or escalating
deficits.
We're now in the midst of unlimited spending of the people's money,
exorbitant taxation, deficits of trillions of dollars--spent on a
failed welfare/warfare state; an epidemic of cronyism; unlimited
supplies of paper money equated with wealth.
A central bank that deliberately destroys the value of the currency
in secrecy, without restraint, without nary a whimper. Yet, cheered on
by the pseudo-capitalists of Wall Street, the military industrial
complex, and Detroit.
We police our world empire with troops on 700 bases and in 130
countries around the world. A dangerous war now spreads throughout the
Middle East and Central Asia. Thousands of innocent people being
killed, as we become known as the torturers of the 21st century.
We assume that by keeping the already-known torture pictures from the
public's eye, we will be remembered only as a generous and good people.
If our enemies want to attack us only because we are free and rich,
proof of torture would be irrelevant.
The sad part of all this is that we have forgotten what made America
great, good, and prosperous. We need to quickly refresh our memories
and once again reinvigorate our love, understanding, and confidence in
liberty. The status quo cannot be maintained, considering the current
conditions. Violence and lost liberty will result without some
revolutionary thinking.
We must escape from the madness of crowds now gathering. The good
news is the reversal is achievable through peaceful and intellectual
means and, fortunately, the number of those who care are growing
exponentially.
Of course, it could all be a bad dream, a nightmare, and that I'm
seriously mistaken, overreacting, and that my worries are unfounded. I
hope so. But just in case, we ought to prepare ourselves for
revolutionary changes in the not-too-distant future.
____________________
SECRET BALLOT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Kansas (Mr. Moran) is recognized for 5 minutes.
Mr. MORAN of Kansas. The secret ballot is fundamental to free and
fair elections--and they're the hallmark of the democratic process.
Most every time Americans go to the polls to vote, they do so by the
means of a secret ballot. Secret ballots protect the voter's privacy
and allow the individual to vote his or her conscience without fear of
reprisal from those who disagree with the voter's decision.
As a Nation, we celebrate when the citizens of other countries who
were previously denied to vote in free and fair elections are finally
able to do so. We watched with pride several years ago as Iraqis braved
terrorist threats to cast their vote by secret ballot.
Mr. Speaker, if the secret ballot is used by Americans in local,
State, and Federal elections, if the secret ballot is used by citizens
of other nations for which American soldiers have sacrificed, don't
American workers also deserve this fundamental right?
If you can ask Kansans, they will say, Yes, workers do deserve the
right to a secret ballot election. A recent poll found that 65 percent
of Kansans surveyed believe that the secret ballot should remain in use
for union organizing.
Yet, despite the centrality of the secret ballot to our conception of
fairness and public support for its use, many in Congress are pushing
for the passage of legislation that would do away with this
longstanding principle. In its place, the Employee Free Choice Act
would allow unions to form if a majority of workers signed
authorization cards--a process known as ``card check.''
Without giving workers the protection of a secret ballot, each
person's choice would be known to others. It is not unreasonable to
believe that those who choose not to sign authorization
[[Page 12802]]
cards would be subject to intimidation and coercion.
While this should be reason enough to defeat the Employee Free Choice
Act, the legislation is further flawed. Provisions within the
legislation require a mandatory arbitration process that would allow
the Federal Government to dictate contract terms on businesses if a
first contract is not agreed to within 120 days. The contract would be
binding for 2 years and would cover decisions that are best left to
company leaders that understand the specifics of that business and are
most familiar with the competitive forces that the business faces.
In these difficult economic times, the government-imposed and -
written contracts would have an especially devastating impact on
businesses that would further delay our economic recovery. Allowing the
government to impose contracts on private firms and their workers would
effectively allow the government to pick winners and losers in the
marketplace.
The Employee Free Choice Act is bad for workers and bad for the
economy. Congress should reject this legislation and refocus its effort
on initiatives that would protect the rights and privacy of American
workers and strengthen the economy by creating conditions in which
businesses can grow, prosper, and create jobs.
____________________
60TH ANNIVERSARY OF THE BERLIN AIRLIFT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Nebraska (Mr. Fortenberry) is recognized for 5 minutes.
Mr. FORTENBERRY. Mr. Speaker, 60 years ago, the United States
embarked on a crucial operation to sustain and defend a vulnerable
entrapped people. The Berlin Airlift was a colossal strategic mission
that encouraged strength and fortitude in those held captive in Berlin.
Today, we honor those who designed and participated in this feat.
These brave veterans struck the first major blow in the new Cold War,
forcing Stalin to lift the blockade that impoverished Germany's
capitol, and thwarting the Iron Curtain's fall over the Western
strongholds. The efforts of these airmen embody the highest virtues of
American air defense, as they fused tactical brilliance, along with
innovation and with goodness in heart, in what is seen as one of the
greatest American humanitarian efforts of all time.
Our veterans provided food, coal, and medical supplies to the
besieged citizens of West Berlin each day, living up to the spirit of
the Greatest Generation. They led a seminal goodwill offensive that
succeeded in alleviating the suffering inflicted by Stalin's regime
that threatened the peace and prosperity of all those in Berlin, East
Germany, as well as throughout the world.
Some creative and generous pilots even found a heartwarming way to
connect with the children of Berlin during those airlifts. As they
carpeted the streets of Berlin with chocolates and candy, they drew the
hearts and minds of many children to goodness and liberty rather than
the pervasive Communist propaganda that sought to turn them against the
West.
The goodwill of this so-called ``Operation Little Vittles'' has
carried forward to the streets of Baghdad today, where many of our
soldiers relish opportunities to brighten the lives of Iraqi children
as well.
As we celebrate the 60th anniversary of the Berlin Airlift, let us
remember the veterans who exemplified our highest ideals of brilliance
and innovation in air defense, and whose integrity and dedication to
liberty have inspired so many vulnerable people throughout the world.
Their example renews our faith in the power of freedom and goodness to
prevail over tyranny.
Mr. Speaker, as the memories of World War II and the Berlin blockade
fade with the passing years, I believe it is even more important to
commemorate the spirit of kindness that led our veterans to bring hope
and to bring joy to the weary and beleaguered city of Berlin.
Mr. Speaker, a congressional resolution has been introduced to honor
their legacy. I'm grateful for this opportunity to celebrate this noble
endeavor, and I ask my colleagues to please join me in remembering and
thanking those who served 60 years ago in the Berlin Airlift.
____________________
NATIONAL ENERGY
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
Ms. FOXX. As the summer months quickly approach and families start to
plan vacations, our country continues to struggle with high energy
costs. That is why the Democrats' cap-and-trade, or better known as
cap-and-tax, energy plan is an irresponsible proposal that will do more
harm than good. The simple truth behind the Democrats' energy plan is
that it raises taxes, kills jobs, and will lead to more government
intrusion in our lives.
The Democrats' energy plan is really a $624 billion national energy
tax that will hit nearly every American family. This new national
energy tax will be paid by anyone who turns on a light switch or plugs
in an appliance.
With Democrats still hiding many of the important details of their
energy plan, a study that looked at a similar proposal estimated that
the impact will be roughly $3,100 every American household will have to
pay to the Federal Government.
Also disappointing is the fact that the Democrats' national energy
tax will hit the poor the hardest. Experts agree that lower-income
individuals spend a greater share of their income on energy
consumption. So while every American will be paying more for energy,
low-income households already living on the edge of desperation will be
hurt even more.
The truth is President Obama is aware of the impact his energy plan
will have on American families. While still a candidate for President,
then-Senator Obama said that under his cap-and-tax plan, utility rates
would necessarily skyrocket and said that those costs would be passed
along to consumers.
The impact of this national energy tax will not only be seen in home
utility bills or at the pump, but various estimates suggest that
anywhere from 1.8 million to 7 million Americans could lose their jobs
as well.
Though the President is promoting green jobs that may be created by
his cap-and-tax plan, any new jobs created will not come close to
compensating for those lost to this reckless energy policy.
We have no greater example of the devastation the cap-and-tax system
can have on an economy than Spain. After years of promoting green jobs,
Spain has the highest unemployment rate in Europe, standing at a
whopping 17.5 percent.
{time} 1530
Cap-and-tax has sought to be an environmentally friendly plan. The
truth is that it will relocate manufacturing plants overseas to
countries with far less stringent environmental regulations, in turn
trading pollution to another part of the world.
Republicans are for clean air, clean water and are committed to
solving our energy crisis. Republicans believe there is a better way to
achieve energy independence without destroying our economy and killing
jobs.
____________________
THE IMPACT OF CAP-AND-TRADE ON MANUFACTURERS USING COAL-GENERATED
ENERGY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Ohio (Mr. Latta) is recognized for
60 minutes as the designee of the minority leader.
Mr. LATTA. Thank you, Mr. Speaker. I appreciate the opportunity to
have this hour with my colleagues to talk about a very, very important
issue facing this country.
The issue that's facing this Congress is cap-and-tax. Why is it
important? Well, as you can see from this chart right here, Cap-and-Tax
Vulnerability by State. I'm from Ohio. I represent the largest
manufacturing district in
[[Page 12803]]
the State of Ohio as well as representing the largest agricultural
district in the State of Ohio.
If you see from this map where it says, the vulnerability key from
high, medium and low, you will see that Ohio, along with a good part of
the Midwest, is all facing a very, very tough time under this proposal.
At the same time I know when I am back home, I talk to the folks; and
they say, Well, who's proposing this? I say, If you look from
California to Washington. You go from Washington, D.C., up the coast to
Maine, that's where it is. You look at that--very low vulnerability.
That concerns me. It concerns me because, as I said, manufacturing is
the lifeblood in my district. I would like to talk about it for just a
few minutes.
First, every week I go out in my district. I go out in that district,
and I go into plants. We manufacture everything from car parts, to
batteries, to windshields, to washing machines. You name it, we make
it.
My district, when people say, What's your largest city? It's my
hometown of about 30,000 people. So over 140 miles east to west we have
a lot of small manufacturers out there. We have large manufacturers. We
have a large General Motors power train plant. When you keep going
across, you have a Chrysler plant. We have a furniture manufacturing
plant. As I mentioned, we have a washing machine plant.
We go across it, and then we have a lot of smaller ones. We have
plants that might employ 50, 100 people. But those are the folks that
make this economy run because small business is the main economic
engine for this country.
So when I see things like this where you look at the vulnerability, I
see that right off the bat, we're in trouble. But we're also in trouble
because Ohio, being a large manufacturing State in total, we have
another situation out there. And that situation is this: When you look
at the plants that we've had, we've had to grow, as our former Governor
and now Senator George Voinovich used to always tell us when we were in
the legislature together, that we had to work harder and smarter in the
State of Ohio.
Well, a lot of factories are that way now. They don't employ as many
people. But at the same time, we have watched a lot of these plants,
because of the economic downturn, having to lay people off. Every week
I go out into these plants. I remember one not too long ago I went into
the plant, and they said, We'd like to take you in the back. They
usually had around 180 employees. They said, We're down to about 70.
They said, We make brass fittings; and with those brass fittings,
they're in competition against the world. And of course that means the
Chinese right now. They said, It costs us X number of dollars to make
this product, and at the same time the Chinese can make it for 45
cents.
They can't have any more impact on them, especially if we're going to
raise the price of energy. We can't have a national energy tax because
if we do that, these companies are going to shut down, and they're
never going to open up again.
Back in 1982 we were coming out of that recession that started back
in the Carter years when--you might all remember--we had 21.5 percent
interest rates, double-digit inflation, double-digit unemployment
rates. It was tough; but people still thought, When this thing's over,
those factories are going to open up. I'm going to have my job back.
Not so today. Not so today because when people start looking around--
and we're in a global economy.
I was a county commissioner of Wood County for 6 years. We used to
compete against some parts of Ohio and over in Indiana and Michigan,
but now we're competing against people on the other side of the globe,
and they're going to eat our lunch if we're not careful.
When we have these situations, like I said, that you go into these
plants, and these folks are saying, We can't have one more increase or
we're out of business, they mean it.
Then the question is going to be when they come to me and say, Well,
where am I going to get a job? Or like last weekend I spoke to a
commencement address. I asked them beforehand, I said, Just out of
curiosity, what would you like me to talk about? They said, What we'd
really like you to talk about is telling our graduates what you're
working on, what you're helping to try to do to make sure that--where
we are going be when we come out of this tough economic situation that
we're in. So you have to start these things off by saying, You know,
I'm not going to paint you any kind of a rose-colored picture here.
If we work hard and we do the right things here in Congress, we're
going to survive. But if we pass the wrong pieces of legislation, I
can't go back to that same college in a couple of years and look at
those next graduates coming up and say, You know what, you're going to
have a job, because they might not. So what we have to do is think
about these things.
Just to show you on another chart something that the Heritage
Foundation put together, they took all 435 congressional districts.
What they did was, they put together a manufacturing vulnerability
index. They took what your State's percentage of energy usage from coal
was, and then they took from each district the number of manufacturing
jobs.
This is one of the times you don't want to be at the top of the list.
My good friend from Indiana, who will be on in a couple minutes here,
unfortunately ranks number one in vulnerability in this country because
of the number of manufacturing jobs and coal generation in the State of
Indiana. I'm number three because I have 80,623 manufacturing jobs, and
we get 87.2 percent of our energy from coal. You put those two things
together, and my manufacturing vulnerability index percentile rank is
at 99.5 percent, which puts you at three.
When I go across my district, I can't go out there and say, Things
are just fantastic. I'm telling them, Right now I want to try to keep
you in business, but I will tell you, if we start passing these bills
in this Congress to put a national energy tax on you, you're in
trouble. And not only are you in trouble, but every generation coming
up in Ohio is in trouble because these jobs aren't going to come back.
These jobs are not going to come back.
When you look, as I said, from 1982 when people thought, Well, we are
going to come back. Why? Because the United States was at the top of
the heap. Today the Chinese have become, in 2009, the number one
manufacturing country in the world. We got knocked off after over 100
years being on top. Not anymore. That's why we have to start thinking
about our future. When you talk about what the folks want to do here,
they need to look around the world a little bit.
Not too long ago in the Washington Times there was an interesting
article. The headline was Chinese Official Aims Emissions Cost At
Consumers. The folks here in Congress are saying, Well, it's not fair
if we do all these things. We need to have the rest of the world
cooperate with us. Well, guess what. Let me just read you one quote.
This is from their lead climate negotiator in China who said this:
``As one of the developing countries, we are at the low end of the
production line for the global economy. We produce products, and these
products are consumed by other countries. This share of emissions
should be taken by the consumer, not the producer.''
Interesting philosophy. They can produce it, but they're not going to
pay anything for it. They want us, for consuming it, to pay that cost.
But at the same time in this country what we're going to be doing is
we're going to be paying on both ends because we're going to be paying
to produce it. It's going to be very difficult for these manufacturing
jobs in States like Ohio and Indiana to stay in one spot.
The one thing would be that they might say, We're going to leave and
go to another State. But I've already had companies that are
multinational say, You know what, we don't even have to be in Ohio. We
don't have to be in the United States. We'll just produce it in another
country. That's where we are. And I'll tell you what, the future is
very bleak if we start looking at these things.
[[Page 12804]]
Last summer we talked about an all-of-the-above energy plan for this
country, and the American people got it. Because first of all, the
American people went to the gas station, and they saw, like in Bowling
Green, Ohio, $4.19 for a gallon of gasoline. People understood right
off the bat what was happening. But sometimes when they hear about cap-
and-tax, cap-and-trade they say, Well, we're not really sure what that
is. But it will affect everybody immediately when this thing starts.
Let me give you a couple of statistics here from a Heritage
Foundation report. This is about the negative impacts on consumers.
This is from the Heritage Foundation. By 2035 this legislation would,
one, reduce the aggregate gross domestic product by $9.6 trillion,
destroy 1.1 million jobs per year on average with the peak year seeing
unemployment rise by over 2.5 million jobs, increase the average family
cost of four by $4,800 a year, raise electricity rates by 90 percent,
raise residential natural gas prices by 55 percent, and increase
inflation-adjusted Federal debt by 26 percent or an additional $29,150
per person after adjusting for inflation. That's what this cap-and-tax,
this national energy tax is going to get us. This is a massive tax. We
can't afford it.
Going back to this chart, when you look at the States that are using
a lot of coal and you have a lot of manufacturing in your district,
well, we can't take it.
Now, let's go to the bottom of the chart. For those that are in favor
of it, you look at their percentile rank. Zero. Well, that's out in
California. Very little manufacturing. When you look at the number of
manufacturing jobs in the bottom four of California, you've got 15,500
and 19,000 manufacturing jobs in a congressional district. Again,
compare that with Indiana 3, which has almost 104,000 manufacturing
jobs, you wonder why we're concerned about this in the Midwest. You
wonder why we're concerned about this when we talk about making sure
that our people have jobs in the future.
Let's think about the tax bases out there. We've got areas in the
State of Ohio that are going to be devastated when you take these kinds
of numbers, and we're not going to have these jobs anymore. What's
going to happen to the local school districts? What's going to happen
to the municipalities? What's going to happen to the fire departments?
Everything? They're all going to be affected. So again, we can't afford
this, and it's a tax on the American people. It is a loss of jobs that
we can't afford in this country.
At this time I would like to recognize some of the other Members
today that are here. My good friend, the gentlelady from Oklahoma, who
I would like to recognize at this time.
Ms. FALLIN. Mr. Speaker, I want to thank Congressman Latta for
leading this special hour tonight on a very important topic to our
Nation.
When I go back to my home State of Oklahoma almost every weekend, I
hear a couple of things from my constituents back home. First of all,
they are very concerned about our economy. They want to know that they
will be able to keep their jobs, be able to have a salary, make their
house payment, pay their bills, take care of their families; and they
want to know their taxes are going to be kept low. They want us here in
Washington, D.C., to be a part of the solution, not a part of the
problem.
The second thing I hear back home in Oklahoma is that people talk a
lot about expenses and about the cost of living going up and how
concerned they are with all the spending that is going on here in
Washington, D.C., about the costs to their families and the costs to
their businesses.
Many of them say to me, Please don't let our gas prices go up like
they did last summer to $4 a gallon. We can't afford that anymore for
either our families or even our businesses. They say, Please don't let
my utility costs go up. We're hearing with cap-and-trade, cap-and-tax,
that our utility costs could go up by 30 percent and I'm on a fixed
number or I'm a lower income person, and I can't take a 30 percent
increase in my utility costs.
{time} 1545
They say things like, please don't let my businesses have more
operating costs. Or please don't raise my gasoline prices because I
won't be able to take my kids to school as freely as I had been able
to.
And so as we begin and have this debate about cap-and-trade,
controlling carbon emissions and about what we call the ``cap-and-
tax,'' I feel that the Democrat national energy tax would harm all
these things that people are concerned about. Experts estimate that
cap-and-trade, cap-and-tax, as I said, would raise utilities costs and
would raise costs on families to an estimated cost increase of around
$3,100 per family. A recent report by the U.S. Chamber of Commerce and
the National Association of Manufacturers says the new energy tax would
also cost the United States 3.2 million jobs at a time when we already
have a high unemployment rate throughout our Nation. And this means
that the future of manufacturing, the future of jobs in our Nation,
would be at stake, and especially at a time when we cannot afford, as a
Nation, to make the wrong policy decision that could further hurt our
national economy.
A strong manufacturing base is very vital to our economy and our
security as a Nation depends on our having a strong manufacturing base
and a strong economy. Many of us believe that we have are losing ground
to other foreign countries when it comes to competing for products,
production and also for market share.
I saw a recent report by the Industrial Energy Consumers of America,
and they said that from 2000 to 2008, imports were up 29 percent, and
manufacturing employment fell 22 percent, a loss of 3.8 million high-
paying jobs. And they said of great concern is that manufacturing
investment in the United States, as a percent of gross domestic
product, has been on the decline since the late 1990s.
Two-thirds of our world's pollution comes from other countries who
won't be under a cap-and-trade type piece of legislation, two-thirds of
the pollution in our world. But yet here in the United States we are
talking about a plan that would affect our business sector because of
the climate control legislation. Now we all want to do all that we can
to keep our air clean, our land clean and our water clean. That is a
very important goal for all of us. But not at the cost of risking our
national security or even our national economy.
We know that the Democrat solution is an energy tax. And we know it
won't work. The United States might cap and tax its carbon emissions,
but countries like China and India would never agree to restrictions
that are so economically destructive. And the result would be, for the
United States, more outsourcing of good jobs to other countries at the
worst possible time when, as I said, unemployment is at 9 percent.
Cap-and-trade is nothing more than a national energy tax. And its
effects would be far reaching to businesses, consumers and even more so
to rural America. Rural areas will be hit hardest by energy taxes.
Americans in rural areas must travel further for routine errands, in
fact, about 25 percent more miles than urban households, according to a
recent Federal highway data study.
Higher gasoline prices may not be the end of the world if you are
taking a subway in a major metropolitan city like here in Washington,
D.C., but higher gasoline prices are a big deal in small towns like I
grew up in, like Tecumseh, Oklahoma, especially when you have to
commute long distances to work. The numbers back that up. Rural
households spend 58 percent more of fuel than urban residents as a
percentage of their income.
And then you look at another important industry in rural America, and
that is agriculture. And agriculture is a bull's eye industry for
energy tax because it is energy intensive. Whether it is the fuel for a
tractor or fertilizer for the crops or delivery of food to a local
grocery store, agriculture uses a great deal of energy production.
Small businesses and American jobs are also a target of the cap-and-
trade, cap-and-tax system. A recent report from the
[[Page 12805]]
U.S. Chamber of Commerce and the National Association of Manufacturers
and other business groups states that President Obama's budget proposal
to reduce greenhouse gas emissions would result in a net loss of jobs
in our economy of 3.2 million and would shrink our household purchasing
power by $2,100. And while protecting our environment is a worthwhile
effort, and we are all for that, I cannot support legislation that does
nothing but levy taxes on small business, on rural America, on families
and on those who are on limited resources and raises just higher energy
taxes.
If you want a real solution to climate change, then we should focus
on incentives. We should focus on innovation, research and letting the
free-market system work. And yes, Republicans do have a plan that would
support energy production and also support clean energy, an all-of-the-
above energy plan. We support production of clean natural gas, wind
power, solar power, nuclear power as well as the traditional fossil
fuels. We, as Republicans, have our eye on the future, and we know that
the United States doesn't have an unlimited reserve of fossil fuels,
and we understand we need to pursue other energy sources, energy
diversity. But Republicans also understand that we can't get this
overnight by pursuing a series of damaging tax increases.
And Congressman Latta, I will yield back my time for further
discussion on this issue.
Mr. LATTA. Thank you very much. I appreciate that. You have brought
up some very good points, especially when you are talking about rural
America. I know in my district when I go in the plants, one of the
questions I always like to ask is how many folks have driven X number
of miles? It is nothing for people in my district to drive 30 to 50
miles one way to go to manufacturing jobs. If those manufacturing jobs
are not there or the cost of fuel is too high, they can't get there.
That is an excellent point. I'm glad you brought that up.
Ms. FALLIN. Thank you.
Mr. LATTA. At this time, I would like to call on and yield to a good
friend of mine from Ohio, the gentleman just to my south. Good
afternoon.
Mr. AUSTRIA. I thank the gentleman for yielding. And I want to thank
the gentlewoman from Oklahoma for putting things in perspective. I
think you did a very good job of laying things out. It certainly
applies to Ohio. And to the gentleman from Ohio (Mr. Latta), thank you
for your work in Ohio. I have had an opportunity to serve with you for
10 years in the State legislature. Together we worked on some good
things to move our State forward, comprehensive tax reform that lowered
income taxes for families and small businesses. We helped to make Ohio
more business friendly, especially in the manufacturing industry, by
phasing out tangible personal property tax and corporate franchise tax.
When we look at the proposals before Congress today, this cap-and-
trade proposal, on the surface, it sounds harmless. But it isn't. It is
not, for the reasons that the gentlelady from Oklahoma just talked
about. It hurts Ohioans as far as jobs, as far as businesses, and it is
not a good thing. This proposal is going to increase the price of the
cost of energy and the price for anyone who turns on a TV or fills up
their gas tank or turns on the heat in the winter. Their cost of energy
is going to go up.
The Congressional Budget Office, in the initial proposal that was
brought forth by this administration, estimated that the cost of energy
in the average household will go up approximately $1,600 per year. We
have seen figures as high as $3,000 per year by MIT and other credible
organizations that are following this very closely. So the cost of
energy is going to go up on not just Ohioans, but all Americans.
And I think at a time when we are struggling economically, we are
going through an economic crisis, it is not the time to be raising the
cost of energy on families and small businesses like we are going to be
doing with cap-and-trade if this moves forward.
Let me also point out the fact in our State, in Ohio, as in many
other States, in Ohio, manufacturing and agriculture are the two top
industries in our State and will get hit the hardest with cap-and-
trade. As was just mentioned by the previous speaker, manufacturing
jobs will be at stake. American companies will be less competitive
internationally against other countries that will not be playing by the
same rules, that will not have the same regulations on them like China
and India, and will put them at a disadvantage from a competitive
standpoint. That in turn is going to cost jobs.
Ohio, again, as in many of the other Midwest States across our
country that are heavily into manufacturing, is going to get hit the
hardest by this. And this is not a good thing for that industry, as
well as the agriculture industry, as was just mentioned, which relies
heavily on fuels for tractors, for transporting crops and going to the
store and so forth. So it is going to increase the costs of energy as
well as hurting those who are trying to do business in the State of
Ohio as well as job loss.
I also want to point out one other factor for our State, which I know
is very diversified from State to State, on the chart that you put up
previously. In the State of Ohio, 87 percent of our fuel, of our energy
comes from coal. And coal will be hit directly by the cap-and-trade. It
is going to put mandates on undeveloped technologies for coal-fired
plants. In some cases, coal-fired plants may not even be able to comply
with this, and they may have to close down. And that too could cost
jobs in the State of Ohio.
So when you look at the cap-and-trade and the way this is put
together, it should be called a ``cap-and-tax'' as many of the other
Members had mentioned because, Mr. Speaker, I think clearly this is a
cost that is being passed on to every American.
And Republicans, as was mentioned, do have an alternative. I think we
all want to see cleaner energy. We all want to see more efficient
energy. But we do have an alternative plan that is out there that will
have less reliance on foreign oil, that would look at the resources
that we have available in this country, that would help us produce and
make us more energy independent, give us more energy independence with
increased exploration and development of new and renewable energy
sources, to help promote alternative forms of energy like solar, like
wind and other alternative sources of energy that are out there. So we
do have an alternative way to get to where we want to go.
Again, I think the cap-and-trade doesn't make sense for Ohio, and it
is going to cost jobs. It is going to put an increase in the cost of
energy for all Americans. And I think we can do a better job and have a
better alternative out there that we should be pursuing.
And I thank the gentleman from Ohio for yielding.
Mr. LATTA. I appreciate your being here. And you bring up an
excellent point when you talk about jobs disappearing. Last summer, I
was number 9 in the list the National Manufacturers Association puts
out. I was number 9 in the United States in manufacturing jobs out of
435 districts. Earlier this year, I dropped to 13 already. And we are
watching those jobs disappear from across Ohio and across this country.
And you are absolutely right. We have a massive national energy tax.
Those jobs aren't going to stay. They can't compete. And they are gone.
So that is an excellent point. Thank you very much. I appreciate it.
At this time, I would also like to introduce my good friend from
Illinois who also represents manufacturing and what it can do to his
State and also across the Midwest.
Mr. MANZULLO. Mr. Chairman, the person who has been forgotten in all
the debate that has been happening is the American worker. I can
remember when I was a little kid, my dad used to pack his lunch box, a
black tin box with a round top, with a salami sandwich, a piece of
fruit and a thermos of coffee, as he would rise early in the morning,
go off to work at the factory, and come back with a sense of
satisfaction that he had made something with his hands.
[[Page 12806]]
And that perhaps is the emblem of the American worker, somebody who
actually worked in a factory and then became a master meat cutter in
his grocery store, master restaurateur, and at the same time was an
expert carpenter and cabinetmaker. He was a person who could do
marvelous things with the hands that God gave him.
That perhaps also is the picture of the American that we are not
examining as we take a look at this entire cap-and-trade system.
Because after all, it is the American worker who is going to be
disadvantaged in many ways because of this theory that the majority
wants to impose upon the American family, which according to the
nonpartisan Congressional Budget Office, would spike the cost of energy
for the average American family of somewhere between $700 and $2,200 a
year. So we start with the fact that the American worker is going to be
paying a lot more for his or her energy at home before he leaves and
goes off to the factory.
Once he gets to the factory, exactly what is going to happen? Well,
the factory is already under tremendous competition, competition
domestically because of high productivity of the American manufacturers
and competition because of offshore, because of countries that don't
have OSHA standards, that have very few environmental standards, who
care less about the safety of the worker and more about shipping that
product to the United States.
{time} 1600
So we start with the distinct disadvantage already in the
manufacturing sector. How much more can the American worker take? How
much more can the owner of that factory take?
I assembled this past week--in fact, yesterday--in the congressional
district that I represent, a congressional district that has in its
largest county an over 25 percent manufacturing base--55 or 60 small
manufacturers. I laid out to them this cap-and-trade system and exactly
what it would mean to them as manufacturers. The looks upon their faces
were nothing less than startling because we start with the proposition
that 535 people in Washington, D.C., suddenly wake up in the morning
and decide, well, America should go into the green business, that
America should get involved in the energy-saving business as if the
American manufacturer and his worker have been on the sidelines, doing
nothing.
You have great manufacturers out there, like the Perks family from
Rockford, Illinois. The Perks family has been around for three
generations now, involved in combustible burners. Their goal has always
been to make the most efficient combustible burner possible, and they
lead the world in that technology. They just didn't wake up one morning
and say, ``We should start saving energy.'' That's what productivity is
all about. That's what the American manufacturer is all about--to be
giving him and the small inventor the opportunity to be able to go out
and to make products--to make them run faster, quicker, and leaner.
The Federal Government didn't invent the term ``lean manufacturing.''
The Federal Government didn't come up with ISO standards of excellence
and productivity. The Federal Government does more to hinder the
innovation ability and the productivity and the energy savings of the
American manufacturer than it does to help them out. Take, for example,
all of the American machinery in Harvard, Illinois. There is an
extraordinary patent on being able to run hydraulics on an as per unit.
It gives a shot of power to move that hydraulic pump, and then the unit
shuts off, saving between 60 to 80 percent of the energy costs versus a
machine that runs all the time.
No one in Washington called the people back home in Harvard,
Illinois, and said, We have this great idea for you. The people in
Washington are calling the people whom I represent and are saying, I've
got news for you. I don't have new innovations for you. I don't have
new technologies for you. I have a new task that's going to make you
less competitive with the world, the so-called ``cap-and-trade tax,''
because the people in this body and in the other body are going to say
that we are manufacturers and that we know everything about
manufacturing as we sit here in our pin-striped suits and don't even
know what the sweet smell of machine oil is because most of them have
never been in a factory in their lives. They're going to tell our
American manufacturers how to run their factories.
As I talked to our American manufacturers yesterday, 55 or 60 of
them, several have places where they're already manufacturing for
domestic consumption in China and in Mexico. Their faces spoke the
results. If it's going to become so much more expensive to manufacture
in the United States, we'll just do more manufacturing in Mexico and in
China. Do you know what, Mr. Speaker? The cost of shipping finished
items from China to the United States will be less than the cost of the
increase in power for people to make their products under the new cap-
and-trade bill. This is absolute lunacy to be able to subject the
American manufacturer and the worker to this, the worker who gets up at
the crack of dawn every morning, who packs his lunch box and goes off
to work and gets in his old car and puts in 8 or 10 or 12 hours a day,
working to support his family, working to get the kids through college,
working to pay the mortgage. All of a sudden, Congress says, You don't
know what you're doing. You don't know how to run your factory.
All we have to do is look at what happened in Europe. Look at the
famous cap-and-trade system in Europe. Now, I don't usually look to the
Europeans for examples except when they fail. In this case, the cap-
and-trade system, Mr. Speaker, has been a complete and total failure.
Why is that? Well, it's because you go across the Strait of Gibraltar,
into Morocco and northern Africa, and you see countries that are not
locked into the same type of system of control emissions. In fact,
Kollo Holding in the Netherlands makes a silicon carbide. According to
an article in The Washington Post, it's used as an industrial abrasive.
It's the finest factory that you could find, the best in ecological
construction, the finest in meeting the most stringent requirements to
reduce the emissions of carbon. They're in big trouble, huge trouble,
because right across in Morocco you will find a competitor--and in
China--that can make it cheaper and that can ship it to Europe.
So what happens to the brave soul in Europe who complies with their
ill-fated cap-and-trade system? He'll probably go out of business.
That's exactly what happens. What's going to happen to the United
States? There will be a southern movement to Mexico as American
manufacturers will be making more of their products in Mexico and
shipping it across the border because it will be a lot cheaper as they
won't be sacked with a cap-and-trade system.
If you take a look at the Government Accountability Office report of
December of 2008, this is their own organization that sets up standards
by which to make measurements of efficiencies in different programs.
The Government Accountability Office says there are better, less
expensive and more direct methods to accomplish the goal of reducing
emissions. Well, that's interesting. What are those? Well, perhaps
someone ought to take a look at what the American manufacturer is
already doing. You can go to a Danish manufacturer in Rockford,
Illinois, called Danfoss. Danfoss makes these machines that hook onto
another machine. The Danfoss machine, Mr. Speaker, measures the exact
amount of energy necessary in order to run the machine right down to
the lowest fraction of electrical unit required. It is highly
efficient.
No one from Washington called the Danfoss engineers and said, We have
an idea for you. We, in Congress, wear pin-striped suits, and we can
tell you how to run your manufacturing facility. No one called the city
of Rockford years ago and said, We've got a great plan for you where
you could take the sewage that you have in the city, turn it into
methane and run three turbines so you could help the electrical grid,
and
[[Page 12807]]
there would be many fewer carbons going into the air.
Mr. Speaker, Washington has no news for the American manufacturer or
for the American worker except bad news. That's why we have to defeat
this. We already have a lot of plans in place. One is the Republican
alternative, and that's the one that rewards ingenuity. It makes it a
lot easier for people to change to the latest techniques, to scrub the
air, to scrub the environment. It just amazes me. It totally amazes me.
We are in Rockford, Illinois, where there is close to 14 percent
unemployment. It's the same in Belvidere, Illinois. Our Chrysler plant
is closed for 60 days. Chrysler is in bankruptcy. We've gone from 16
million cars sold 2 years ago to 8 million cars sold this year. On top
of all of the problems that manufacturing is having, now we need one
more--one more regulation, one more requirement, one more chop on the
block of the American manufacturer.
It's time to say ``no'' to this big government that thinks it knows
best. It's time to say ``no'' to Washington that thinks it has all of
the answers. It's time to say ``yes'' to the American worker, ``yes''
to the little inventor, ``yes'' to the American manufacturer--the
people who made things with their hands, the people who created all the
wealth in the world, the leaders in technology, the leaders in
ingenuity--not with the help of government but with the help of their
own minds and their own hands.
Mr. LATTA. Well, I thank the gentleman, and he is absolutely correct.
When you look at these margins that these companies are working with
today, they are slim.
It's the same thing in my district. You know, I get in those plants
every week. When I go in those plants, they show me what one blip of an
electrical costs. I have massive, heavy energy users in my district,
especially on the electrical side. With one blip, they could say, You
know what? We're done. We'll go overseas. We don't need this, and we
don't need one more Federal regulation. We don't need one more
government bureaucrat telling us how to run our business, and we're out
of business in this country.
Then what do we tell our constituents? What do we tell the next
generation of Americans out there? That you don't have a job. What do
you have to look forward to in the future? It's not very bright when
you look at this piece of legislation.
You know, the President said when he was running for office that,
Under my plan of a cap-and-trade system, electricity rates will
necessarily skyrocket.
That will cost money. They will pass that money on to the consumers.
It goes from one to the next, and it's going to finally get down to
those honest people who are going to try to be in those factories,
making a product, finding out first they don't have jobs and, at the
same time, that their electricity rates at home are just going to
skyrocket. How are they going to make a living? How are those kids
going to go to college?
I thank the gentleman.
At this time, I'd like to yield to my friend from Louisiana. Thank
you.
Mr. BOUSTANY. I thank my friend from Ohio for yielding time to me.
I want to go back for a moment, back to March, at a time when the
Ways and Means Committee in the House convened to hear Secretary
Geithner's testimony to us regarding President Obama's budget proposals
and specifically regarding the issues related to cap-and-trade and some
proposed tax increases on the oil and gas industry. In fact, in
addition to cap-and-trade, the administration is proposing $31.5
billion in increased taxes on the U.S. domestics--the small,
independent companies that produce oil and gas and that power our
country. So, at the time, I had a very simple, a very straightforward
question for Secretary Geithner, who was testifying.
I said, Mr. Secretary, how many jobs will this kill, particularly on
the gulf coast? The gulf coast is trying to recover from hurricanes,
but yet, at the same time, it has done a magnificent job of getting the
oil and gas industry back up in the Outer Continental Shelf and
inland--our refineries--to provide energy for our country. So I asked
him simply: How many jobs do you intend to kill with this budget? He
could not answer the question. So I gave him a little time, and I
followed up with a letter to Secretary Geithner.
Two or three weeks elapsed. I received a letter today, and I have yet
to receive an answer on how many jobs this administration intends to
kill with its energy policy of cap-and-trade and of increased taxes on
the domestic oil and gas industry.
Now, I know for a fact that we have about 1.5 million people directly
employed in the oil and gas industry and that there are about 6 million
additional folks who have jobs related to this, whether in
manufacturing or in support services. So, if we look back and if we
look at a time when a previous administration, Mr. Carter's
administration, raised a windfall profits tax on the oil and gas
industry, it devastated our domestic industry. What happened? We became
more dependent on foreign oil, and we saw price spikes in energy.
So what's going to happen with this massive tax increase that is
compounded by cap-and-trade? Well, my prediction is we're going to see
massive job loss.
I was down in Louisiana for 2 weeks back during the Easter recess. I
toured and went along the coast, and I visited a lot of these small
companies, companies that employ pipefitters and welders, people who
work on the boats, folks who do the electrical work on these rigs,
people who do the fabrication work. These are good-paying jobs, high-
paying jobs with benefits. These are manufacturing jobs, the same kind
of manufacturing jobs my friend from Illinois just spoke about.
{time} 1615
And our President says his goal is to save or create 3.5 million jobs
before the end of 2010. I want to know a simple answer to the question
I posed: How many jobs does this administration intend to kill with its
energy tax proposals? It's a simple question.
And I think the American people deserve an answer. And certainly the
good, hardworking folks down in Louisiana and Texas and Alabama and
Mississippi who supply a large amount of the energy that this country
uses deserve a simple, straightforward answer from Mr. Geithner and
this administration.
Now, let me make one clear point here. I want to quote something
first. Let me quote something from this letter that I received from
Secretary Geithner. He says, ``To the extent the credit,'' he's
referring to the tax credits that the oil and gas industries had since
1913, ``to the extent the credit encourages overproduction of oil, it
is detrimental to long-term energy security.'' Overproduction of oil?
Does any American believe that we have overproduction of oil? I would
like to know what planet the Secretary is living on. What kind of
information is he getting, for God's sake?
Now, I think it's also important to recognize that if we're going to
have a reasonable and sensible energy policy that the American public
can believe in, an energy policy that diversifies our sources of energy
and utilizes oil and gas and clean coal technology and nuclear power as
well as green technology and alternative fuels, that's the kind of
energy policy that we're promoting. That's the energy policy that the
American people want to hear about. That's the energy policy that will
unleash individual American genius to solve our problems.
But if you're thinking about energy policy, our transition to that
strategy involves natural gas as a diversified fuel as well as
expanding nuclear power. But keep in mind that 30-35 percent of the
natural gas that this country uses comes from rigs, oil and gas rigs
that were drilled within the last 2 years. 35 percent.
Now, I have to tell you that the rig count in the United States since
September is down by over 50 percent and dropping because of these tax
proposals. It's dropping, and that means we're going to have a shortage
down the line of natural gas and oil, and
[[Page 12808]]
we're going to become more dependent on oil from foreign sources, and
we are going to become more dependent on liquefied natural gas being
imported into this country.
All the while, we're kind of like--we're the Saudi Arabia of natural
gas. We have a lot of natural gas reserves, but we're not utilizing
them. And this energy policy that the President is proposing, these tax
increases will devastate our industry, and we will become more
dependent.
So, again, I asked President Obama and Secretary Geithner how many
jobs do you intend to kill with this policy? And I think the American
people, again, deserve a straight answer. Again, we're talking about
good high-paying jobs across the board, manufacturing jobs, jobs that
allow folks to buy homes, jobs that allow them to send their kids to
college.
Finally, let me just say that I believe it is wrong for this
administration to deliberately pick winners and losers. It's the height
of arrogance. What we ought to be doing with an energy policy is
unleashing American genius to solve these problems, the same kind of
genius that have solved many problems before in this country.
One last thing I would like to mention is that back during the heyday
of World War II when this country was in a fight against Nazi Germany
and the Japanese and the concerns about energy were there and there was
a fight for oil reserves and so forth, there was also a fight to see
who was going to get nuclear power first. And it was because this
country had a well-developed manufacturing and refining system with all
of the chemical engineers, the petroleum engineers, that they were able
to bring forth enough of the technical capability to win the race for
atomic energy. And this is the same energy industry that this
administration is currently trashing with this tax policy.
So, again, I want to know a simple answer to a simple question: How
many jobs does the Obama administration intend to kill with cap and
trade and with these targeted tax increases on the oil and gas
industry?
With that, I will yield back to my friend.
Mr. LATTA. I thank the gentleman.
If I could just comment on a couple of things that he said.
I think you're absolutely right. I know when they shut the lights on
us right here on this floor last year when we were down here talking
about energy--and it wasn't hard to remember that we were talking about
65 or more percent of all of the energy that we were consuming in this
country was being imported in this country. I remember those T. Boone
Pickens commercials saying the largest transfer of wealth in history
was occurring. I believe the number was like $700 billion per year. And
so when you see those things happening, it's hard not to get up here
and speak out on that.
I yield back to the gentleman.
Mr. BOUSTANY. This administration doesn't understand the difference
between our large multinational energy companies like ExxonMobil,
Chevron that do most of their work overseas, and independently owned,
American-owned energy companies working in the Gulf of Mexico who
provide most of the oil and gas that this country utilizes. These are
small companies operating in the Gulf of Mexico, predominantly, some in
California and other areas around the country, but predominantly in the
Gulf of Mexico. And this industry will be devastated by these tax
proposals, and it's going to hurt our energy production, and it's going
to make the price of oil and gas and gasoline and electricity go up
significantly. It's absolutely the wrong policy at this time. We need a
diversified energy policy, and we shouldn't punish those who are
producing energy that Americans need desperately today.
Mr. MANZULLO. Would the gentleman yield?
Mr. BOUSTANY. I would be happy to yield.
Mr. MANZULLO. I thank the gentleman.
Perhaps the answer to the number of jobs that would be lost may be
found in the draft of the American Clean Energy and Security Act. This
is the Cap-and-Trade Act under title IV, if I'm reading this correctly,
because it talks about worker transition. Now, that normally means
somebody who's lost his job as a result of a government regulation and
has to transition to something else. So they already are figuring that
some people are going to be losing their jobs.
My gosh, you take a look at the quote of the President. It's going to
cost a tremendous amount of money, electricity rates will skyrocket in
factories. When you look at the small margin of profit, for example, on
castings--already under tremendous pressure from overseas--they won't
be around.
But something happened interestingly yesterday at the conference we
had in Rockford, Illinois. Dr. Redmond Clark is a Ph.D. in
environmental sciences. He's also an inventor and runs a business, and
he said this astonishing statement: If American manufacturers, if all
of America went to zero carbon emissions, within 7-10 years, the
Chinese would more than compensate and put into the air all of the
carbon emissions that the Americans had saved. Now, that is how flawed
this plan is.
Mr. BOUSTANY. I thank the gentleman.
I would just add that really a productive way to reduce emissions
would be to work out a cooperative agreement with China--which also has
large amounts of emissions into the atmosphere--and let's use the
technology that we have today to work with the Chinese to reduce
emissions. But instead, with these tax proposals, they intend to
destroy this industry. And I will tell you from my experience in
Louisiana in the 1980s, once these jobs are gone, folks leave. They go
off and do other things. That expertise is gone. You can't develop it
overnight. And this is at a time when our energy needs are critical.
So I have to say when the President talks about saving or creating
3.5 million jobs, this policy is not the way to do it. It will kill
jobs, and it will kill many jobs.
Mr. LATTA. I would like to yield to the gentlelady from Oklahoma.
Ms. FALLIN. I appreciate your comments.
We're already seeing some of the effects in our oil and gas energy
sector in the State of Oklahoma of job losses already just by talking
about the cap-and-trade piece of legislation. And you were mentioning a
few moments ago about the pollution of other countries and how if we
have cap and trade here and we try to control our emissions--which we
should, we should have reasonable policy on that--how China and India
and some of those other growing economies will still keep polluting. In
fact, a statistic that I saw said two-thirds of the world's population
comes from countries other than the United States. So while we may put
some heavy restrictions that could cost jobs and investment in the
United States, these other countries will take those market shares from
us and continue polluting.
I was interested in your comments by Secretary Geithner who said we
have an overproduction of our oil, which that is an unusual comment
when our Nation is so dependent upon foreign energy. I think many of us
in this body believe that our country is at risk in our national
security and economic security by buying almost 70 percent--65, 70
percent of our energy supplies from other foreign countries while
spending around $700 billion buying that foreign energy. Just think
what that $700 billion--if we produced our own energy--what that would
do in our Nation as it relates to jobs and investment in our
marketplace here in the United States.
But yet we continue to send that money to foreign countries buying
their energy versus encouraging innovation, free enterprise here in
United States of all kinds of energy sources.
And I just truly believe we have the knowledge, we have the capacity
and the intellect in the United States to develop these alternative
means of fuel and to reduce our carbon emissions. Look at natural gas.
There is a proposal here in Congress to encourage more investment in
C&G cars, more infrastructure investment in natural gas. And I hope
that we continue to push
[[Page 12809]]
those kinds of policies rather than massive tax increases and standards
that will actually hurt our national economy and hurt our jobs.
Mr. MANZULLO. Will the gentlelady yield?
Another shocker that we found out is built into this proposed bill,
there is a threshold limit so that the smaller manufacturers--and you
don't even have to have a smokestack to be covered by this because
buildings naturally emit a carbon dioxide going out through the
windows--but the smaller manufacturers would be exempt from cap-and-
trade. However, the EPA has now empowered itself to control carbon for
greenhouse emissions. So they will be coming in with another layer of
regulations even for the smaller ones.
And--and this is almost certain--the EPA, in the past several months,
had this proposed standard to tax cows. Any farmer that has a herd in
excess of 25 cows--because cows are big methane emitters--$125 per head
per year. I don't make that much profit when I sell my beef cattle,
even though we haven't done it in the past couple of years.
Washington, D.C. must be its own planet, how people can come up with
these absurd ideas. And back home, we have two methane digesters. Some
farmers got a little grant from the government to help out, and that's
fine, and all of the waste from 300 dairy cattle near Pearl City,
Illinois, go into this methane digester, and the methane is recaptured,
goes back on the grid. It's enough to run a city of 500 homes. It's
amazing.
How is it that people that know so little about manufacturing can,
overnight, come up with the idea that they are the experts on green
manufacturing as if American manufacturers were doing nothing to
increase productivity?
Mr. BOUSTANY. If the gentleman would yield,
You know, U.S. companies in the oil and gas industry do the safest
and most environmentally friendly work of any of the companies around
the world. We've got Louisiana and Texas expertise disbursed all over
the globe as a result of what happened back in the 1980s with the
windfall profits tax. I run into workers all the time who are coming
back to Louisiana to visit family. And they have been away, and they
wish they could work in the Gulf of Mexico around this country doing
work in this country to produce energy for our country. Yet, they were
pushed out. We lost those jobs. And as the energy industry has started
to come back, now we're seeing the specter of these increased taxes,
which will be devastating.
And, in fact, I have a friend of mine--he and I finished college
together--he's a petroleum engineer, and he's lived his entire
professional life overseas because he went out into the work world at
the time that this tax took place and devastated the domestic energy.
With that, I yield back to my friend.
Mr. LATTA. I recognize the gentlelady from Oklahoma.
{time} 1630
Ms. FALLIN. I thank the Congressman. I have one thing I just wanted
to add. President Obama has talked about how the United States can
achieve a new long-term subsidization of green jobs like similar to
what Spain has done, and I have a report from the Institute For Energy
Research, which talks about other countries.
And what has happened is they have spent billions of dollars of
taxpayer resources to subsidize renewable energy programs and to add
more greening within their societies. And as they passed some carbon
tax-type legislation, it was showing that, according to their results,
compared to what the United States could expect, that the U.S. can
expect 2.2 jobs destroyed for every one renewable job that is financed
by government-based bond, what has happened in Spain. Only one of 10
jobs actually creating a green investment would be permanent. They'd be
temporary jobs.
Mr. LATTA. I thank the gentlelady.
____________________
IMPACT OF CAP-AND-TRADE ON MANUFACTURING
The SPEAKER pro tempore (Mr. Carson of Indiana). Under a previous
order of the House, the gentleman from Illinois (Mr. Manzullo) is
recognized for 5 minutes.
Mr. MANZULLO. Mr. Speaker, we've just concluded an hour of debate on
manufacturing and the impact that this cap-and-trade system will have
on manufacturing. I wanted to add a footnote from the congressional
district that I represent. It's the top of the State of Illinois.
And near east of Dubuque, on the Mississippi River, is a company
called Rentech that makes hydrous ammonia urea and products for
agriculture. They were in the process of switching to what's called the
Fischer-Tropsch process--it's an old German process--substituting
natural gas and in its place putting coal, bringing coal up the
Mississippi River.
And one of the byproducts of that coal would be diesel fuel, in
addition to the hydrous ammonia, urea, et cetera, that could come from
that facility.
Once the owners found out about a proposed cap-and-trade system, that
stopped that half-billion-dollar investment in the congressional
district that's smarting with unemployment, running as high as 14 and
15 percent. Just the talk, just the threat of a cap-and-trade has
already stifled innovation.
And that's why it's extraordinarily important that we take a look at
alternatives such as the ones suggested by GAO that can accomplish the
same things without these onerous requirements and regulations on the
backs of our American manufacturers.
And so those of us who were really concerned about the loss of
manufacturing in this country, those of us who really want to see us
become less dependent upon the Chinese and the Indians and the Mexicans
and other countries around the world and to look to ourselves for self-
sufficiency, to restore manufacturing in America, we cannot have this
cap-and-trade system because that has already stifled a half-billion-
dollar investment in the congressional district that I represent.
____________________
CHANGING OUR ENERGY POLICY
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Kentucky (Mr. Yarmuth) is
recognized for 60 minutes as the designee of the majority leader.
Mr. YARMUTH. Mr. Speaker, it's been very interesting to have engaged
in discussions over the last few months about changing our energy
policy, and it's been particularly interesting listening to my
colleagues on the other side talk about their vision of where this
country goes or, rather, their lack of vision as to where this country
will go in energy.
This debate began several years ago. It was very prominent during the
Presidential campaign in 2008, and there began to emerge a very clear
distinction about two very different visions about what we need to do
in this country.
We heard last summer the mantra coming from the Republicans: ``Drill,
baby, drill! Drill, baby, drill!'' That was, in essence, the sum and
substance of the Republican Party's energy policy: continue to drill
for oil, continue to emit carbon CO2 into the atmosphere,
continue to avoid the tough choices about changing our goals in energy
policy in this country, trying to achieve energy independence and,
again, relying on the same technologies that we've used in this country
for 100 years.
Fortunately, we elected a President who has a very different vision
of where we go in energy, a very progressive vision of where we go in
energy, a policy that he has proposed, that this Congress is proposing
to enact, that will end our dependence on oil and carbon-based fuels,
will set a new course to where we are actually using the great gifts of
the natural world, such as wind and solar energy, creating the kinds of
incentives for businesses to create new jobs and new industries, so
that we can create a future that is not only clean but prosperous.
Now, what's interesting in listening to my colleagues from the other
side,
[[Page 12810]]
all very well-intentioned men and women, and I've listened to some over
the last hour, is this constant emphasis on the cost of changing
direction, the cost of cleaning the air, the cost of truly creating an
alternative energy policy in this country. And I'm glad they do that
because, as with any good thing, there is a cost to doing it, but what
we would like to emphasize in pursuing a new direction is the cost of
not acting and not pursuing that new direction.
What have we seen, for instance, in this country over the last
decade? We've seen the average citizen's energy costs rise by well over
$1,000 a year, and last summer alone, we saw gas prices at $4 a gallon,
which certainly is an additional tax on every American citizen who
drives a car or who powers anything.
As we project onward, we know that diminishing resources in carbon-
based fuel, diminishing supplies of petroleum, the price of gas is
going to continue to go up. The price of natural gas is going to rise.
So the cost of pursuing the same old status quo is significant.
On the other hand, we can make an investment now. We can make an
investment that will save us money, will continue to save us money
toward infinity. We can actually harness the power of the sun, the
power of the wind, hydroelectric power, geothermal power, all of the
alternative sources which we know are available to us. If we can do
that--and this bill that we are contemplating right now sets us in that
direction, provides the type of incentives and stimulus that will get
us to that era--then we will have an era in which we dramatically cut
our energy costs. We will save trillions and trillions of dollars as we
move forward.
I know just in my own district, I've gone to see some of the new
techniques for building homes, for utilizing all of the LEED-certified
processes that can cut a 3000-square-foot home's utility costs to under
$100 a month. These are the potentials that are out there for us, and
these are the potentials that this proposal that we are dealing with
now and considering in Congress can bring to reality.
So this is a debate that's important for this country. In a very real
sense, it represents the future of this country, and there are very
real differences between the Democratic Caucus and the administration
and our colleagues on the other side who again prefer to pursue a 20th-
century energy policy, rather than a 21st-century energy policy.
So I'm joined here by someone who has great interest in this subject
and many others, who is part of that class of 2006 which changed
control of the Congress and set us in a new direction. I'm proud to
introduce my good friend and colleague, Ron Klein from Florida.
Mr. KLEIN of Florida. I thank the gentleman and thank him for his
leadership.
As a Member from the Commonwealth of Kentucky, obviously you have a
great deal of understanding about energy needs. The cities in Kentucky,
the rural areas of Kentucky, the great equestrian and horse industry in
Kentucky, all of those require the types of energy that we know are
future energy sources for America.
I think this is just such a moment in time that really allows for an
excitement. Now, these are challenging times, make no mistake about it.
In my lifetime--and I'm 51 years old. Mr. Yarmuth is probably somewhere
in that range as well.
Mr. YARMUTH. I thank the gentleman for his flattery.
Mr. KLEIN of Florida. Well, as Americans we understand challenges. We
understand crises. Our fathers, our grandparents, our great-
grandparents were certainly the architects of us getting through world
wars. They fought, they innovated, they came out of it even stronger.
My mom was a public schoolteacher, taught second grade, taught me about
how important education is to make a success of one's self.
My dad was a small businessman. I don't know if you remember five-
and-ten-cent stores. We called them variety stores. We had them in
Cleveland, Ohio, where I grew up, and I worked there since I was 8
years old. And my dad taught me what it was like to balance the books,
not borrow unless you absolutely have to. I understood what it took to
make payroll. We had eight employees and we took care of them. These
were people that he was loyal to and they were loyal to him, and he
taught me about work ethic.
But most importantly, he taught me about what it takes to be an
American, and given those opportunities to succeed, you will succeed.
And that's why, to me, at this moment of great challenges in our
economy, people's jobs may be being lost permanently, that this is the
moment that we shouldn't just be incremental. We shouldn't be small
thinking. We should be thinking big and look at this as an opportunity,
an opportunity to truly change the direction of America.
And that direction takes in a lot of different pieces, but of course,
it starts with a solid education. And I know that when my mom made it a
necessity for me to go to school, college, I was able to borrow money
through the student loan programs to get there. That was an opportunity
and allowed me to be standing here today representing people in south
Florida. But most importantly was that education that allowed me to see
what our great universities can do in terms of innovation and science
and business and to combine those great things together.
We know the story of John F. Kennedy, when that little Sputnik went
up in space, and for those people who were living at that time, that
little can that went up in space was the Russian statement to the world
that they were going to be dominant in space, and that scared
Americans. Not because they knew that it was a direct threat, but they
didn't know what it meant with this Cold War going at that time.
But what John F. Kennedy did by saying, I'm going to put a man on the
moon at the end of the 1960s is, he said that we're going to put
science first and innovation and challenge, and we built a NASA
program, and we put a man on the moon not by 1970, but in 1969, in
July. I remember that.
And to me, that is the kind of inspiration that I think our President
today is presenting to us, President Barack Obama, about using science,
using technology, using business innovation to earn our way and work
our way out of this recession. It's not going to be something we're
going to tax our way out of. We're going to grow our way out of this
with jobs, with clean energy, with energy innovation, with energy
products that not only are going to make us safer and more secure from
a national security point of view--because we already know we import 60
percent of our oil from countries outside of the United States, and God
only knows that is the wrong place for us to be at any moment in time.
We want to be self-reliant, and we have the capacity to do that with
not only oil and gas but solar and wind and wave and nuclear and a
whole lot of different things.
And it's about time that we sort of say this is our time, this is our
moment to get it back on track. And I think that is what the President
is saying to Americans. That's what the President is saying to American
business.
I would share with the gentleman from Kentucky--he knows this because
he helped write this bill. The big bill that we passed recently, the
American Recovery and Reinvestment Act, the stimulus bill it's called,
it has some incredibly positive things in it, not only to stimulate the
economy but on energy. It has a smart grid, advanced battery technology
effort, and it's millions and billions of dollars for our universities,
for our businesses to come together, putting the smartest people at the
table from a business point of view, how to take a product to market,
as well as the science point of view, to get these batteries for all
electric cars and for all sorts of innovation, to come together and say
we're going to focus and we're going to do it. We're going to be more
successful than any other country in the world.
{time} 1645
And you know something, we're not only going to make it good for the
United States; we're going to export those products and license that
technology. And all the other countries of
[[Page 12811]]
the world, instead of, you know, exporting to us, we're going to start
exporting to them. Great opportunity there.
There are also a whole lot of really good things about energy
efficiency, energy savings at home, encouraging people to buy products
and giving them tax incentives to buy products that save on energy.
Green jobs, green buildings, all these kind of things just offer such
great opportunities. So, you know, I look at this moment when we're
discussing energy, and not just about a drill, drill, drill issue.
That's not the issue. Of course oil's going to be part of our national
energy policy and so will natural gas, and we have more natural gas,
and that's good.
But I'm from Florida. Florida should be leading the world right now
in solar power. We're the Sunshine State, and every State in the
country has something to advertise. People come to Florida for our sun.
Well, we should be leading in solar technology at our universities and
for consumer purposes.
So I thank the gentleman for raising this today. We're going to be
working on this issue. And again, this is not just about climate. This
is about energy. This is about environment. This is about national
security. Any one of those three, pick them, and I think that we could
recognize this is the time for us to really put our foot down and make
something happen.
Mr. YARMUTH. And I would also mention that this is about jobs. It's
about jobs, jobs, jobs, because this is going to be one of the emerging
industries of the 21st century. We know that. The American people know
that. I mean, the polling on this topic is actually overwhelming. The
high percentage, a majority of the American people understand that we
need to go in a different direction in energy, that we need to make the
investments, we need to stop global warming emissions. Seventy-seven
percent of the voters, according to one recent poll, want us to act to
reduce global warming emissions, CO2. They know that this is
what we need to do.
And, you know, this relates to what my colleague has said so well.
What we are proposing to do in this legislation, in health care
legislation that we're also working on, in the Recovery Act legislation
that we've enacted, we're making a bet on America. We're making a big
bet on America.
And I know that sometimes we hear our colleagues on the other side
say, Oh, gosh, nobody borrows money to make money. Well, no. That's
exactly what you do. That's what virtually every corporation that's
ever succeeded in this country has done. They've borrowed money and
they've invested it in ways that enabled them to make enormous future
profits. And that's what we're proposing to do here.
We're going to increase deficits in this country over the next few
years in order to enact those policies. But we're making a bet that
American ingenuity, American brilliance, will develop the type of
advances that will not only pay back that deficit, will not only create
millions of new jobs, will not only create an exploding new industry,
but will also lead this country into a great era of prosperity and will
make life better for everyone, because if we can cut a person's utility
bills from $3,000 or $4,000 a year to $500 a year, that's essentially a
tax cut, a substantial tax cut.
And I know they like to talk about raising taxes, raising taxes. But
again, as I mentioned earlier, what is the cost of not doing something
now? What is the cost of reverting to that 20th century economy when
gas was $4 a gallon last summer, and where, you know, we know gas in
Europe is $9 and $10 in some places. What would that do to the American
economy if gasoline were $9 or $10 a gallon? It would come to a
screeching halt literally and figuratively. And that's why the types of
things we're proposing in this energy legislation are so critical,
because we're making the big bet, the big bet that American ingenuity
will succeed and we'll once again dominate the world and we'll once
again lead the world into a much better era, an era of cleaner skies,
cleaner water, and also one of great prosperity.
I'm willing to make that bet on America because America's never
failed. And I think that's what is so exciting and inspirational about
the administration and the White House and the leadership in this
Congress, that they're willing to make the big bet that America will
succeed.
I yield again to the gentleman from Florida.
Mr. KLEIN of Florida. I thank the gentleman for yielding. When I
think about, when people talk about the best investment you can make is
in yourself, and I know that over the years I've known people that were
very successful in their own business and then they sort of went
outside, they had a little extra money and they went outside their
comfort zone and invested in something they maybe didn't know enough
about and sometimes they lost money in that way.
I am so strongly in belief, as you just said, that investing in
American scientists, investing in American business entrepreneurs,
investing in the confidence that American consumers have, that we
cannot only emerge in a stronger position, but we will absolutely
dominate this energy field. And I'll give you an example.
The light bulbs that we see up here. These are incandescent light
bulbs that were designed by Thomas Edison. The technology, long, long
ago, a hundred years ago. And over the years we've made certain
improvements to them and things like that, but they're very energy
oriented. They really consume a lot of energy.
Well, you've now seen these new bulbs, that sort of circular, looks
like a loop kind of thing, and those save a lot of energy. Now, they
cost more at the store right now if you go to one of the stores because
obviously there is a supply-and-demand issue.
But one of the things that we can do in government that doesn't cost
the taxpayers a dime is we can create market, something Europe has been
doing for a long time. And an example of this, and I know the gentleman
from Kentucky is aware of this: Last year we passed a bill that will
phase out the old-fashioned light bulbs over the next number of years,
transition. And when we say ``phase out,'' they're going to have to put
in, you know, they'll basically be selling new light bulbs, new energy-
efficient light bulbs.
Well, guess what that does. Without the government spending a dime,
without anybody doing anything, it gives businesses and business
entrepreneurs and scientists a signal, a market signal that says there
are going to be 450 million light bulbs sold in 2012 of this type, a
big, big market in the United States. That's not the real number, but
some extraordinary number, and then around world.
That means that if you design and can build in a cost-effective way
and manufacture a light bulb that meets these specifications, there is
a big market out there. So it certainly gives you, as an entrepreneur,
as a businessperson, the signal to say, I'm going to invest in
something that I know there's going to be a big market. And over the
next number of years that market will only grow and expand. It's the
same thing that we've seen with appliances. It's the same thing with
our heating and air-conditioning systems. The refrigerators that were
built 20 years ago used, I think, something like 10 times as much
energy as they used today, even though today's average refrigerator is
larger, does more functions and everything else. And that's because
over time, you know, people understood, they wanted it more efficient,
they wanted to pay less. So they paid a little more for the
refrigerator up front, absolutely recouped that over time.
So, to me, these are the exciting things when it comes to electric
automobiles and hybrids and all sorts of new technology that will make
our homes more efficient, our buildings more efficient where we work.
And it's a moment where I think with a partnership of government
sending the right signals and the right tax planning, and businesses
and consumers wanting to make these changes, wanting to succeed and
create these jobs and wanting to be successful, it's the perfect
combination.
And I yield back.
[[Page 12812]]
Mr. YARMUTH. I'm glad the gentleman mentioned those types of
innovations, because the Consumer Products Division of General Electric
is based in my district, and I'm well aware of the incredible progress
that's being made in energy-efficient appliances and in those light
bulbs. And this isn't the General Electric Company, but another very
large company in my district just went through their plant and replaced
all of their bulbs with energy-saving bulbs. It cost them $80,000 to do
it. Now, $80,000 is a pretty substantial sum to a business, but they
made the calculation that $80,000 would be paid back many, many times
over in savings as they went forward.
And this is going to happen in business after business, in
institution after institution, colleges, schools, you name it, across
the country will be making these changes because they recognize the
savings.
General Electric has, as do other manufacturers--I'm obviously going
to plug General Electric--has new appliances which actually are
regulated so that they will actually go on. They're timed so that they
will be--let's say a dishwasher or a clothing washer or dryer will
actually go on during periods of the day when peak utility usage, when
it's not peak utility usage, when there's actually low demand on
utilities. And they think by doing this, by creating these types of
very smart appliances, they call them smart appliances, that they will
actually be able to save energy costs systemwide because they won't be
draining the utilities at the peak usage hours.
So there are all sorts of very, very smart things going on, and the
legislation that we're proposing and the government initiatives that
we're trying to initiate will go a great distance in seeing that
through.
One of the things that intrigued me today, and I'm very proud of not
just President Obama but also the automobile manufacturers and the
various State governments that were involved in this discussion, to
raise the mileage standards for automobiles to 35 miles a gallon by
2016, which is far faster than was provided for in legislation we
passed in 2007.
But what's fascinating to me about this, and I think the gentleman
would agree, that technology is going to outstrip even these standards
that we're setting. I mean, there's a Ford Fusion right now, 41 miles a
gallon in the city, a Ford Fusion hybrid. There are going to be
electric cars that are coming out within the next year or two that will
essentially get far more mileage than the prescription in this
agreement that was reached.
So that's just a measure, one more measure of how successful, how
innovative our economy can be when given a challenge. And all we're
trying to do in this legislation that we're proposing now is to kind of
put the challenge out there with the right kind of incentives, with the
right kind of government push and funding and let the American spirit
and American ingenuity have its way. And I know that this is going to
be--again, this is going to be a phenomenal job creator and an economic
engine for America as we move forward.
And I'll yield to the gentleman again.
Mr. KLEIN of Florida. Thank you. And I absolutely agree. And if you
think about, you know, the automobile, I'm in full agreement. I think
it's exciting, and I'm glad to see that our people at the automotive
companies understand this challenge, are not standing in the way.
They're embracing it, and that's pretty exciting. And I think they're
embracing it because they know that their survival is dependent on
selling a car that the American consumer will want to buy, will get
efficiency in operation, will last, and the maintenance will be
minimal. There's a strong warranty behind it, things that were the
mainstay of the automobile industry in the United States for a long
time and, you know, sort of tapered off over the last few years.
But there's absolutely no reason in my mind why an American
automobile can't be as good or better than any automobile in the world
and why our scientists and engineers can't create the best automobile.
There's a company in New Jersey that has been working on a different
kind of concept which is very interesting. They're actually pushing--or
not pushing. I think they've got the Government of Israel to support
this, and I think Finland also, where in Israel they're going to be
converting their entire--all their automobiles to electric automobiles
over the next number of years.
And here's the simplicity of how this works, because I love when
people say, Well, we can't do it, and the naysayers. And, oh, it's too
expensive or too this. It just takes a little bit of thought to get it
through.
Here's the simple idea. Right now, we have a tank of gas that may get
you 200 miles, 300 miles, and then you run out of gas. Okay? So it's
finite. It's not like your car runs indefinitely. You have to stop at a
gas station. And, of course, in the United States, we have gas stations
a lot of different places, but there aren't a lot of places you can get
flex fuels and a lot of other, which has held up the alternative types
of engine development in the United States.
This group has a car that has a battery, and the battery, I think
right now the electric charge is maybe 100 miles, which, by the way,
for most people, you don't go more than 100 miles in any city during
the day. You may go 30, 40 miles, and then you can swap the battery
out. You go to a gas station, which is now a service station. You swap
the battery out just like you did with your old--your telephone battery
kind of thing, and then you pop it back in and you're ready for the
next charge. Or you plug in at night at home.
Now, if you think about it, our utility plants right now operate at
peak capacity during the day. In the middle of the night when factories
aren't necessarily operating and the peak load for electricity is down,
they're operating at 30 percent, 40 percent, 60 percent, whatever the
number is. So if you were to plug all these cars in at night with a
nominal amount of electricity, no big deal. It makes full use of the
existing capacity. You don't need another megawatt of electricity to do
this, and you've got a car that has no emissions whatsoever.
{time} 1700
We also know that this 100-mile charge, in the next couple of years
it's going to be 120 and then 150 and then 200, because the technicians
and the science people are going to get these batteries up and running,
just like they make cars more efficient over time.
I thank the Senate for passing the Credit Card bill. I think that's a
very exciting bill that the House passed already--it's called the
Credit Card Consumers Rights bill. I think in a bipartisan way many of
us in the House were very excited about the opportunity to try to get
some balance in the credit card world for consumers, particularly at a
time like this. So I appreciate the work of the Senate. I know we're
going to be working actively to get that bill resolved.
But just to finish the thought, if I can, the gentleman from
Kentucky, is just to say that this electric car concept, it's exactly--
whether that is the prototype for what is going to work in America, I
can't tell you. But I love the idea that great thinkers are out there
coming up with new ideas. The simplicity of being able to plug a car
into a wall--there's a plug in the most rural areas or there's an
electric outlet in the middle of the city.
So I think that's the kind of thinking that I would love to see as we
move forward. I know that the tax incentives are in place for the
development of our companies in the United States that develop these. I
know the American people are ready for the jobs and our economy is
ready for rebuilding. I think this is that moment in time as we pass
this stimulus bill and we're now moving into the phase of letting the
companies compete for these grants and letting our universities
participate in the development with our greatest scientists and
greatest engineers to take us to the next level so we will have energy
security, national security, cleaner environment, and the kinds of
economy that my kids, your
[[Page 12813]]
kids, maybe our grandkids in the future, will be able to enjoy and
participate in.
Mr. YARMUTH. Exactly. And millions of new jobs and essentially a
reduction in everyone's utility costs that will amount to a substantial
tax cut. So, in my view, and I think the view of most Americans, this
is a win-win-win-win-win.
Before we yield to another colleague, I'd just like to go through
some of these other poll numbers to show where the American people are,
because sometimes we sit in this Chamber--and we have equal time with
the minority party so we have equal minutes. Sometimes you might get
the impression that there's an equal number of people who agree with
that position, an equal number of people who agree with our position.
But this is a poll actually done by a combination of Democratic and
Republican pollsters and also by the Pew Research Group. Seventy-four
percent of Republicans, 70 percent of Independents, and 74 percent of
Democrats believe jobs that reduce our dependence on foreign oil are
very important for helping the economy over the next 5 to 10 years.
Sixty-three percent of Republicans, 70 percent of Independents, and
37 percent of Democrats believe jobs that are improving energy
efficiency are very important to helping the economy over the next 5 to
10 years.
Fifty-nine percent of voters believe efforts to tackle global warming
will help create jobs. We heard from the other side earlier this
afternoon that, Oh, gosh, efforts to reduce global warming emissions
are going to kill jobs--millions and millions of jobs--and result in a
huge tax increase. Most Americans don't agree with that. Most Americans
agree this is going to be a benefit for the economy.
Seventy-seven percent of voters favor action to reduce global warming
emissions. Fifty percent of voters say they would view their Member of
Congress more favorably if they support a comprehensive plan to create
clean energy jobs and fight global warming. Only 22 percent say they
would view their Member of Congress less favorably.
So it's pretty clear from these numbers and it's pretty clear from
the people I talk to that the American people are strongly in favor of
our taking dramatic action to set our country on a new path where
energy is concerned toward a cleaner energy future, a more affordable
energy future, toward an independent energy future. And I think that
the moves we are making in this Congress will take us in that
direction. I'm very proud that we're doing that.
I yield to the gentleman from Florida.
Mr. KLEIN of Florida. I thank the gentleman. I think when we talk
about polls, obviously it's interesting to hear what the American
people have to say because those are the people impacted by the
decisions that are made here in Washington. And particularly at home
right now, I know where I live in south Florida, people are hurting,
they're suffering. They're looking for what is going on for the future
of their jobs, their businesses. If they're senior citizens, they're
concerned about what's going on in the economy.
But I think what is going on is there seems to be a little bit of a
glimmer of some turn here. It's going to take time. What we all
inherited--I'm talking about America, I'm not talking about this
Congress--but all of us as Americans, we inherited, unfortunately, a
pretty deep situation with the bank crisis and things like that.
We all go through recessions. Recessions cycle out. We do everything
we can as a country, both public and private sector, to contract the
amount of time it's going to take to allow a recession to go through.
But, again, I see this as a time also with the new President,
President Obama, as really taking this moment to say we're going to
have to fix some of the problems that have been festering a long time.
We have an investment in roads and infrastructure and schools and
bridges and things like that.
We have an investment in health care--to try to fix the health care
system. We're debating a lot of new ideas right now. I know that every
one of us has a family situation with a preexisting condition. My
sister had cancer diagnosed recently, and she's going to have problems
with insurance. You know something? This is that moment when you need
insurance--not a perfectly healthy person.
But whether it's energy or health care or education or the bridges
and roads and universities, things like that, these are the things that
I think are really beginning to come out. The polls can say something,
as my friend from Kentucky said, but these are Americans talking. These
aren't Democrats or Republicans or Independents. These are Americans
from all walks of life, from all 50 States, rural areas and industrial
areas, areas where there's been a great history of success and areas
that are now having great difficulties.
I think that's why it is exciting to have the kind of energy and the
kind of leadership that's coming out of the White House. We may not
necessarily grant every single thing, but I think that what's going on
right now in Washington, there's a great amount of trying that's going
on, a great amount of effort going into passing things.
There's been a number of bills passed--everything from health care to
the energy issues. We know that as we move forward there are going to
be greater issues to tackle. And I know that all of us feel very
strongly this is a moment where we want to hear from our constituents,
to talk to us, to let us know what is on their mind; not get caught up
on the discussions on cable television. Obviously, everybody's got an
opinion.
Literally, when we come home and we're talking every day at home with
what Americans are talking about, what is important to them, this is
that time to share with us. I know that many of you do. I just want to
continue that conversation as we move forward.
I just wanted to thank the gentleman for bringing us here tonight to
talk about energy because this is something that is going to have one
of the biggest impacts on our future, both our foreign policy and our
domestic policy. I look forward to working with you and all the Members
of Congress on making sure we get it right.
Mr. YARMUTH. I thank the gentleman. He makes a very important point,
and that is that you started in this way, that we are at a critical
juncture in our Nation's history and the history of the world. We, for
once, at least in my memory, are starting to look at the long-term
needs of this country and this world.
We don't do that very well in this country. It's always we look to
tomorrow, we look maybe to next year, but we don't look at the next
generation and the generation past that. And in the debate we will have
in coming weeks on energy and later in the year on health care, we will
hear, again, this very distinct difference in opinion.
I heard Members this morning and I heard the minority leader on
Sunday on television talking about health care, saying the cost of
reforming health care is so great, it's going to cost billions and
billions of dollars, which we know. We don't know exactly how much it's
going to cost to do that, but we know pretty certainly what the cost of
not acting is, because the projections just in Medicare alone are that
we're facing something like a $70 trillion projected deficit in
additional deficit in Medicare over the next 50 years.
So we don't have the option of not acting. We don't have that option.
Yes, we are going to spend some money in the next few years. But,
again, if we don't, we face a certain dismal future. If we act now, we
have a chance of turning this country in the right direction and
creating a very prosperous and bright future for our country.
Now I'd like to yield to another member of the class of 2006, a good
friend and colleague from Indiana, Mr. Donnelly.
The SPEAKER pro tempore. Without objection, the gentleman from
Indiana will control the remainder of the hour.
There was no objection.
[[Page 12814]]
Commemoration of Those Who Gave Their Lives in the Armed Forces
Mr. DONNELLY. Thank you, Mr. Speaker. I'd like to thank my two
colleagues, Mr. Klein from Florida and Mr. Yarmuth from Kentucky, for
their insightful ideas and words.
Mr. Speaker, as we near Memorial Day, I rise today to offer some
words in commemoration of those who gave their lives in the Armed
Forces; in particular, three sons from our Second District of Indiana.
I know that words are only a poor and passing memorial, gone as soon
as spoken. Flowers, plaques, and even stone--the other tokens we offer
on Memorial Day to celebrate our fallen sons and daughters--all of
these will decay and crumble. Nothing we give will endure as long as
the gifts of these soldiers who, in their death, gave an example of
fidelity that will never die.
Lance Corporal Cameron Babcock, was a native son of Plymouth,
Indiana, and a proud member of the United States Marine Corps. Cameron
lost his life at Twenty-Nine Palms Marine Base in California on January
20.
Cameron was a fine young man. He loved his family and he loved his
country. Cameron was fun-loving and was known for his bear hug. He knew
the value of the small things that made life a joy--being with friends,
playing music, four-wheeling, and spending time with his beloved
family. Cameron was successful in enjoying the many riches of life.
His talent with the trumpet led him to compete at the State Jazz
Festival in 2005, and his musical talent also led to his participation
in the Wind Ensemble, comprised of some of the top musicians at
Plymouth High School. Cameron's warm personality attracted to him a
wide circle of friends.
But Cameron also knew the value of matters larger than himself. His
lifelong dream was to join the proud ranks of the United States Marine
Corps. Shortly after graduating from Plymouth High School in 2006,
Cameron dove right into this dream and enlisted. His energy,
enthusiasm, and many gifts made the Marine Corps, and this Nation, much
better.
He became an infantry rifleman, excelling all through basic training.
Before long, he proved his bravery by serving a tour of duty in Iraq,
spending several months in Ramadi in the Sunni Triangle. In this
dangerous setting, Cameron continually did his job faithfully, and he
did it well.
He won a variety of honors for his service and, at the time of his
death, was prepared to again answer the call of duty for his country
and return to Iraq.
Mr. Speaker, I also want to recognize the life and service of
Sergeant Joseph Ford, originally of Knox, Indiana, a proud member of
the Indiana Army National Guard. He died on May 10, 2008, when his
vehicle rolled over during a training exercise near Al Asad, Iraq.
For most of his life, Sergeant Ford was simply known as Joey. Joey
had a love of learning throughout his life; in particular, a passion
for history that led him to attend the University of Southern Indiana
to major in history.
Joey's passion for history reflected a passion for his country. This
passion--this patriotism--kindled in him the desire to serve his
country. The dedication to military service did not come without
challenges for Joey. In order to meet the physical demands of the
military, he embarked on an aggressive weight loss program, losing over
70 pounds in order to be able to join the Indiana National Guard.
This desire to serve his country did not stop at the water's edge.
His commanding officer, Lieutenant Chastain, stated that Ford wanted to
be the gunner on an armored vehicle rather than the driver. He said of
Joey, ``He exemplified what a dedicated soldier is.''
{time} 1715
This dedication was honored by his posthumous promotion from
specialist to sergeant and the awarding of a Bronze Star.
Mr. Speaker, great as his love of country was, he also loved his
family, in particular, his parents Dalarie and Sam and his wife Karen.
Joey had met the love of his life while he attended the University of
Southern Indiana. His friend and fellow Guardsman, Keith Ausland, noted
that his conversations with Joey during training and in Iraq generally
ended not with concerns about the mission but concerns about his
family. Ausland wrote in his tribute to Joey that, ``Joe was a new
husband, and he loved his wife dearly.''
When his mom Dalarie was asked about the one thing she would want her
son remembered for, she said, ``He was so kind to everybody. At the
memorial service it was amazing just to see all the unique people who
loved Joey. He never wrote off anyone, and he was friends with
everybody, all shapes, sizes, all walks of life. Joe was a gentle
soul.'' So today we remember and honor Joe Ford, a patriot and a gentle
soul, a proud dad, a proud husband and a wonderful son.
Mr. Speaker, for much of the history of war, the number of soldiers
struck down on the battlefield has been dwarfed by those killed by
illness and disease. Thankfully, modern medicine has made the scourge
of disease far more remote for our soldiers today, which makes the
death of Private Randy Stabnik, also of the Indiana Army National
Guard, all the more painful.
On February 17, Private Stabnik died from pneumococcal meningitis, a
rare and unexpected death. After Randy had joined the National Guard,
his family could see how much he was growing to love his service. His
dad Jim, when asked about his son's service, said, ``When he came home
for Christmas, I could tell he missed it. He missed the lifestyle. He
missed his friends there. He loved it, but missed his son. They were
very, very close.''
His son Nathan, only 8 years old, lost his 28-year-old dad. This is
part of the tragedy of war. Soldiers fight and die to protect those
they love, and we must never forget the burden of sacrifice borne by
the loved ones who are left behind.
His son and his family should know that Randy cared deeply for them.
His mom said shortly after his death, ``Randy was Mom's baby, Mom's
angel. He was my heart.'' And her angel, he remains. But he is also an
angel for the entire Nation.
Mr. Speaker, ultimately the greatest memorial to these fallen
patriots, to Cameron, to Joey and to Randy, will not be my words nor
anything we can build or bestow. Our greatest honor for them will be to
look not toward them but to look where they looked, to seek what they
sought. If we work for that same good for which they gave their lives,
if we create a nation at once more just, more secure, and more free, we
will be a brighter beacon in a frequently dark world; and we will have
given our fallen brothers and sisters a true memorial worthy of them.
Thank you, Mr. Speaker.
I yield back the balance of my time.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed with an amendment a bill of the House of the
following title:
H.R. 627. An act to amend the Truth in Lending Act to
establish fair and transparent practices relating to the
extension of credit under an open end consumer credit plan,
and for other purposes.
____________________
ADDRESSING THE HEALTH CARE CRISIS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Tennessee (Mr. Roe) is recognized
for 60 minutes.
Mr. ROE of Tennessee. Thank you, Mr. Speaker. We're here this evening
to begin and continue a very important debate in American society. I
think it's probably one of the most important social debates we've had
in the last 40 years in this Nation since the debate on Medicare in
1965.
We're here tonight as a Physicians Caucus to discuss health care
reform. My background, I spent 31 years practicing medicine in Johnson
City, Tennessee, in the First Congressional District. As I've watched
our health care
[[Page 12815]]
system change over the past 30 years, it really spurred me to run for
Congress, to come here and be part of this great debate that will
affect every American citizen.
I recall when I made my decision to go to medical school, I wanted to
be a family practitioner. Somewhere along the way, I discovered I had a
great knack and a love of delivering babies. I have delivered almost
5,000 of them, many of whom are now grown. One of the great advantages
you have as an obstetrician when you run for Congress is that you can
deliver your own voters. There is some advantage to that.
We have a health care problem in America. Some call it a crisis. For
some, it is. For others, it's cost. Certainly we know that there are
great concerns about the cost of health care.
In the next hour we're going to discuss how we're going to address
this health care crisis. We can ensure that every American can get the
care they need, protect individuals from costs that can bankrupt them
and make health insurance portable so that you don't lose your coverage
just because you change jobs or move from one State to another.
We can also take the profits out of health care by reforming the
health insurance industry to bring about a patient-centered approach to
providing health care. Enacting a public plan will not bring about this
type of change, and I'm going to go into that in some detail from the
experiences we've had in the State of Tennessee with our Tennessee
Medicaid system called TennCare.
If you think you won't be affected by a public plan, consider this: A
recent analysis of this plan by the respected independent firm Lewin
Group estimated that 70 percent of individuals who have health care
coverage through their employer would lose those benefits in favor of a
public plan. Now this plan could very easily become a Medicaid-type
plan.
When supporters of a public plan say they want the public plan to
compete with private plans, the facts show that what they're really
saying is that they want Washington bureaucrats to take over the health
care decision-making.
I want to talk for a while or speak to you a little while about the
principles that House Republicans have put forward to start the debate
over how to bring about patient-centered health care.
I want to mention a couple things before we start. Health care
affects all of us, whether we're Democrats, Republicans, Independents,
or whether we're totally apolitical. At some point in time in your
life, you're going to have to make decisions about how I receive and
get health care for myself or my family.
We're going to start this evening by giving another opinion or
another view of the health care plan and how it is to be administered
and obtained. The principles that we're going to talk about for health
care reform are, number one, make quality health care coverage
affordable and accessible for every American regardless of preexisting
conditions. In a country that spends 16 percent of its GDP, over $2
trillion a year, on health care, I think there's no question that we
can provide a basic health care plan for each American.
Now what I mean by basic health care, it's not a plan where you can
get hair transplants or face-lifts or all this. But if you are out
there injured in an automobile wreck or have a heart attack or have a
gallbladder that goes bad, you can get basic health coverage and care.
I think this is something that all Americans believe in. I think we
now have crossed that bridge and believe we can do that. I think the
differences we're going to have in this great debate that we're going
to have are, how are we going to accomplish this very noble task? In a
few minutes I will go through how we tried this in Tennessee, and how
it was not successful. But I think it can be.
Most Americans also fear, I think rightly so, that a basic health
problem--it may be leukemia or a cancer of some type--can bankrupt the
family. Certainly we don't want a situation where a family, through no
fault of their own, develops a disease process, and then you use up all
the family resources you've saved in a lifetime to provide care for
your family.
The second principle we'll talk about is not a government-run health
care plan. This eliminates coverage for more than 100 million people
who receive insurance from an employer, and it restricts patient choice
of doctors and treatments and results in the Federal Government
takeover of health care.
Let me sort of explain how this worked in Tennessee. In the early
nineties and mid-nineties, the big debate in this country came along
about controlling health care costs or managed care. We were going to
control costs through deciding who and what care was appropriate and so
on. Well, that didn't work. Health care costs have continued to
escalate in spite of managed care, and managed care basically has moved
the pay to providers over to the third-party payers.
In Tennessee we had a very noble plan. We wanted to cover everyone in
our State, and we're not a wealthy State, so it was a noble goal. Right
now in the State of Tennessee we have TennCare, which is our Medicaid
plan. We have the uninsured, we have Medicare, and then we also have
the private health insurance coverage. About 60-plus percent of
Americans are covered by private health insurance coverage.
In Tennessee when we applied the TennCare solution, which was a
managed care solution with multiple third-party payers at that time,
the plan was not fully vetted and thought out well. One of the things
I've said the entire time I've been here, Let's do this health care
plan right. Let's not do it fast. I think one of the mistakes we made
in Tennessee was going too rapidly with this plan.
So we instituted this plan, and what we found out was that 45 percent
of the people who applied for TennCare and were granted it had private
health insurance coverage. Well, I went to the providers recently,
hospitals and other providers, and I said, What percent of your costs
does Medicaid or TennCare pay in your particular facility? And the
resounding answer was, about 60 percent. So you have a significant
percentage of people now who have given up their private health
insurance and have gotten on the public plan, which only pays about 60
percent of the provider costs. You also have the uninsured who pay some
percentage of their own costs, and Medicare pays about 90 percent of
the costs.
So as you shifted more people from the private plans to the TennCare
plan, you forced the private health insurers to charge more for their
plan. That's what happened. What I can see happening in the public plan
is exactly this. It's going to be described, we're going to have a plan
that's competitive. It will be very rich in benefits. And what happened
was, in Tennessee the actual TennCare plan was richer in benefits than
I could afford to provide my own office staff and myself because of the
costs.
When you have politicians deciding what goes into a basic plan, it
will become richer and richer and richer. What will happen in the
public plan--and you'll hear the buzzwords. It will be competitive. If
you like your own health insurance coverage, you can keep it. You don't
have to give it up. Just keep what you have.
Well, what will happen is this: Businesses will make a perfectly
logical decision. What they will do is--and this is small business
because in businesses in this country with over 200 employees, 99
percent of those have health insurance coverage.
So this is what will happen. You have the public option plan, the
government-run bureaucratic plan that will have a lot of benefits,
except it won't pay the cost of care. And when that happens, the cost
of private insurance once again will be forced up, causing more and
more and more businesses to do away with their private health insurance
plans and put it on the public plan. And really over time--and I think
a very short period of time--you will see the public plan, along with
Medicaid and Medicare, become the only options available.
[[Page 12816]]
Now why do we think that this is not a good idea? Well, we've looked
at public plans, and I have studied these extensively in foreign
countries. In England, Canada, Sweden, Norway, Germany, France, Italy,
other major European industrialized nations.
{time} 1730
And this is what you would find. The way costs are controlled are by
rationing care. In other words, when you have used up all the public
dollars that you have dedicated for health care, you have to create
ways. An example is in Tennessee. What we did was we simply shrank the
rolls. We realized if so many people got on the public plan, the
TennCare plan, that the State no longer could afford to budget for it.
Our health care costs were more than education in the State. So what
the Governor did, along with the legislature, is just cut the number of
people off the TennCare rolls.
Well, for instance, in Canada, if you have a heart attack, your
average time to go to the operating room is 117 days. They simply
ration their care in Canada. And they have great physicians there. As a
matter of fact, in the last decade, 11 percent of the Canadian
physicians have moved to the United States. I have several very close
friends who are Canadian physicians and colleagues. And they do a
wonderful job. The president of the Canadian Medical Association once
stated that a dog in Canada could get a hip operation within 1 week,
and a patient there, it took between 2 and 3 years, simply because of
lack of government funds to provide all of the benefits that the
government had promised.
So in this particular plan, the one thing that I want as a physician,
that I have utilized for years, is that you want to maintain the
patient-physician relationship. The one thing that is absolutely
mandatory, in my mind, is that the decisionmaking between patient and
physician is paramount. Doctors and patients should be making health
care decisions. Some government bureaucrat should not be deciding
whether you get your hip replaced or your aging parents get the care
they need.
I'm going to stop at this point in the principles, and there are lots
to talk about tonight. And I see my colleague, Dr. Fleming from
Louisiana, is here. And I would like to yield him as much time as he
feels is necessary.
Mr. FLEMING. Well, thanks to my colleague and the gentleman from
Tennessee, Dr. Roe. Dr. Roe certainly has a lot to bring to the table
being a physician for many years and also having quite a political
background being mayor of a city and actually having balanced a budget
and even having a surplus, something we don't see very often these
days. And so I thank the gentleman for that.
Yes, I wanted to make a few comments, as well, regarding this health
care debate that is coming to a head here very soon. Patients are very
simple in what they want from health care. Certainly they want choice.
They want affordability. They want control. And they want good results.
And I think that that is quite reasonable. And certainly on the other
side of the aisle where there is a debate about a single-payer system,
really a government-run system, I think that there is not any
disagreement about the fact that we want everyone to have access to
health care, and we want everyone to have access to good health care.
I think where the debate begins to fall down is that in our opinion
on this side of the aisle, we feel that a government-run system is not
a well run system. It is an inefficient system. It is a wasteful
system. We have many, many examples of why that is true. We don't have
to even turn to health care. We can look at any system that has been
run by government, and not just the United States Government. Cities
and States all reveal considerable waste because it is the nature of
the system itself. On the other hand, in the private system, there is
the administrative ability to remove fraud, waste and abuse.
I will give you an example. Today with Medicare and Medicaid, we
recognize that there is fraud, waste and abuse. Everyone knows it. Many
politicians get up and clamor that they will be able to remove it, but
none has been able to do that. The reason is because of the nature of
government itself. Government cannot remove fraud, waste and abuse. In
order to attempt to do so, it has to build, first of all, a large
bureaucracy. It has to catch the offenders. With that, there has to be
prosecution of the offenders. And when you get down to it, you only
find the very most egregious small percentage of those who are actually
committing fraud, waste and abuse. So you get really a small tip of the
iceberg. So much more is underneath that a government can never get to.
On the other hand, if you look at a private business, private
business has all sorts of ways of finding fraud, waste and abuse and
removing it administratively. For instance, a physician who is
practicing inefficient medicine in an organization, in a private
organization, he can be reeducated, or she can be re-educated, or just
simply removed entirely from employment. But government is unable to
micromanage individual behavior. And every time we attempt, we simply
run cost up. And I will give you another good example of that. If you
look at the post office and compare it to FedEx or UPS, you will see
these private companies run so efficiently and so profitably. And yet,
of course, the post office does not run efficiently. There are long
lines. And that is just one way to control cost, and then, of course,
ultimately we have to pay higher rates.
So I think that we really have to look at the endemic problems within
a private system versus a public system when we see that really there
are only two ways to control cost in a public system. And we are
attempting one of them and have been doing so for the last 20 or 30
years, and that is price controls, price controls on the providers, the
hospitals and the doctors. And that would be a wonderful thing perhaps,
at least for consumers, if it worked. But what goes up faster than
health care every year? Nothing that I'm aware of. It is the one part
of the economy where we have price controls, the only one, and yet it
goes up faster than anything else.
Well, what is the only other way we can control costs? That is
rationing. And you say, well, we are not rationing care today. Look at
Medicare and Medicaid, still a reasonably smaller percentage of the
total health care system here, and it is able to provide good service
to recipients, even though they are government-run programs, only
because you have a much larger private system that is able to keep it
supported. Now if we expand that to a large, government-run health care
system, it is going to make up 17 percent of our entire economy. Where
are we going to get the money to prop that system up? Where is it going
to come from? And so what we are going to end up with is the same place
where Canada, the U.K. and all the other countries that have gone to a
single-payer, government-takeover-run system, and that is that there is
going to have to be cuts. When we get up to a point where budgets have
to be evaluated, we are going to have to make cuts. And when you make
cuts, that equals rationing.
Mr. ROE of Tennessee. Will the gentleman yield for a moment?
Mr. FLEMING. Yes
Mr. ROE of Tennessee. Here just a minute ago, we heard a debate on
the floor about how we are going to have to redo Medicaid and Medicare.
And we have a system already that has promised up to as much as a $70
trillion promise that we have unfunded, a government system that we
don't have the money to pay for now, and we are thinking about starting
another one, another government system. And you mentioned rationing of
care. It brings to me the thought of breast cancer.
As a physician in our practice, we average seeing one newly diagnosed
breast cancer per week. And when I began my practice over 30 years ago,
half the women, approximately half the women, died in 5 years after
being diagnosed with breast cancer. It was a terrible, and still is, a
terrible diagnosis. And one of the great miracles of medicine is we
haven't cured that disease, but we have improved the life expectancy
for a woman diagnosed early to a
[[Page 12817]]
5-year survival rate of 98 percent. It is a wonderful story to tell.
When a patient comes to my office, and she says, Dr. Roe, how am I
going to do? I can say, look, you're going to have some tough times.
It's going to be hard. This therapy is going to be difficult and tough.
But you're going to make it. And you're going to live. And you're going
to get through it. And I'm going to be through it with you.
What has happened in England is that the best results they had ever
was a 78 percent 5-year survival rate. And they quit doing routine
screening mammograms in England. And the reason they quit doing that is
because there is a false positive rate. That means the test says you
have something wrong, you go and have a more sophisticated biopsy. It
is called a ``wire-guided biopsy.'' It requires a radiologist. It is a
fairly sophisticated, as you all know, procedure. But what happens is
that that costs more than the screening mammogram. So now they just
wait until you develop a lump that you can feel. And as most physicians
know, that is about 2 centimeters or three-quarters of an inch.
I don't think the American people are going to tolerate that for
their families. I know I won't tolerate that for my family. I don't
want a government decision based on the amount of money whether my wife
or my daughter can have a mammogram. I yield back.
Mr. FLEMING. I thank the gentleman from Tennessee, Dr. Roe, for his
excellent comments.
What you're pointing out is that rationing is not just about
inconvenience, although there is a lot of inconvenience where someone
has to wait 6 months to get a surgery, elective surgery or something
like that. But it also means accepted death rates and accepted
morbidity rates so that people go unable to work because they need a
hip replacement or someone dies waiting for needed surgery for a
disease disorder. They go delayed diagnosis for a tumor which is going
to end up in much more cost down the line because it wasn't prevented
or diagnosed earlier. So rationed care I think is unacceptable to the
American mind. And I would just say that if we go towards a government-
run system, we have to be willing to accept the fact that we will have
rationed care. I don't see any way around that.
I do want to just sum up before I yield, and that is that I think
that in evaluating the American psyche today when it comes to health
care, we find that 83 percent of Americans like the health care the way
it is. They like their insurance coverage. They like the doctor that
they see. They are happy. The problem that we are talking about today
is the 47 million uninsured. And who are these people? Well, statistics
tell us that probably 10 million or so of those are illegal aliens.
And, of course, that is a whole other debate. We need immigration
reform. There is also probably half that number who are young adults
who are healthy who elect not to get any health care insurance
coverage. And so we have a real challenge before us to entice or to
incentivize them to join, because if they join into the plan, we can
work through preventive health care and early diagnostic care to
prevent them from disease down the road, and also their dollars up
front will help fund the last 10 million, which is the most critical 10
million, and that is older adults who are not Medicare age who do not
have affordable accessibility to health care coverage, and therein lies
a problem. They are not the poor. They are not the elderly. And they
are not people that work for corporations. They are small business
owners and their employees, a critical 10 million population that are
finding their ways into the emergency rooms late in their illness with
outcomes poor, far more cost required. And of course we physicians and
hospitals have a mandate to provide care to them regardless of their
ability to pay, which is a noble American concept. But the problem is,
that cost has to be passed on to others, taxpayers, those who are
paying their insurance subscription rates. And I'm sure we, as
Americans, are willing to do that to an extent. But if you take those
same dollars and you allow these people to get insurance and early
preventive care, have a medical home, a family doctor, those costs will
collapse. They don't have to be the high-price, low-yield kind of care
that they get through the emergency room.
And lastly, I think it is important that we look at reforming health
care laws where we can allow physicians and hospitals and other
providers to come together to begin to work together and to compete to
lower the overall cost of health care rather than having it being
dictated from Washington, which as I pointed out, is really a very poor
way to try to cut costs.
And then finally, that we do away, remove from the lexicon, the idea
and even the verbiage that says ``preexisting illness.'' There should
never be that term used ever again.
{time} 1745
In conclusion, I just want to emphasize the need to remove the term
``preexisting illness'' from the lexicon and that we make it easy and
affordable for all Americans to access the health care system; but as I
say, I think we all tonight would agree that that is done much better
through a private plan rather than through a government plan. I know
that we hear some rhetoric about, well, let's have both a private plan
and a public plan--and I'm sure that my colleagues tonight will expand
on this--but if you have one plan that's controlled and subsidized by
the government, whose responsibility it is to be sure that there's an
even playing field in the competitive arena, we know that the public
plan will always receive advantages and benefits, and the private plan
will then atrophy. I think it's far better to work through the private
arena and to let the government do what it does best, and that is to
protect its citizens and to ensure an even playing field.
With that, I yield back to my friend from Tennessee.
Mr. ROE of Tennessee. Thank you, Dr. Fleming, and thank you for those
great comments.
For the public, we have had, for the last several weeks and months, a
physician's caucus that has met now sometimes one and two times a week
to discuss this ongoing health care debate. With us tonight here is one
of the leaders in that caucus, Dr. Phil Gingrey, who happens to just
have the same specialty as I do, and he has been very heavily involved
in the health care debate over the past several years, so I will yield
now to Dr. Phil Gingrey from Georgia.
Mr. GINGREY of Georgia. Mr. Speaker, I thank the gentleman for
yielding. It's a pleasure to be on the floor with my colleagues, with
my physician colleagues, who are part of the GOP Doctors Caucus. I
think, among us, we have something like 335 years of clinical
experience, so we do feel that we bring to the body, to this great
House of Representatives, some useful information, some practical
information, not highbrow, academic, research-based information. I
think we're just talking about, for the most part, the meat and
potatoes practice of medicine, different specialties.
We just heard from our colleague from Louisiana, Dr. Fleming--a
family practitioner for many years. Dr. Roe from Tennessee is a long-
term practitioner of obstetrics and gynecology, as am I, and we have a
number of orthopedists in our GOP Doctors Caucus. So we bring a broad
spectrum of experience.
You know, as we look at this issue of health care reform, the main
thing is the urgency that the Democrat majority has placed upon it to
the extent that the Speaker, the majority leader, and the President
want a health care reform bill by the time that we leave here for the
traditional August recess. Here we are in mid-May, so we're talking
about, maybe, 2\1/2\ months away. It's going to be awfully tough to do
that. Although, Mr. Speaker and my colleagues, we have been doing a lot
of work on both sides of the aisle. Unfortunately, it has not been done
in a bipartisan way. Those of us in the minority, the Republican Party,
have really not been privy to too many details about what is in the
Democratic majority's plan for health care reform; but
[[Page 12818]]
we can read; we can watch television; we can listen, and we can pay
attention. Indeed, there have been some trips over to the White House
to commiserate with the new Commander in Chief, our President, about
ideas.
The former majority leader of the Senate and the almost Secretary of
Health and Human Services--and I'm talking about Senator Tom Daschle--
wrote that book called ``Critical'' where he kind of outlines what he
thinks the blueprint for health care reform should be. So we're getting
little inklings.
I'll tell you, Mr. Speaker, the main thing that we're opposed to, and
I think that I speak for all of my colleagues, I know, in the
Republican GOP Doctors Caucus but probably for most of my colleagues on
this side of the aisle no matter what their profession. We do not want
to overreact to a problem, to a problem of too many people not being
able to afford health insurance, to an overall problem of the cost of
health care and to those insurance policies, 150 million of them
probably provided by employers. Many of these employers are small, mom-
and-pop companies, and they just can't afford it. They can't afford to
continue to pay those premiums that are increasing by double-digit
rates from year to year.
So that's the problem, and we all understand that people don't have
access because they can't afford it. In some instances, they don't have
access because they have preexisting conditions, but we don't have to
overreact. I don't know why it is that, in Congress, everything has to
be a knee-jerk response where you just absolutely have to throw the
whole kitchen sink at every problem. It may be because the media, in
some instances, ginned it up almost to the point of hysteria. Then
there are a lot of public opinion polls taken and a lot of push, and
the next thing you know, you've spent $2 billion in preparing the
country for swine flu and in producing a vaccine that probably will
never be used, and if it is used, it will have the potential of doing a
lot more harm than good.
I don't want to say that we overreacted to Katrina. I don't think we
did, but--gosh--we did buy a whole lot of trailers, sitting somewhere
down there in Louisiana, that are soaked with formaldehyde because the
construction was rushed.
You know, in a lot of instances up here, we create, I think, more
problems than we solve. There was an old adage, Mr. Speaker, in OB/
GYN--and I think Dr. Roe has probably heard this one, too, because he's
also an OB/GYN practitioner. Most people want to say, ``Don't just sit
there. Do something.'' How many times have we heard that expression up
here? I mean, people will call and say, ``For goodness sakes, why don't
you all do something? Don't just sit there. Do something even if it's
wrong.''
For Dr. Roe and I, our motto was ``Don't just do something. Sit
there.'' I'm talking about late at night when you're waiting for a lady
to have a baby, and if you just leave her alone, she'll have that baby,
and all you'll have to do is catch it, and if you start meddling and
trying to push things and rush things and overreact, you cause some
problems, don't you, Dr. Roe?
I yield to the gentleman.
Mr. ROE of Tennessee. We used to say, ``Smoke a long cigar.''
Mr. GINGREY of Georgia. ``Smoke a long cigar.'' That's right. A
``covered wagon'' I think they called those things back when I was a
kid.
Mr. Speaker, that's what I want to bring to this discussion tonight.
We need to be very careful not to overreact. We don't need a
government-run program to solve this problem. We do have too many who
are uninsured. There are various and sundry reasons why they don't have
health insurance. Yes, some of them are not poor enough to be eligible
for Medicaid, so they missed that safety net. They're not old enough to
be eligible for Medicare, so they missed that safety net. They just
have enough money, but they can't afford expensive health insurance. We
can do things to help them without turning this great health care
system that we have--lock, stock and barrel--over to the Federal
Government.
Right now, part of the reason for lack of access and affordability is
that the private market and the physicians who practice in that venue
have a tendency to do too much. Maybe they order too many tests. Maybe
they order duplicate tests because they don't know that the doctor down
the street or in the next county had done the very same test a month
ago. There are no electronic medical records for at least 300,000
doctors in this country, so we're a long way from having fully
integrated electronic medical records where, every time that patient
comes into your office or into the emergency room, you know exactly
what they've had, what you should order and what you shouldn't order.
So that's all part of the problem, but we can deal with this without
having a government default program, because what happens is, in that
instance, you're going to say, well, I'm going to solve this problem
because the doctors and the hospitals are doing too much and are
running up the cost, and so you turn it over to the Federal Government.
What do they do? They do too little. They do too little. They begin to
ration just like they do in other countries, like in the U.K. and like
our great friends to the north and like other countries that have
experienced that for many years. The only way they can pay for those
systems is by rationing and by long queues. What happens? If they can
afford to, a lot of those people come to this country for care. A lot
of their doctors move to this country where they can practice medicine
and can make a decent living.
So I just wanted to touch on that. I will yield back to Dr. Roe, who
is controlling the time.
My friend from Georgia, Dr. Paul Broun, is on the floor. I know he'll
want to talk and will want to bring some intelligence to this issue,
but let's just say this as my closing remarks:
I don't want to just do something even if it's wrong. I'm willing to
sit there, to think and to hear from a lot of different folks who are
experts on how we can best solve this problem, on how we can deal with
this, whether they're the hospital associations, whether they're the
insurance companies, whether they're the pharmaceutical companies or
whether they're the doctors who've practiced for many, many years. I
think we can come up with the answer, and I think we can do it a whole
lot better.
The final expression that I'll throw out there, Mr. Speaker, to you
and my colleagues is the one that everybody has heard: ``Don't throw
the baby out with the bathwater.'' We are on the verge of doing that.
That would be a horrible thing for this country to take a great health
care delivery system that needs some tweaking and that we can do in a
bipartisan way without turning it over--lock, stock and barrel--to the
Federal Government. They do a lousy job at running a lot of programs,
and I certainly don't want them deciding what needs to be ordered and
to come between the doctor and the patient in the exam room.
With that, I'm going to yield back to Dr. Roe of Tennessee.
Mr. ROE of Tennessee. Thank you, Dr. Gingrey. Thank you for those
comments.
I think one of the things that has concerned me the more I have
watched this system and have watched this debate go on is, since I've
been here, I've had one of the health care think tanks in my office
about every week or so to discuss this issue, and it is incredibly
complicated. That's why we cannot do it rapidly, because it is so
complicated.
I'll now recognize my colleague from Georgia, Dr. Paul Broun.
Dr. Broun.
Mr. BROUN of Georgia. I thank you, Dr. Roe, for yielding me some
time.
I want to make sure that the American people know what we're talking
about. We on the Republican side are offering alternatives for the
health care financing problems we have in America, and they are huge.
People cannot afford to buy insurance. There are a number of people who
are struggling just to have halfway decent health care insurance
coverage, and that is a huge problem that we need to fix, and we need
to do it as quickly as we can.
[[Page 12819]]
I agree with Dr. Gingrey, my colleague from Georgia, that we can fix
that system. We need to, and we need to do it as quickly as we possibly
can. Yet what's being proposed from the other side of the aisle, from
the Democrat side, is to set up a Washington-based health care system
where health care decisions are going to be made by some bureaucrat
here in Washington, D.C. That bureaucrat will tell your doctor how he
can deliver your care--what care he can give you and when he can give
it to you.
What that's going to do is take away your choice. You may not have a
choice of your doctor. You may not have a choice of what hospital you
go to. You may not have a choice of whether you can even get some kind
of procedure or a test or not. What it's going to do is it's going to
delay your being able to get those tests and those procedures even if
the Federal bureaucrat says that you may have them.
We can't go down that road. It's going to destroy the quality of
health care. It's going to destroy the health provisions that you're
getting today as an American. I don't want that, and I'm sure you don't
want that. I'm sure Dr. Roe doesn't want that. I'm sure no physician,
at least on our side of the aisle, wants that kind of a health care
system to deliver your health to you by some Washington bureaucrat.
We've got to stop that, and it's up to the American people to do so.
We're offering alternatives, many alternatives. I know one of our
colleagues I talked to today is introducing a bill tomorrow that is
going to be a health care reform bill. Our health care working group is
developing a plan. I'm developing one in my office also that's
independent of everything else, but we need to develop a solution that
is patient-centered, not Washington-centered. We need to develop a plan
that gives the American people the choice--the choice of their doctor,
the choice of their hospital, the choice of whether they get a
procedure or not. It should not be made by some Washington bureaucracy
or bureaucrat or Federal bureaucrat anywhere, whether it is in
Atlanta--in my own State--or in Knoxville or anyplace else.
{time} 1800
We've got to develop a health care system that is patient-centered to
give patients the choices that they deserve and they desperately need.
We, as Republicans, are going to give you that opportunity. The
opportunity is not going to be available from the other side of the
aisle. They're developing a socialized medicine program, a Washington-
based health care system to give your health to you by some Washington
bureaucrat, not by a doctor.
And the American people need to know that very clearly, Dr. Roe,
because they have a choice. Is it a choice between a Washington-based
health care system, or is it a choice of a patient-centered health care
system where those decisions are made in the doctor-patient
relationship? And that is what we're offering.
And I'm just encouraging the American citizens all over this country
to write their Congressmen, write their Senators and demand a patient-
centered health care system. Demand that our alternatives are heard.
Nancy Pelosi has blocked--she has been an obstructionist for every
single alternative that we've offered whether it's for energy, whether
it's for environmental issues, whether it's spending, whether it's
straightening out this economic situation, as well as the health care
solution. She has been an obstructionist. She's blocked every attempt
we've made to deliver to the American people alternatives that make
sense from an economic perspective as well as a market-based
perspective.
So we need to give our plans the light of day. And the American
people are going to have to demand that, Dr. Roe. It's the only way
it's going to happen. And I encourage people to contact their Members
of Congress and demand that we slow this steamroll of socialism, as I'm
calling it, this rolling over--the financial services industry is
rolling over the car manufacturing; it's rolling over now the health
delivery system. And we, as Americans, need to demand that all
alternatives are heard, that we have the time to put something in place
that makes sense to give patients the choice that they need.
So I congratulate you for doing this. It's absolutely critical for
the future of health care. If we continue down this road that the
Democrats have taken, it's going to destroy the quality of health that
we deliver as physicians to our patients, that you did as a
practitioner for so many years and I have, also, for so many years. So
I thank you so much.
Mr. ROE of Tennessee. Dr. Broun, thank you for your comments.
And just to summarize and sum up. I think our time is just about
gone.
This is just the beginning of this debate. It is a very important
debate for the American people. We just got through a few of the
principles tonight. We will continue those at another time.
But I thank Dr. Broun for being here, and I thank the Speaker.
I yield back the balance of my time.
____________________
FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate concurs in the House amendment to the bill
(S. 896) ``An Act to prevent mortgage foreclosures and enhance mortgage
credit availability.''.
____________________
RECESS
The SPEAKER pro tempore (Mr. Heinrich). Pursuant to clause 12(a) of
rule I, the Chair declares the House in recess subject to the call of
the Chair.
Accordingly (at 6 o'clock and 5 minutes p.m.), the House stood in
recess subject to the call of the Chair.
____________________
{time} 1828
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Heinrich) at 6 o'clock and 28 minutes p.m.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO
H.R. 627, CREDIT CARDHOLDERS' BILL OF RIGHTS ACT OF 2009
Ms. Pingree of Maine, from the Committee on Rules, submitted a
privileged report (Rept. No. 111-120) on the resolution (H. Res. 456)
providing for consideration of the Senate amendment to the bill (H.R.
627) to amend the Truth in Lending Act to establish fair and
transparent practices relating to the extension of credit under an open
end consumer credit plan, and for other purposes, which was referred to
the House Calendar and ordered to be printed.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2352, JOB
CREATION THROUGH ENTREPRENEURSHIP ACT of 2009
Ms. Pingree of Maine, from the Committee on Rules, submitted a
privileged report (Rept. No. 111-121) on the resolution (H. Res. 457)
providing for consideration of the bill (H.R. 2352) to amend the Small
Business Act, and for other purposes, which was referred to the House
Calendar and ordered to be printed.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mr. Connolly of Virginia)
to revise and extend their remarks and include extraneous material:)
Ms. Woolsey, for 5 minutes, today.
Ms. Watson, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
(The following Members (at the request of Ms. Foxx) to revise and
extend their remarks and include extraneous material:)
Mr. Fortenberry, for 5 minutes, today.
Ms. Foxx, for 5 minutes, today.
[[Page 12820]]
(The following Member (at his request) to revise and extend his
remarks and include extraneous material:)
Mr. Manzullo, for 5 minutes, today.
____________________
SENATE ENROLLED BILL SIGNED
The SPEAKER announced her signature to an enrolled bill of the Senate
of the following title:
S. 386. An act to improve enforcement of mortgage fraud,
securities and commodities fraud, financial institution
fraud, and other frauds related to Federal assistance and
relief programs, for the recovery of funds lost to these
frauds, and for other purposes.
____________________
ADJOURNMENT
Ms. PINGREE of Maine. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 6 o'clock and 30 minutes
p.m.), the House adjourned until tomorrow, Wednesday, May 20, 2009, at
10 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 2 of rule XXIV, executive communications were taken from
the Speaker's table and referred as follows:
1884. A letter from the Regulatory Specialist, LRAD,
Department of the Treasury, transmitting the Department's
final rule -- Fair Credit Reporting Affiliate Marketing
Regulations; Identity Theft Red Flags and Address
Discrepancies Under the Fair and Accurate Credit Transactions
Act of 2003 [Docket ID: OCC-2009-0001] (RIN: 1557-AD14)
received May 15, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Financial Services.
1885. A letter from the Secretary, Department of
Transportation, transmitting the Department's fiscal year
2008 Annual Report as required by the Superfund Amendments
and Reauthorization Act of 1986 (SARA); to the Committee on
Energy and Commerce.
1886. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting Copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b; to the
Committee on Foreign Affairs.
1887. A letter from the Acting Assoc. Gen. Counsel for
General Law, Department of Homeland Security, Federal
Emergency Management Agency, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
1888. A letter from the Deputy General Counsel, Office of
National Drug Control Policy, Executive Office of the
President, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
1889. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule --
Prevailing Rate Systems; Redefinition of Certain Appropriated
Fund Federal Wage System Wage Areas (RIN: 3206-AL77) received
May 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
1890. A letter from the Deputy Director, Office of
Regulations, Social Security Administration, transmitting the
Administration's final rule -- Testimony by Employees and the
Production of Records and Information in Legal Proceedings,
Claims Against the Goverment Under the Federal Tort Claims
Act, and Claims Under the Military Personnel and Civilian
Employees' Claim Act of 1964; Change of Address for Requests
[Docket No.: SSA-2009-0015] (RIN: 0960-AG99) received May 4,
2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
1891. A letter from the Acting Assoc. Gen. Counsel for
General Law, U.S. Department of Homeland Security,
transmitting a report pursuant to the Federal Vacancies
Reform Act of 1998; to the Committee on Oversight and
Government Reform.
1892. A letter from the Acting Assoc. Gen. Counsel for
General Law, U.S. Department of Homeland Security, Federal
Emergency Management Agency, transmitting a report pursuant
to the Federal Vacancies Reform Act of 1998; to the Committee
on Oversight and Government Reform.
1893. A letter from the Acting Assoc. Gen. Counsel for
General Law, U.S. Department of Homeland Security, Office of
the General Counsel, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
1894. A letter from the Acting Assoc. Gen. Counsel for
General Law, U.S. Department of Homeland Security, U.S.
Immigration and Customs Enforcement, transmitting a report
pursuant to the Federal Vacancies Reform Act of 1998; to the
Committee on Oversight and Government Reform.
1895. A letter from the Acting Special Counsel, U.S. Office
of Special Counsel, transmitting the Office's fiscal year
2008 annual report required by Section 203, Title II of the
No FEAR Act, Pub. L. 107-174; to the Committee on Oversight
and Government Reform.
1896. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Secretarial Final Interim Action
[Docket No.: 090224229-9245-01] (RIN: 0648-AX72) received May
4, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Natural Resources.
1897. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Red Bull Air Races; San Diego Bay, San Diego,
CA [Docket No.: USCG-2009-0119] (RIN: 1625-AA00) received May
13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
1898. A letter from the Attorney-Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; St. Thomas Harbor, Charlotte Amalie, U.S.V.I.
[Docket No.: USCG-2009-0179] (RIN: 1625-AA00) received May
13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
1899. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Allegheny River, Pittsburgh, PA [Docket No.:
USCG-2009-0149] (RIN: 1625-AA00) received May 13, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
1900. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Allegheny River, Pittsburgh, PA [Docket No.:
USCG-2009-0175] (RIN: 1625-AA00) received May 13, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
1901. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Barge BDL235, Pago Pago Harbor, American
Samoa [Docket No.: USCG-2009-0159] (RIN: 1625-AA00) received
May 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
1902. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Crewmember Identification Documents [Docket No.: USCG-
2007-28648] (RIN: 1625-AB19) received May 13, 2009, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
1903. A letter from the Attorney, Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Mill Creek, Fort Monroe, VA, USNORTHCOM Civic
Leader Tour and Aviation Demonstration [Docket No.: USCG-
2009-0263] (RIN: 1625-AA00) received May 13, 2009, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
1904. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Safety Zone; Blue Water Resort and Casino APBA National
Tour Rounds 1 & 2; Colorado River, Parker AZ [Docket No.:
USCG-2008-1220] (RIN: 1625-AA00) received May 13, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
1905. A letter from the Attorney -- Advisor, Department of
Homeland Security, transmitting the Department's final rule
-- Alternate Compliance Program: Vessel Inspection
Alternatives [Docket No.: USCG-2004-19823] (RIN: 1625-AA92)
received May 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
1906. A letter from the Federal Register Liaison Officer,
Department of Veterans Affairs, transmitting the Department's
final rule -- Reimbursement for Interment Costs (RIN: 2900-
AM98) received May 13, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
1907. A letter from the Chief, Border Security Regulations
Branch, Department of Homeland Security, transmitting the
Department's final rule -- EXTENSION OF PORT LIMITS OF ST.
LOUIS, MISSOURI [[USCBP-2005-0035] [CBP Dec. 09-16]] received
May 14, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
1908. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's report
on applications made by the Government during calendar year
2008 for authority to conduct electronic surveillance and
physical search for foreign intelligence, pursuant to
Sections 1807 and 1862 of the Foreign Intelligence
Surveillance Act of 1978, as amended and Public Law 109-177,
section 118; jointly to the Committees on the Judiciary and
Intelligence (Permanent Select).
1909. A letter from the Inspector General, Railroad
Retirement Board, transmitting the fiscal year 2010
Congressional Budget Justification for the Office of the
Inspector General of the Railroad Retirement Board; jointly
to the Committees on Appropriations, Transportation and
Infrastructure, and Ways and Means.
[[Page 12821]]
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. FILNER: Committee on Veterans' Affairs. H.R. 466. A
bill to amend title 38, United States Code, to prohibit
discrimination and acts of reprisal against persons who
receive treatment for illnesses, injuries, and disabilities
incurred in or aggravated by service in the uniformed
services; with amendments (Rept. 111-118). Referred to the
Committee of the Whole House on the State of the Union.
Mr. OBERSTAR: Committee on Transportation and
Infrastructure. H.R. 915. A bill to amend title 49, United
States Code, to authorize appropriations for the Federal
Aviation Administration for fiscal years 2009 through 2012,
to improve aviation safety and capacity, to provide stable
funding for the national aviation system, and for other
purposes; with an amendment (Rept. 111-119 Pt. 1). Referred
to the Committee of the Whole House on the State of the
Union.
Ms. PINGREE of Maine: Committee on Rules. House Resolution
456. Resolution providing for the consideration of the Senate
amendment to the bill (H.R. 627) to amend the Truth in
Lending Act to establish fair and transparent practices
relating to the extension of credit under an open end
consumer credit plan, and for other purposes (Rept. 111-120).
Referred to the House Calendar.
Mr. POLIS: Committee on Rules. House Resolution 457.
Resolution providing for consideration of the bill (H.R.
2352) to amend the Small Business Act, and for other purposes
(Rept. 111-121). Referred to the House Calendar.
Ms. ZOE LOFGREN of California: Committee on Standards of
Official Conduct. Report of the Committee on Standards of
Official Conduct (Rept. 111-122). Referred to the House
Calendar.
Mr. THOMPSON of Mississippi: Committee on Homeland
Security. H.R. 2200. A bill to authorize the Transportation
Security Administration's programs relating to the provision
of transportation security, and for other purposes; with an
amendment (Rept. 111-123). Referred to the Committee of the
Whole House on the State of the Union.
DISCHARGE OF COMMITTEE
Pursuant to clause 2 of rule XII, the Committee on Science and
Technology discharged from further consideration. H.R. 915 referred to
the Committee of the Whole House on the State of the Union, and ordered
to be printed.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. COFFMAN of Colorado (for himself, Mr. Alexander,
Mr. Bilbray, Mr. Burton of Indiana, Mr. Poe of Texas,
and Mr. Lamborn):
H.R. 2472. A bill to prevent the fraudulent use of Social
Security account numbers by allowing the sharing of Social
Security data among agencies of the United States for
identity theft prevention and immigration enforcement
purposes, and for other purposes; to the Committee on the
Judiciary.
By Ms. TSONGAS:
H.R. 2473. A bill to improve Department of Defense policies
relating to body armor; to the Committee on Armed Services.
By Mr. McKEON (for himself, Mr. Dreier, Mr. Hunter, Mr.
McClintock, Mr. Lewis of California, Mr. Gallegly,
Mr. Herger, Mr. Rohrabacher, Mr. Calvert, Mr. Royce,
Mr. Radanovich, Mr. Daniel E. Lungren of California,
Mrs. Bono Mack, Mr. Gary G. Miller of California, Mr.
Bilbray, Mr. Issa, Mr. Nunes, Mr. Campbell, Mr.
McCarthy of California, and Mr. Thompson of
California):
H.R. 2474. A bill to amend title 38, United States Code, to
provide that in the case of an individual entitled to
educational assistance under the Post-9/11 Educational
Assistance program who is enrolled at an institution of
higher education in a State in which the public institutions
charge only fees in lieu of tuition, the Secretary of
Veterans Affairs shall allow the individual to use all or any
portion of the amounts payable for the established charges
for the program of education to pay any amount of the
individual's tuition or fees for that program of education;
to the Committee on Veterans' Affairs.
By Ms. ROS-LEHTINEN:
H.R. 2475. A bill to authorize appropriations for the
Department of State for fiscal years 2010 and 2011, to
modernize the Foreign Service, and for other purposes; to the
Committee on Foreign Affairs.
By Ms. DeGETTE (for herself and Mrs. McMorris Rodgers):
H.R. 2476. A bill to amend the National Forest Ski Area
Permit Act of 1986 to clarify the authority of the Secretary
of Agriculture regarding additional recreational uses of
National Forest System land that are subject to ski area
permits, and for other purposes; to the Committee on
Agriculture, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. DENT (for himself, Mr. Daniel E. Lungren of
California, and Mr. Souder):
H.R. 2477. A bill to provide for an extension of the
authority of the Secretary of Homeland Security to regulate
the security of chemical facilities; to the Committee on
Energy and Commerce.
By Mr. McGOVERN (for himself, Mr. Royce, and Mr. Miller
of North Carolina):
H.R. 2478. A bill to support stabilization and lasting
peace in northern Uganda and areas affected by the Lord's
Resistance Army through development of a regional strategy to
support multilateral efforts to successfully protect
civilians and eliminate the threat posed by the Lord's
Resistance Army and to authorize funds for humanitarian
relief and reconstruction, reconciliation, and transitional
justice, and for other purposes; to the Committee on Foreign
Affairs.
By Ms. BERKLEY:
H.R. 2479. A bill to amend title XVIII of the Social
Security Act to modify the designation of accreditation
organizations for prosthetic devices and orthotics and
prosthetics, to apply accreditation and licensure
requirements to such devices and items for purposes of
payment under the Medicare Program, and to modify the payment
rules for such devices and items under such program to
account for practitioner qualifications and complexity of
care; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MORAN of Virginia (for himself, Mrs. Bono Mack,
Mr. Moore of Kansas, Mr. Brown of South Carolina, Ms.
Woolsey, Mr. Cohen, Mr. George Miller of California,
Mr. Blumenauer, Mr. Farr, Mr. McCotter, Mr. Hinchey,
Mr. Kucinich, Mr. Sherman, Mr. King of New York, and
Mr. Platts):
H.R. 2480. A bill to improve the accuracy of fur product
labeling, and for other purposes; to the Committee on Energy
and Commerce.
By Ms. ROS-LEHTINEN (for herself, Mr. McHugh, Mr.
Hoekstra, Mr. Lewis of California, Mr. King of New
York, Mr. Boehner, Mr. Cantor, and Mr. Pence):
H.R. 2481. A bill to require the President to develop a
comprehensive interagency strategy and implementation plan
for long-term security and stability in Pakistan, and for
other purposes; to the Committee on Foreign Affairs, and in
addition to the Committees on Intelligence (Permanent
Select), and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Ms. ROS-LEHTINEN (for herself, Mr. McHugh, Mr.
Hoekstra, Mr. Lewis of California, Mr. King of New
York, Mr. Boehner, Mr. Cantor, and Mr. Pence):
H.R. 2482. A bill to require the President to develop a
comprehensive interagency strategy and implementation plan
for long-term security and stability in Afghanistan, and for
other purpose; to the Committee on Foreign Affairs, and in
addition to the Committees on Armed Services, and
Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHERMAN (for himself, Mr. Gary G. Miller of
California, Mr. Frank of Massachusetts, Mr. Grayson,
Mrs. Halvorson, Ms. Harman, Ms. Speier, Mrs. Capps,
Mr. Culberson, Mr. Rohrabacher, Mr. Cummings, Mr.
Schiff, Mr. McNerney, Mr. Abercrombie, Mr. George
Miller of California, Mr. Cardoza, Mrs. Tauscher, Mr.
Filner, Mr. Bilbray, Mr. Honda, Mr. Berman, Mrs. Bono
Mack, Mrs. Maloney, Mr. Campbell, Mr. Ackerman, Mr.
Gallegly, Mr. Dreier, Mr. Farr, Mr. Bishop of New
York, Ms. Waters, Ms. Eshoo, and Mr. Hall of New
York):
H.R. 2483. A bill to permanently increase the conforming
loan limits for the Federal Home Loan Mortgage Corporation
and the Federal National Mortgage Association and the FHA
maximum mortgage amount limitations; to the Committee on
Financial Services.
By Mr. CAO (for himself, Mr. Melancon, Mr. Scalise, Mr.
Cassidy, Mr. Fleming, Mr. Boustany, and Mr.
Alexander):
H.R. 2484. A bill to provide for disaster assistance for
power transmission and distribution facilities, and for other
purposes; to the
[[Page 12822]]
Committee on Transportation and Infrastructure.
By Mr. ELLISON (for himself, Mr. Bishop of Georgia, Mr.
Carson of Indiana, Mr. Peterson, Mr. Walz, Mr. Welch,
Mr. Tonko, and Ms. Clarke):
H.R. 2485. A bill to amend title I of the Omnibus Crime
Control and Safe Streets Act of 1968 to include
nongovernmental and volunteer firefighters, ground and air
ambulance crew members, and first responders for certain
benefits; to the Committee on the Judiciary.
By Mr. GOHMERT:
H.R. 2486. A bill to amend title 10, United States Code, to
provide for support of funeral ceremonies for veterans
provided by details that consist solely of members of
veterans organizations and other organizations, and for other
purposes; to the Committee on Armed Services.
By Mr. GOHMERT:
H.R. 2487. A bill to direct the Secretary of Defense to
conduct a study on the feasibility of using military
identification numbers instead of social security numbers to
identify members of the Armed Forces; to the Committee on
Armed Services.
By Mr. HEINRICH:
H.R. 2488. A bill to require the Secretary of Defense to
modify the Certificate of Release or Discharge from Active
Duty (DD Form 214) in order to permit a member of the Armed
Forces, upon discharge or release from active duty in the
Armed Forces, to include an email address on the form; to the
Committee on Armed Services.
By Ms. HERSETH SANDLIN (for herself and Mr.
LaTourette):
H.R. 2489. A bill to authorize a comprehensive national
cooperative geospatial imagery mapping program through the
United States Geological Survey, to promote use of the
program for education, workforce training and development,
and applied research, and to support Federal, State, tribal,
and local government programs; to the Committee on Natural
Resources.
By Mr. KENNEDY (for himself, Mr. Kagen, and Mr. Patrick
J. Murphy of Pennsylvania):
H.R. 2490. A bill to amend the Internal Revenue Code of
1986 to allow certain small businesses to defer payment of
tax; to the Committee on Ways and Means.
By Mr. KING of New York:
H.R. 2491. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income any enlistment, accession,
reenlistment, retention, or incentive bonus paid to a member
of the Armed Forces; to the Committee on Ways and Means.
By Mr. LEVIN (for himself, Mr. Tiberi, Mr. George
Miller of California, Mr. Neal of Massachusetts, Mr.
Hinojosa, and Mr. Davis of Illinois):
H.R. 2492. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income discharges of student loans
the repayment of which is income contingent or income based;
to the Committee on Ways and Means.
By Mr. MASSA (for himself, Mr. Tonko, Mr. McMahon, Mr.
Wexler, Mr. Bishop of New York, Mrs. Maloney, and Mr.
Maffei):
H.R. 2493. A bill to prevent wealthy and middle-income
foreign states that do business, issue securities, or borrow
money in the United States, and then fail to satisfy United
States court judgments totaling $100,000,000 or more based on
such activities, from inflicting further economic injuries in
the United States, from undermining the integrity of United
States courts, and from discouraging responsible lending to
poor and developing nations by undermining the secondary and
primary markets for sovereign debt; to the Committee on
Financial Services, and in addition to the Committee on
Foreign Affairs, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. McHUGH:
H.R. 2494. A bill to designate 4 counties in the State of
New York as high-intensity drug trafficking areas, and to
authorize funding for drug control activities in those areas;
to the Committee on the Judiciary.
By Mr. MOORE of Kansas (for himself, Mr. Duncan, Mr.
Boyd, and Mr. Hill):
H.R. 2495. A bill to amend title 40, United States Code, to
enhance authorities with regard to real property that has yet
to be reported excess, and for other purposes; to the
Committee on Oversight and Government Reform.
By Mr. PATRICK J. MURPHY of Pennsylvania (for himself
and Mr. Tim Murphy of Pennsylvania):
H.R. 2496. A bill to amend title XXI of the Social Security
Act to improve access to the Children's Health Insurance
Program (CHIP) by providing exemptions to CHIP eligibility
waiting period requirements; to the Committee on Energy and
Commerce.
By Mr. NADLER of New York:
H.R. 2497. A bill to amend title 49, United States Code, to
expand and improve transit training programs; to the
Committee on Transportation and Infrastructure.
By Mr. OBERSTAR:
H.R. 2498. A bill to designate the Federal building located
at 844 North Rush Street in Chicago, Illinois, as the
``William O. Lipinski Federal Building''; to the Committee on
Transportation and Infrastructure.
By Mr. PIERLUISI (for himself, Mr. Abercrombie, Mr.
Arcuri, Mr. Baird, Ms. Berkley, Mr. Berman, Ms.
Bordallo, Mr. Boustany, Ms. Corrine Brown of Florida,
Mr. Brown of South Carolina, Mr. Burton of Indiana,
Mr. Butterfield, Mr. Cardoza, Mr. Castle, Ms. Clarke,
Mr. Connolly of Virginia, Mr. Conyers, Mr. Costa, Mr.
Cuellar, Mr. Delahunt, Mr. Dent, Mr. Lincoln Diaz-
Balart of Florida, Mr. Mario Diaz-Balart of Florida,
Mr. Doyle, Mr. Engel, Mr. Faleomavaega, Mr. Farr, Mr.
Fattah, Mr. Flake, Ms. Fudge, Mr. Gerlach, Mr.
Grayson, Mr. Gene Green of Texas, Mr. Hare, Mr.
Hastings of Florida, Mr. Higgins, Mr. Hinchey, Mr.
Hoyer, Ms. Jackson-Lee of Texas, Mr. Johnson of
Georgia, Ms. Kaptur, Mr. Kennedy, Mr. Kildee, Ms.
Kilpatrick of Michigan, Mr. Klein of Florida, Mr.
Kratovil, Ms. Lee of California, Mr. Lewis of
Georgia, Mr. Daniel E. Lungren of California, Mr.
Mack, Mr. Maffei, Ms. Markey of Colorado, Mr. Massa,
Mr. McGovern, Mr. McCaul, Mr. Mica, Mr. Mollohan, Mr.
Moran of Virginia, Ms. Norton, Mr. Olver, Mr. Ortiz,
Mr. Pence, Mr. Poe of Texas, Mr. Polis of Colorado,
Mr. Putnam, Mr. Rahall, Mr. Reyes, Mr. Rodriguez, Ms.
Ros-Lehtinen, Mr. Sablan, Mr. Salazar, Ms. Loretta
Sanchez of California, Mr. Shuler, Mr. Smith of
Washington, Mr. Stark, Mr. Taylor, Mr. Thompson of
Mississippi, Mr. Tonko, Mr. Walz, Ms. Wasserman
Schultz, Ms. Watson, Mr. Watt, Mr. Waxman, Mr.
Westmoreland, Mr. Wexler, Mr. Wilson of South
Carolina, Mr. Wu, Mr. Yarmuth, and Mr. Young of
Alaska):
H.R. 2499. A bill to provide for a federally sanctioned
self-determination process for the people of Puerto Rico; to
the Committee on Natural Resources.
By Mr. PITTS (for himself, Mr. Michaud, and Mr.
Wittman):
H.R. 2500. A bill to amend the Internal Revenue Code of
1986 to allow nontaxable employer matching contributions to
section 529 college savings plans; to the Committee on Ways
and Means.
By Mr. POMEROY (for himself and Mr. Paulsen):
H.R. 2501. A bill to amend title XVIII of the Social
Security Act to extend reasonable cost contracts under
Medicare; to the Committee on Ways and Means, and in addition
to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHRADER (for himself, Mr. McMahon, Mr. Connolly
of Virginia, Mr. Kind, Mrs. Halvorson, Mr. Crowley,
Ms. Schwartz, Mr. Himes, Mr. Altmire, Ms. Bean, Mrs.
Tauscher, and Mrs. Davis of California):
H.R. 2502. A bill to amend title XI of the Social Security
Act to provide for the conduct of comparative effectiveness
research and to amend the Internal Revenue Code of 1986 to
establish a Comparative Effectiveness Research Trust Fund,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. SOUDER (for himself, Mr. McCaul, Mr. Rogers of
Alabama, Mrs. Miller of Michigan, Mr. Bilirakis, Mr.
Dent, Mr. Austria, Mr. King of New York, and Mr.
Daniel E. Lungren of California):
H.R. 2503. A bill to amend title 49, United States Code, to
require inclusion on the no fly list certain detainees housed
at the Naval Air Station, Guantanamo Bay, Cuba; to the
Committee on Homeland Security.
By Mr. TEAGUE:
H.R. 2504. A bill to amend title 38, United States Code, to
provide for an increase in the annual amount authorized to be
appropriated to the Secretary of Veterans Affairs to carry
out comprehensive service programs for homeless veterans; to
the Committee on Veterans' Affairs.
By Mr. TEAGUE:
H.R. 2505. A bill to direct the Secretary of Veterans
Affairs to carry out a pilot program to utilize tele-health
platforms to assist in the treatment of veterans living in
rural areas who suffer from post traumatic stress disorder or
traumatic brain injury; to the Committee on Veterans'
Affairs.
By Mr. TEAGUE:
H.R. 2506. A bill to direct the Secretary of Defense to
ensure the members of the Armed Forces receive mandatory
hearing screenings before and after deployments and to direct
the Secretary of Veterans Affairs to mandate that tinnitus be
listed as a mandatory condition for treatment by the
Department of Veterans Affairs Auditory Centers of Excellence
and that research on the preventing,
[[Page 12823]]
treating, and curing of tinnitus be conducted; to the
Committee on Veterans' Affairs, and in addition to the
Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. YOUNG of Alaska (for himself and Mr.
Abercrombie):
H.R. 2507. A bill to direct the Secretary of Commerce to
establish a demonstration program to adapt the lessons of
providing foreign aid to underdeveloped economies to the
provision of Federal economic development assistance to
certain similarly situated individuals, and for other
purposes; to the Committee on Natural Resources.
By Mr. FORTENBERRY (for himself and Mr. Kagen):
H. Res. 458. A resolution expressing the sense of the House
of Representatives that the Federal Government should
encourage organic farming, gardening, local food production,
and farmers' markets; to the Committee on Agriculture.
By Mr. ROSKAM (for himself and Mr. Davis of Illinois):
H. Res. 459. A resolution expressing support for
designation of ``National Safety Month''; to the Committee on
Education and Labor.
____________________
MEMORIALS
Under clause 4 of Rule XXII, memorials were presented and referred as
follows:
51. The SPEAKER presented a memorial of the House of
Representatives of Oregon, relative to House Joint Memorial
4: Urging the President of the United States and the Congress
to take action to pass legislation and appropriate funds for
an orderly 90- to 120-day transition for National Guard
members and National Guard Reservists to civilian life
following active service; to the Committee on Armed Services.
52. Also, a memorial of the House of Representatives of
Maine, relative to H.P. 938, JOINT RESOLUTION MEMORIALIZING
THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES
CONGRESS FOR INCREASED OVERSIGHT AND ACCOUNTABILITY FOR
RECIPIENTS OF FEDERAL BAILOUT FUNDS; to the Committee on
Financial Services.
53. Also, a memorial of the General Count of Massachusetts,
relative to a resolution MEMORIALIZING CONGRESS TO COMMIT TO
THE GOAL OF RE-EMPOWERING AMERICA WITH 100 PER CENT CLEAN
ELECTRICITY IN THE NEXT 10 YEARS; to the Committee on Energy
and Commerce.
54. Also, a memorial of the 61st Legislative Assembly of
North Dakota, relative to HOUSE CONCURRENT RESOLUTION NO.
3042 expressing support for the public awareness of multiple
sclerosis and urging the Congress of the United States to
join in the movement in creating a world free of multiple
sclerosis; to the Committee on Energy and Commerce.
55. Also, a memorial of the House of Representatives of
Maine, relative to H.P. 925, JOINT RESOLUTION MEMORIALIZING
THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES
CONGRESS TO SUPPORT THE REFORM OF THE SOCIAL SECURITY
OFFSETS; to the Committee on Ways and Means.
56. Also, a memorial of the House of Representatives of
Oregon, relative to House Joint Memorial 2 Urging the
President of the United States and the Congress to take
action that: (a) Increases funding levels for the Local
Veterans' Employment Representatives Program and the Disabled
Veterans' Outreach Program; (b) Establishes a nationwide
public works program in collaboration with state employment
and military authorities that will provide jobs for veterans;
and (c) Provides tax credits for employers that hire veterans
and businesses that retrain veterans; jointly to the
Committees on Veterans' Affairs and Ways and Means.
57. Also, a memorial of the House of Representatives of
Maine, relative to H.P. 1004, JOINT RESOLUTION MEMORIALIZING
THE PRESIDENT OF THE UNITED STATES AND CONGRESS OF THE UNITED
STATES TO SIGN LEGISLATION THAT ESTABLISHES A NATIONAL,
UNIVERSAL, SINGLE-PAYOR NONPROFIT HEALTH CARE PLAN; jointly
to the Committees on Energy and Commerce, Ways and Means, and
Natural Resources.
____________________
PRIVATE BILLS AND RESOLUTIONS
Under clause 3 of rule XII,
Mr. FILNER introduced a bill (H.R. 2508) to extend patent
numbered 5,180,715 for a period of 2 years; which was
referred to the Committee on the Judiciary.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 22: Mr. Coble, Mr. Pierluisi, Mr. LaTourette, and Mr.
Tanner.
H.R. 49: Mr. Bilirakis.
H.R. 147: Mr. Young of Alaska and Mr. Towns.
H.R. 211: Mr. Grayson and Mr. Holt.
H.R. 235: Mr. Burgess, Mr. Carson of Indiana, and Mr. Rush.
H.R. 240: Mr. Neugebauer.
H.R. 393: Mr. Culberson.
H.R. 433: Mr. Putnam.
H.R. 444: Mr. McIntyre, Mr. Teague, and Mr. Hall of New
York.
H.R. 482: Mr. Putnam.
H.R. 503: Ms. Fudge and Mr. Pascrell.
H.R. 510: Mr. Kratovil and Mr. Marchant.
H.R. 564: Ms. Matsui.
H.R. 574: Mr. Schiff.
H.R. 593: Mr. Delahunt.
H.R. 606: Mr. Olver.
H.R. 621: Mr. Schauer, Ms. Titus, Ms. Giffords, and Mrs.
Lummis.
H.R. 702: Mr. Courtney.
H.R. 745: Mr. Harper, Mr. Rahall, and Mr. Cassidy.
H.R. 808: Mr. Tonko.
H.R. 816: Mr. Delahunt, Mr. Chaffetz, Mr. Calvert, and Mr.
Franks of Arizona.
H.R. 916: Mr. Price of Georgia.
H.R. 930: Ms. DeLauro, Mr. Putnam and Mr. Schiff.
H.R. 950: Mr. McGovern.
H.R. 952: Mr. Heinrich, Mr. Langevin, Ms. Velazquez, Ms.
Edwards of Maryland, Mr. Hastings of Florida, Ms. Slaughter,
Mr. Arcuri, Mr. Carney, Mr. Shuler, and Mr. Ruppersberger.
H.R. 997: Mr. Barrett of South Carolina.
H.R. 1021: Mr. Lincoln Diaz-Balart of Florida.
H.R. 1032: Mr. Lance, Mrs. Kirkpatrick of Arizona, and Mr.
Bartlett.
H.R. 1053: Mr. Goodlatte.
H.R. 1135: Mr. Thompson of Pennsylvania.
H.R. 1158: Mr. Wilson of South Carolina, Mr. Radanovich,
and Mr. Goodlatte.
H.R. 1179: Mr. Farr, Mr. Boyd, Mr. Bishop of New York, and
Mr. Gonzalez.
H.R. 1255: Mr. Smith of New Jersey and Mr. Olson.
H.R. 1330: Mr. Carson of Indiana and Mr. Gene Green of
Texas.
H.R. 1346: Mr. Nye.
H.R. 1428: Ms. Corrine Brown of Florida, and Mr. Kagen.
H.R. 1441: Mr. Butterfield.
H.R. 1458: Mr. Hoekstra.
H.R. 1474: Mr. Bishop of New York, Mr. Pierluisi, and Mr.
Al Green of Texas.
H.R. 1479: Mr. Delahunt, Ms. Schakowsky, and Mr. Pastor of
Arizona.
H.R. 1505: Ms. Fallin.
H.R. 1528: Ms. McCollum, Mr. Farr, Mr. Oberstar, and Mr.
Hinchey.
H.R. 1530: Ms. McCollum, Mr. Farr, Mr. Oberstar, and Mr.
Hinchey.
H.R. 1531: Ms. McCollum, Mr. Farr, Mr. Oberstar, and Mr.
Hinchey.
H.R. 1545: Mr. Shadegg.
H.R. 1552: Mr. Rodriguez, Ms. Zoe Lofgren of California,
Mr. Hall of New York, and Mr. Childers.
H.R. 1587: Mr. Davis of Kentucky.
H.R. 1616: Mr. Murphy of Connecticut, Mr. Smith of
Washington, Mr. Hastings of Florida, Mr. Fattah, and Mr.
Johnson of Georgia.
H.R. 1618: Mr. Lewis of Georgia and Mr. Sherman.
H.R. 1660: Ms. Markey of Colorado.
H.R. 1684: Mr. Wittman, Mr. King of Iowa, Mr. Nunes, Mr.
Miller of Florida, and Mrs. Kirkpatrick of Arizona.
H.R. 1692: Mr. Wittman and Mr. Wamp.
H.R. 1700: Mr. Sires.
H.R. 1708: Mrs. Lowey and Mr. Cohen.
H.R. 1712: Mr. Manzullo.
H.R. 1744: Mr. Fleming and Mr. Boustany.
H.R. 1751: Mr. Towns.
H.R. 1763: Mr. Paul, Mrs. Bachmann, and Mr. Souder.
H.R. 1826: Mr. Arcuri, Ms. Schakowsky, and Mr. Moran of
Virginia.
H.R. 1844: Mr. Kennedy and Mrs. Maloney.
H.R. 1912: Mr. Wittman and Mr. Wexler.
H.R. 1934: Mr. Cummings, Mr. Wilson of South Carolina, Mr.
Gerlach, and Mr. LaTourette.
H.R. 1944:. Mr. Sam Johnson of Texas.
H.R. 1964: Mr. Hastings of Florida and Mr. Serrano.
H.R. 1993: Ms. Schakowsky.
H.R. 2000: Mr. Smith of Washington.
H.R. 2006: Mr. Altmire, Mr. Bishop of New York and Mr.
McIntyre.
H.R. 2014: Mr. Tiahrt, Mr. Graves, Mr. Ruppersberger, Mrs.
Bachmann, Mr. Sarbanes, Mr. Lewis of Georgia, Ms. Speier,
Mrs. McCarthy of New York, Mrs. Miller of Michigan, Mrs.
Schmidt, Mr. Ellsworth, Mr. Petri, Mr. Miller of Florida, Mr.
Walz, Mr. McIntyre, Mr. Berry, Mr. Johnson of Illinois, Mr.
Neugebauer, Mr. Wittman, Mr. Rehberg, and Ms. Wasserman
Schultz.
H.R. 2017: Mrs. Maloney.
H.R. 2022: Mr. Rooney.
H.R. 2031: Mr. Putnam.
H.R. 2055: Mr. Farr, Mr. Minnick, Mr. DeFazio, Mr.
Schrader, and Mr. Wu.
H.R. 2067: Mr. Nadler of New York and Mrs. McCarthy of New
York.
H.R. 2071: Mr. Rangel.
H.R. 2076: Mr. Quigley.
H.R. 2083: Mr. Wittman.
H.R. 2118: Mr. Posey.
H.R. 2119: Mr. Posey and Mrs. Bachmann.
H.R. 2134: Mr. Rangel, Mr. Payne, and Mr. Moran of
Virginia.
[[Page 12824]]
H.R. 2143: Mr. Boozman.
H.R. 2169: Mrs. Bachmann.
H.R. 2181: Ms. Berkley and Mr. McGovern.
H.R. 2219: Mr. Wittman.
H.R. 2243: Mr. Hinchey, Mr. Oberstar, Mr. Brady of
Pennsylvania, Mr. Edwards of Texas, Mr. Welch, Mr. Brady of
Texas, Mr. Altmire, and Mr. Courtney.
H.R. 2254: Mr. Delahunt.
H.R. 2294: Mr. Buyer, Mrs. Lummis, Mr. Whitfield, Mr.
Hunter, Mr. Fortenberry, Mr. Kirk, Mr. Schock, Mr. Thompson
of Pennsylvania, Ms. Ginny Brown-Waite of Florida, Mr. Roe of
Tennessee, Mr. Guthrie, Mr. Lance, Mr. Smith of Nebraska,
Mrs. Capito, Mr. Posey, Mr. Harper, Mr. Davis of Kentucky,
Mr. Smith of New Jersey, Mr. King of Iowa, and Mr. Boozman.
H.R. 2296: Mrs. Bachmann, Mr. Wittman, Mr. Conaway, Mr.
Paulsen, and Mr. Sessions.
H.R. 2298: Mr. Lewis of Georgia, Ms. Shea-Porter, and Ms.
Ginny Brown-Waite of Florida.
H.R. 2311: Mr. Paulsen.
H.R. 2312: Mr. Paulsen.
H.R. 2321: Mr. Wittman.
H.R. 2325: Mr. Barton of Texas and Mr. Paul.
H.R. 2328: Mr. Lynch.
H.R. 2329: Mrs. Lummis, Mr. Engel, Mr. Olson, and Ms. Zoe
Lofgren of California.
H.R. 2332: Mr. Kissell.
H.R. 2338: Mr. Wamp, Mrs. Myrick, Mrs. Bachmann, and Ms.
Fallin.
H.R. 2355: Mr. Hastings of Florida, Ms. Kilpatrick of
Michigan, and Ms. Corrine Brown of Florida.
H.R. 2368: Mr. Berman.
H.R. 2389: Mr. Hall of New York.
H.R. 2393: Mr. Olson, Mr. Paulsen, Mr. Thornberry, and Mr.
McKeon.
H.R. 2404: Mr. Massa.
H.R. 2408: Ms. Roybal-Allard and Mr. Hoekstra.
H.R. 2414: Ms. Markey of Colorado.
H.R. 2422: Mr. Barton of Texas, Mr. Cuellar, Mr. Culberson,
Ms. Jackson-Lee of Texas, Mr. Paul, Mr. Rodriguez, and Mr.
Hensarling.
H.R. 2440: Mr. Roe of Tennessee.
H.R. 2450: Mr. LoBiondo.
H.R. 2452: Mr. Kind, Mr. Crowley, and Ms. Markey of
Colorado.
H.R. 2458: Mr. Paul.
H.J. Res. 46: Mr. Kagen and Mr. Holt.
H.J. Res. 47: Mr. Simpson, Mr. Michaud, Mrs. Miller of
Michigan, Mr. Tiahrt, Mr. Latham, Mr. Boustany, and Mr. Young
of Florida.
H. Con. Res. 21: Mr. Berman, Mr. Moore of Kansas, Mr.
Courtney, Mr. Cao, and Mr. Alexander.
H. Con. Res. 49: Mr. Skelton, Mr. Price of North Carolina,
Mr. Cummings, Mr. Lewis of California, and Mr. Herger.
H. Con. Res. 109: Mr. Barrow, Mrs. Christensen, Mr. Nye,
Mr. Berman, Mr. Melancon, Mr. Braley of Iowa, and Mr.
Heinrich.
H. Con. Res. 120: Mr. Sestak.
H. Con. Res. 124: Mr. Boozman.
H. Res. 6: Mr. Jordan of Ohio and Mr. Jones.
H. Res. 22: Mr. Yarmuth.
H. Res. 57: Ms. Eddie Bernice Johnson of Texas, Ms. Watson,
Mr. Scott of Georgia, Mr. Miller of North Carolina, Mr.
Connolly of Virginia, Mr. Loebsack, Mr. Becerra, and Mr.
Salazar.
H. Res. 156: Mr. Daniel E. Lungren of California.
H. Res. 169: Mr. Duncan, Mr. Miller of North Carolina, Mr.
Cohen, Mr. Etheridge, Mr. Kirk, Mr. Marchant, Mrs. Miller of
Michigan, Mr. Rogers of Kentucky, Mr. Skelton, Mr. McGovern,
Mr. Abercrombie, Mr. Miller of Florida, and Mr. Campbell.
H. Res. 231: Mr. Ehlers, Mrs. Maloney, Mr. Braley of Iowa,
Mr. Burgess, Mr. Holt, and Mrs. Blackburn.
H. Res. 232: Mr. Sessions.
H. Res. 241: Mr. Garrett of New Jersey.
H. Res. 244: Mr. Goodlatte.
H. Res. 285: Mr. Delahunt, Mr. McCotter, and Mr. Pitts.
H. Res. 314: Mr. Sires, Mr. Ryan of Ohio, Mr. Grayson, Mr.
Hare, Mrs. Halvorson, Ms. Edwards of Maryland, Mr. Adler of
New Jersey, Mr. Weiner, Mr. Carney, and Mr. Rooney.
H. Res. 323: Mr. Issa.
H. Res. 327: Mr. Lipinski.
H. Res. 349: Mr. Hastings of Washington, Mr. Sestak, Mr.
Roskam, and Mr. Calvert.
H. Res. 355: Mr. Bartlett.
H. Res. 364: Mr. LoBiondo.
H. Res. 394: Mr. Burgess.
H. Res. 397: Mr. Miller of Florida, Mr. Bachus, Mr. Young
of Alaska, Mr. Blunt, and Mr. Gohmert.
H. Res. 404: Mr. Young of Alaska.
H. Res. 411: Mr. Calvert.
H. Res. 418: Mr. Calvert, Mr. Wilson of South Carolina, Mr.
LaTourette, Mr. Bartlett, Mr. Shuster, Mr. Culberson, Mr.
Kingston, Ms. Foxx, Mr. Taylor, Mr. Perlmutter, Mr. Lincoln
Diaz-Balart of Florida, Mr. Smith of New Jersey, Mr. Coble,
Mr. McCaul, Mr. Manzullo, Mr. Bonner, Mr. Hall of Texas, Mr.
Barton of Texas, Mr. Hoekstra, Mr. Moran of Kansas, Ms. Ginny
Brown-Waite of Florida, Mr. Thornberry, Mr. Olson, Mr.
Tiberi, Mr. LoBiondo, Mr. Nunes, Mr. Young of Florida, Mr.
Hastings of Washington, Mr. Lucas, Mr. Cole, Mr. Putnam, Mr.
Simpson, Mr. Carter, Mr. Sensenbrenner, Mr. McCotter, Mr.
Rogers of Michigan, Mr. Fortenberry, Mr. Frelinghuysen, Mr.
Young of Alaska, and Mr. Tierney.
H. Res. 420: Ms. Bordallo, Mr. Rodriguez, Mr. Brown of
South Carolina, Mr. Guthrie, Mr. Thompson of Pennsylvania,
Mr. Posey, Mr. Austria, Mrs. Bachmann, Mr. Heller, Mr.
Duncan, Ms. Ros-Lehtinen, Mr. Miller of Florida, Mr. McHenry,
and Mr. Roe of Tennessee.
H. Res. 426: Mr. Poe of Texas.
H. Res. 430: Mr. Wilson of South Carolina, Mr. Rothman of
New Jersey, Ms. Ros-Lehtinen, Mr. Manzullo, Mr. Lincoln Diaz-
Balart of Florida, Mr. Young of Florida, Mr. LaTourette, Ms.
Ginny Brown-Waite of Florida, Mr. Simpson, Mr. Castle, Ms.
Foxx, Mr. LoBiondo, Mr. Scalise, Mr. Mica, and Mr.
Frelinghuysen.
H. Res. 439: Mrs. Maloney.
H. Res. 444: Ms. Jackson-Lee of Texas, Ms. Fudge, Ms.
Kaptur, Ms. Sutton, and Mr. Hare.
____________________
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS
Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:
The amendment to be offered by Representative Nydia
Velazquez or a designee to H.R. 2352 the Job Creation Through
Entrepreneurship Act of 2009, does not contain any
congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(d), 9(e), or 9(f) of
rule XXI.
[[Page 12825]]
SENATE--Tuesday, May 19, 2009
The Senate met at 10 a.m. and was called to order by the Honorable
Roland W. Burris, a Senator from the State of Illinois.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Gracious Lord, King of our lives and Ruler of all, help us today to
trust You with all our hearts and strive to stay within the circle of
Your will. Turn the Members of this body back to the truth that those
who would be great must be willing to serve humanity and that those who
lose their lives for a worthy cause will find life everlasting. May
such service and sacrifice bring deliverance to captives and balm to
those who are bruised by life. Make our lawmakers, this day, receptive
to Your wisdom, even amid the contention and collision of debate. Help
them to shine with Your peace and good will. Lord, fill this Chamber
with Your presence and each Senator with Your power for the work of
this day.
We pray in Your strong Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Roland W. Burris led the Pledge of Allegiance, as
follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The assistant legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, May 19, 2009.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Roland W. Burris, a Senator from the State of Illinois, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. BURRIS thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
SIGNING AUTHORITY
Mr. REID. Mr. President, I ask unanimous consent that today, Tuesday,
May 19, I be authorized to sign any duly enrolled bills or joint
resolutions.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
SCHEDULE
Mr. REID. Mr. President, following leader remarks, the Senate will
resume consideration of H.R. 627, the credit card bill. A rollcall vote
will occur sometime within the next half hour or so. It may not occur
immediately. When cloture is invoked, we will dispose of the pending
amendments and then vote on passage of the bill, as amended. Rollcall
votes are possible later in the day. We do know there are some
agreements on a nomination, the Gensler nomination. There will be a
vote on that nomination after the caucus lunches today at about 2:15
p.m. Later this afternoon, we expect to begin consideration of the Iraq
and Afghanistan supplemental appropriations bill.
____________________
RECOGNITION OF THE MINORITY LEADER
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
____________________
SUPPLEMENTAL WAR SPENDING
Mr. McCONNELL. Mr. President, today, the Senate takes up the
supplemental war spending bill for the wars in Afghanistan and Iraq.
The need to consider such wartime supplementals is familiar to the
Senate, but their importance has not diminished over time. Our Armed
Forces have fought valiantly against global terrorism for more than 7
years, and our intelligence community has made invaluable contributions
to that effort. This week, the Senate will show, once again, that we
are grateful for the service and dependent on the heroism of every
American fighting to help protect us at home and abroad.
Similar to any supplemental war spending bill, this week's bill must
be viewed in the context of the broader fight against terrorism. This
is a fight that began in earnest after the events of 9/11 but which
found its justification in a long series of attacks that culminated on
that terrible day. Eight years before 9/11, several Americans were
killed in the first World Trade Center bombing. Two years later, five
Americans were killed in an attack on a U.S. military site in Riyadh.
In 1996, 19 U.S. servicemen lost their lives in the Khobar Towers
bombing. In 1998, 12 Americans were killed in Embassy bombings in
Nairobi and Dar es Salaam. In 2000, 17 American soldiers were killed in
the attack on the USS Cole. Of course, on September 11, 2001, 19
hijackers killed 3,000 Americans in New York, Virginia, and
Pennsylvania.
What is clear from all this is that terrorists were at war with us
long before we were at war with them. But then, after 9/11, the
Northern Alliance and U.S. forces, along with our allies, took the
fight to al-Qaida and the Taliban in Afghanistan. Coalition forces
later toppled Saddam Hussein and subsequently mounted a successful
counterinsurgency against al-Qaida in Iraq that continues to this day.
The supplemental we will consider this week funds all those efforts,
and it provides vital assistance to Pakistan in its ongoing battle
against insurgents.
One of the more contentious issues that has arisen in the course of
this protracted fight is the fate of captured terrorists. Since 9/11,
the United States has captured hundreds of terrorists who wish to harm
Americans. Many of them have been brought to the secure detention
facility at Guantanamo Bay. Current inmates include some of the key
coconspirators in the Embassy bombings in Nairobi and Dar es Salaam, as
well as Abd al-Rahim al-Nashiri, the mastermind of the attack on the
USS Cole. Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks,
is also there, as are a number of his 9/11 coconspirators.
Guantanamo was established to house terrorists such as these--
dangerous men who pose a serious threat to Americans. The fact that we
have not been attacked at home since 9/11 confirms, in my view, the
fact that this facility, when taken together with all our other efforts
in the global fight against terrorism, has been a success.
There is no doubt that some of the men who are held at Guantanamo are
[[Page 12826]]
eager to launch new attacks against us. Of those who have been released
from Guantanamo, about 12 percent have returned to the battlefield. One
of these men is currently a top al-Qaida deputy in Yemen. Another is
the Taliban's operations commander in southern Afghanistan. These are
men who were thought to be safe for transfer.
More recently, the Defense Department has confirmed that 18 former
detainees have returned to the battlefield and that at least 40 more
are suspected of having done so. Earlier this year, the Saudi
Government said that nearly a dozen Saudis who were released from Gitmo
are believed to have returned to terrorism. This is a good reason to
keep these men at Guantanamo until the administration can present us
with a plan for keeping terrorists off the battlefield.
Some have argued that the existence of the Guantanamo prison serves
as a recruiting tool for terrorists. But it is hard to imagine that
moving this facility somewhere else and giving it a different name will
somehow satisfy our critics in European capitals. Even less likely is
the notion that by moving detainees from the coast of Cuba to Colorado,
terrorists overseas will turn their swords into ploughshares.
The global terror network we are fighting targeted and killed
Americans long before 9/11 and long before we opened the gates of
Guantanamo. Shutting this facility now could only serve one end; that
is, to make Americans less safe than Guantanamo.
The supplemental spending bill that the Senate votes on this week
will fund an effort to combat terrorism that has been hard fought. We
have seen victories and we have seen setbacks and keeping detainees off
the battlefield is part of the battle. Al-Qaida's terrorist networks
remain vital and lethal, and releasing detainees to return to terror in
places such as Yemen would be at cross-purposes with the underlying
bill itself. If we are committed to funding the global fight against
terrorism, then we will come up with a good alternative to Guantanamo
before we move to close it.
The administration has shown a willingness to change course on other
matters of national security. It is my hope that it will show a similar
willingness on Guantanamo. As the Senate considers this supplemental,
we will have an opportunity to encourage such a shift in their thinking
by expressing our opposition to closing Guantanamo until a good
alternative emerges. This is the only way to ensure the same level of
safety that Guantanamo has delivered and the supplemental itself is
intended to promote.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BURRIS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Brown). Without objection, it is so
ordered.
Mr. BURRIS. Mr. President, I would like to speak briefly on the
credit card legislation which we are going to be taking up in a minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Illinois is recognized.
____________________
CREDIT CARD REFORM
Mr. BURRIS. Mr. President, in these trying economic times, far too
many Americans have had to watch their hard-earned financial security
evaporate almost overnight.
Rising unemployment, rampant foreclosures, and shrinking market
liquidity continue to run roughshod over American families. For some,
credit cards have become a last line of defense.
Responsible spending on credit has helped millions of ordinary people
pay bills and keep food on the table even as the economy continues to
deteriorate.
I rise today in support of these hard-working Americans.
The need for credit card reform is crucial, and the time to act is
now. We must pass the Credit CARD Act of 2009 without delay.
As credit availability tightens, the final wall of support is
crumbling. At the slightest provocation, many credit card companies
have chosen to take advantage of families in distress with unfair
interest rates and drastic new fees.
Some people are suddenly confronted with a choice between large
annual premiums or excessive rate hikes.
A Chicagoan, Mr. Weatherspoon bought a home several years ago and
soon ran into some unexpected expenses. To consolidate his home repair
bills that totaled over $12,000, Mr. Weatherspoon applied for a credit
card to take advantage of a low introductory offer of 4.5 percent.
Without notice, that low rate jumped to 28 percent. And he has been
paying it off ever since. Over the last 8 years, Mr. Weatherspoon has
paid the bank $15,000, but has only reduced his principal balance by
$800.
These companies can change the terms of a contract at a moment's
notice and without providing any reason at all.
This allows them to maximize their profits while keepingAmerican
families mired in more than $950 billion worth of debt.
We cannot stand by as honest, responsible people fall victim to these
predatory tactics.
We must not allow millions of Americans to be tricked and cheated as
they struggle to make ends meet. Consumers are demanding relief, and it
is our duty to provide it.
There is no place for that kind of greed in this new economy. There
is no place for rising interest rates and record profits at the expense
of good working people.
Now, as never before, we must move with urgency to shieldAmerican
wage earners against exploitation and ensure that everyone gets a fair
deal. This is especially true of those in need, and it is on their
behalf that I address this Chamber today.
That is why I support the Credit CARD Act of 2009. This bipartisan
legislation will give us the tools to fix a system that allows
corporate giants to abuse their customers.
It will bring accountability back to the market and strengthen
oversight. It will end abusive practices like hidden fees and sudden
rate hikes.
Young consumers will be shielded by a provision that requires an
adult to share in every new credit card agreement.
Companies will be required to use plain language instead of
manipulative fine print, ending the predatory bait-and-switch tactics
that got us into this mess.
Quite simply, this bill will restore fairness, honesty and plain old
common sense to the credit card industry.
It will stop companies from changing the rules in the middle of the
game, but it will do nothing to reward irresponsible spenders or
penalize companies that operate in good faith. This is essential
legislation at a time when the stakes could not be any higher.
We must move quickly to halt unfair and abusive practices that
threaten our financial security. America has had enough, and it is time
that the members of this Senate stand with our fellow citizens to say
that we, too, have had enough.
I urge my colleagues to join with me in passing the Credit CARD Act.
We will be voting shortly. Let's pass this bill.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BROWN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. BROWN. I ask unanimous consent to speak for no more than 5
minutes as in morning business.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT
Mr. BROWN. Mr. President, 15 years ago I sat on the Energy and
Commerce
[[Page 12827]]
Committee in the House of Representatives and listened to seven tobacco
executives. It was a famous photograph of these seven tobacco
executives who raised their right hands and swore to tell the whole
truth and nothing but the truth. They were there to defend their
practices and swear under oath that cigarettes and nicotine were not
addictive. The president of Philip Morris said, ``I believe nicotine is
not addictive.'' The chairman and CEO of R.J. Reynolds Tobacco Company
said, ``Cigarettes and nicotine clearly do not meet the classic
definition of addiction.'' The president of U.S. Tobacco, the chairman
and CEO of Liggett Group, and the chairman and CEO of Brown &
Williamson Tobacco Corporation all said, ``I believe that nicotine is
not addictive.'' I listened as the president and CEO of American
Tobacco said, ``I, too, believe nicotine is not addictive.''
During that hearing, we heard repeatedly that 400,000 Americans die
of tobacco-related illnesses; 400,000 Americans every year, more than a
thousand people a day, die of tobacco-related illnesses. It occurred to
me--as these CEOs raised their right hands, all seven of them in a row,
and said tobacco is not addictive, cigarettes aren't addictive--it
occurred to me why they were saying that. Simply, if 400,000 of their
customers are dying every year, more than 1,000 a day, they need at
least 400,000 new customers every year, at least 1,000 a day. So if
they are going to get those 400,000 customers, my guess is they are not
going to convince the Senator from Illinois--the junior Senator or the
senior Senator from Illinois--they are not going to convince me, they
are not going to convince most of us who are in our forties, fifties,
and sixties to start smoking. They are more likely to aim at the pages
who are sitting here who are 15, 16, 17 years old. They are more likely
to go after children.
In fact, the Cancer Action Network, the American Cancer Society, did
an ad today: 98,000 kids have smoked their first cigarette in the last
month. That is why the cigarette companies, the tobacco companies have
introduced products such as Camel Orbs, Sticks, and Strips that are
aimed at children. That is why they did the Camel No. 9, a very
attractive package, trying to get women to smoke; Joe Camel;
billboards--until we outlawed them--right by high school campuses and
high school buildings.
The fact is, 400,000 Americans die every year from tobacco-related
illnesses. Tobacco companies need 400,000 new customers just to break
even, just to stay in business. They aim at our children. They go after
children who are 12, 13, 14, 15, 16, 17 years old. That is why, under
Chairman Kennedy's leadership with Chairman Dodd, today the Health,
Education, Labor, and Pensions Committee will begin its deliberations
on finally changing the way we regulate tobacco, giving the authority
to the Food and Drug Administration. It is the right way to go. By this
time on Thursday, I hope, certainly by Friday, we should have
legislation voted out of that committee, ready to take action. It is
about time this body stood up to the tobacco interests and did what is
right for our children.
I yield the floor and suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. LANDRIEU. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Gillibrand). Without objection, it is so
ordered.
Ms. LANDRIEU. Madam President, I ask unanimous consent to speak for
up to 5 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. LANDRIEU. Thank you, Madam President.
____________________
SMALL BUSINESS WEEK
Ms. LANDRIEU. Madam President, I know we are trying to finalize the
debate on the underlying credit card improvement bill and support for
consumers with personal credit cards. But I thought I would take a
moment to come to the floor to speak to the fact that this week is
Small Business Week in America. All over our country we are celebrating
the entrepreneurial spirit of the over 26 million small businesses in
America that serve as a backbone of our economy.
Just yesterday, I was with Administrator Karen Mills of the Small
Business Administration, as she opened Small Business Week at one of
the local hotels here, where there are hundreds of small business
owners receiving awards from all our States for the extraordinary work
they have done in opening, starting, and building their businesses, at
even these challenging times. In a few minutes, I will be joining her
for lunch, as we hand out awards to some of the most innovative small
businesses in the world today, not just in America but in the world. It
is exciting that many of these small business owners are with us in
Washington this week.
So I have come to the floor to speak about our business owners, some
of the challenges they are facing, and to acknowledge there will be a
resolution we are asking to be cleared this week in honor of these
millions of firms.
I say to the Presiding Officer, as you know, Main Street firms pump
almost $1 trillion into our economy every year, creating two-thirds of
all new jobs, and account for more than half America's workforce.
Sometimes when people see corporations and businesses and they read the
headlines about General Motors, GE, or other large companies--Exxon,
Shell come to mind--those are good examples of national and
international companies, but they are not necessarily examples of where
all the jobs are, contrary to common belief.
The jobs are hard to see sometimes because they are in small places;
in neighborhoods and on main streets and farm roads and on farm-to-
market roads throughout our country; they are with small entrepreneurs
employing themselves and maybe two or three other people or themselves
and maybe 10 or 15 other people. They are building the backbone of the
American free enterprise system.
These are the family businesses throughout the country whose thread
still weaves the American dream--the dream of working for yourself,
being your own boss, setting your own hours, never working less than
you would probably at a large company, always working more but being
quite rewarding, with a business you can pass down to your children and
grandchildren who earn their way in the business. This is what keeps
the spirit of America going forward.
These are the businesses we honor this week. They are the
technological startups that produce cutting-edge, clean energy sources,
lifesaving medical advances, and provide safer equipment for our
troops, protecting our way of life. They are the construction companies
that build new schools and better homes and businesses that fix our
roads and our bridges.
These are the small business entrepreneurs out there whom we honor
this week.
As the Presiding Officer and our other colleagues know, small
businesses are in a world of hurt. They are in trouble. They are in
very troubled waters, in very difficult times.
As America's consumers pinch pennies to pay the bills, small business
owners scramble to pay their own bills. Entrepreneurs are,
unfortunately, being turned away from many traditional sources of
capital financing. Many of these small businesses have never, in their
history of business, missed a payment or been late on a payment. Yet we
are hearing some very sad and troubling stories in the Small Business
Committee, such as that of Robert Cockerham, whose wife, I believe, was
with him, if my memory serves. He is a car dealer. He took his life
savings and started Car World. Similar to many business owners, he put
everything into this business. He became one of the highest selling
dealerships in New Mexico. It was an exciting opportunity for him and
his family. But yet, as this recession has unfolded, he was forced to
close some of his dealerships and lay off workers. He thought
[[Page 12828]]
most of his tough decisions were behind him, only to find that a bank
came in and constricted his line of credit. Again, he had never missed
a payment or been late. Unfortunately, now his business is in a very
dire situation.
That is why it is important for us to press forward on everything we
can, through the Small Business Administration, through the stimulus
package, trying to reach business owners such as this who have not done
anything wrong. They have simply gotten caught up in one of the worst
economic downturns in recent memory. We need to do more, and we will.
That is what our efforts are here today, as in the previous weeks, and
hopefully in the weeks to come.
I am proud to say we have taken some important steps. But we need to
do so much more. The American Recovery and Reinvestment Act took bold
steps to increase access to capital for our Nation's entrepreneurs. In
the Small Business Committee, we worked to temporarily eliminate fees
on SBA-backed loans. I am proud to report the week that new rule went
into effect, we saw an immediate uptick of 25 percent in new loans
being made through the SBA because of the temporary elimination of
those fees.
The Recovery Act has helped to stimulate new lending and will,
hopefully, continue to do so. We think, based on what is in the
Recovery Act, it will pump about $16 billion in new loans and venture
capital into small businesses in America.
I continue to be concerned, however, about the road ahead for so many
of our small businesses, not only in New York, the State the Presiding
Officer represents, but in Louisiana as well, where our unemployment
rate, thankfully, is lower than the average but, nonetheless, our
businesses are struggling.
We must double our efforts. I wish to work with my colleagues in the
House to reauthorize the Small Business Administration and its critical
programs. These initiatives have assisted entrepreneurs in starting and
growing their businesses and were responsible, according to our
records, for 1.5 million jobs being created or sustained last year.
One of these small business owners is Bob Baker, the owner of Baker
Sales, a pipe and fence distributor in Louisiana and the State's Small
Business Owner of the Year.
I met Bob Baker yesterday. He encourages his employees to take
advantage of the free classes the local Small Business Development
Center offers. He has taken advantage of the center's counseling to
cope with financial difficulties.
These days, Bob reports he is doing better than most small business
owners. He has stabilized his line of credit at a local Chase Bank, but
he knows right now he cannot expand because of the current situation.
But let me say, if we are going to pull out of this recession--I
believe we will--it is going to be because small business pulls us out,
not the giant corporations, not the multinationals but the intrepid
entrepreneurs who will put their face to the wind and move forward,
even in difficult times.
The least we can do is reauthorize our Small Business Administration,
make it as robust and effective and agile and muscular as possible, to
give them the help they need.
To help Bob Baker, to help Robert Cockerham, and small business
owners such as them who have testified before our committee, let us
redouble our efforts to get our work done.
In conclusion, we must also make sure the billions of dollars in
stimulus money are moving to small businesses, as required by law. I
will be having a hearing this week in my committee, and I wish to thank
so many of my members, particularly Senator Shaheen, Senator Hagan, and
Senator Cardin, who have been particularly aggressive in this effort. I
thank them very much.
Again, it is Small Business Week. Pat a small businessperson on the
back. Thank him or her for doing his or her work because this will be
the group who leads America back to strength.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Madam President, I ask unanimous consent to be able to
speak for up to 10 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
USURY
Mr. SANDERS. Madam President, I am assuming today we are, in fact,
going to vote on the credit card legislation, which is a very important
step forward in beginning to address some of the outrages the large
banks and credit card industry are perpetrating on the American people.
A few weeks ago, I asked folks on my mailing list to tell me what
credit card companies are doing to them. Within 3 days, we had over
5,000 responses, and many of these responses were hair-raising. People
have seen their interest rates on their credit cards double, triple.
People are now paying 25 or 30 percent interest rates, which to my mind
is unacceptable.
The issue we are dealing with on credit cards is something I have
been involved in for many years. I was a member of the Financial
Services Committee in the House of Representatives in 2003. We
introduced legislation entitled the ``Credit Bait and Switch Prevention
Act,'' which deals with many of the same issues that, in fact, we are
going to be dealing with today. So it has taken us a little bit of time
to get to where we are, but I think it is a step forward.
What I do wish to say is, while the legislation we are passing today
is important--and it is a very good piece of legislation; I
congratulate Chairman Dodd for his work on it--it does not go far
enough. One of the areas where it is not going anywhere near as far as
it should be is finally addressing the issue of usury in the United
States of America and making a moral determination whether it is
acceptable, whether it is moral for banks to be charging Americans 25
or 30 percent interest rates and, in some cases, in terms of payday
lending, significantly higher than that. Is that what we want to be
doing as a nation? What I would like to do now is briefly read from
what I thought was a very thoughtful article by Arianna Huffington in
the Huffington Post, where she touches on the issue of usury, which is
an issue we have to address.
This is what she says:
Throughout history, usury has been decried by writers,
philosophers, and religious leaders.
Aristotle called usury the ``sordid love of gain,'' and a
``sordid trade.''
Thomas Aquinas said it was ``contrary to justice.''
In The Divine Comedy Dante assigned usurers to the seventh
circle of hell.
Deuteronomy 23:19 says, ``thou shalt not lend upon usury to
thy brother.''
Ezekiel 18:10 compares a usurer to someone who ``is a
thief, a murderer . . . defiles the wife of his neighbor,
oppresses the poor and needy, commits robbery, does not give
back a pledge, raises his eyes to idols, does abominable
things.''
The Koran is equally unequivocal: ``God condemns usury.''
And it goes on to say that ``those who charge usury are in
the same position as those controlled by the devil's
influence.''
In other words, throughout history, and in all the major religions,
usury has been condemned. What civilization has said is that it is
simply wrong and immoral for those people who have money to take
advantage of those people who need that money by charging them
outrageously high interest rates. In my view, interest rates of 25, 30,
35, 50 percent are outrageous and it is usury, and it is time the
Senate address those issues.
Up until the late 1970s--
and I am quoting Arianna Huffington again--
America's laws followed suit, keeping interest rates in
check.
Then, in 1979, a Supreme Court ruling allowed banks to
charge the top interest rate allowed by the State where a
bank is incorporated as opposed to the borrower's home State.
Hoping to lure banks' business, States like South Dakota and
Delaware repealed their usury laws--and off we went.
That same year, Congress passed the Depository Institutions
Deregulation and Monetary Control Act which, among other
[[Page 12829]]
things, allowed federally chartered savings banks and loan
companies to charge any interest rates they chose--putting us
on the path that led us to today, where banks routinely gouge
their most vulnerable customers.
So here is where we are today. The bottom line is we are going to
pass a bill that is long overdue. It is a good bill. I commend Chairman
Dodd for his hard work. It is an important step forward in protecting
consumers. But I am going to be back on this issue of usury. In the
United States of America, we have to finally tell banks and credit card
companies it is simply not acceptable to charge people 25, 30, 35
percent interest rates. We have to end that abominable practice, and I
intend to be playing an active role in that.
I ask unanimous consent that the article to which I have been
referring be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
(From the Huffington Post, May 18, 2009)
Obama Calls for An Extreme Makeover of Our Culture: Are the Credit Card
Companies Listening?
(By Arianna Huffington)
In his masterful commencement speech at Notre Dame this
weekend, President Obama took his campaign theme of Change to
a whole new level, telling the graduates--and the rest of
us--that we find ourselves at ``a rare inflection point in
history where the size and scope of the challenges before us
require that we remake our world to renew its promise.''
So, as we stand at this inflection point and gradually move
from what Jonas Salk called Epoch A (our survival-focused
past) to Epoch B (our meaning-focused future), we have to ask
ourselves what this remade world will look like--and what
steps we need to take to get there.
At Notre Dame, Obama offered a devastating teardown of
Epoch A and its ``economy that left millions behind even
before this crisis hit--an economy where greed and short-term
thinking were too often rewarded at the expense of fairness,
and diligence, and an honest day's work.''
The problem, according to the president: ``Too many of us
view life only through the lens of immediate self-interest
and crass materialism; in which the world is necessarily a
zero-sum game. The strong too often dominate the weak, and
too many of those with wealth and power find all manner of
justification for their own privilege in the face of poverty
and injustice.''
The president should email his speech to Wall Street. And
while he's at it, he should also blast it out to the people
running the giant pharmaceutical companies, the ones who
knowingly allow deadly drugs to remain on the shelves; to the
people running chemical plants releasing deadly toxins into
the water and air; to the factory farmers filling our food
with steroids and additives; to the dentists exposed for
trading their Hippocratic oath for profit by performing
unnecessary surgeries on children.
And he should definitely send it to the credit card
companies, which, faced with customers choking on debt and
forced to use their credits cards to pay for essentials like
food and medical care, respond by jacking up interest rates
and tacking on penalties and fees. Even as credit card
defaults reached record levels in April.
As we move to Epoch B, we need to ask ourselves: do we want
to continue living in a world where banks can gouge their
customers with sky-high interest rates?
The Senate seems to think so. Last week it voted down a
measure introduced by Bernie Sanders that would cap interest
rates at 15 percent. And it wasn't even close. Sanders'
amendment only got 33 votes, with 22 Democrats joining those
who voted against the interests of their constituents (a
shout out to Sen. Grassley, the lone Republican to vote for
the amendment).
``When banks are charging 30 percent interest rates, they
are not making credit available,'' said Senator Sanders.
``They are engaged in loan sharking.'' Also known as usury.
Throughout history, usury has been decried by writers,
philosophers, and religious leaders.
Aristotle called usury the ``sordid love of gain,'' and a
``sordid trade.''
Thomas Aquinas said it was ``contrary to justice.''
In The Divine Comedy Dante assigned usurers to the seventh
circle of hell.
Deuteronomy 23:19 says, ``thou shalt not lend upon usury to
thy brother.''
Ezekiel 18:10 compares a usurer to someone who ``is a
thief, a murderer . . . defiles the wife of his neighbor,
oppresses the poor and needy, commits robbery, does not give
back a pledge, raises his eyes to idols, does abominable
things.''
The Koran is equally unequivocal: ``God condemns usury.''
And it goes on to say that ``those who charge usury are in
the same position as those controlled by the devil's
influence.''
Up until the late 1970s, America's laws followed suit,
keeping interest rates in check.
Then, in 1979, a Supreme Court ruling allowed banks to
charge the top interest rate allowed by the state where a
bank is incorporated as opposed to the borrower's home state.
Hoping to lure banks' business, states like South Dakota and
Delaware repealed their usury laws--and off we went.
That same year, Congress passed the Depository Institutions
Deregulation and Monetary Control Act which, among other
things, allowed federally chartered savings banks and loan
companies to charge any interest rates they chose--putting us
on the path that led us to today, where banks routinely gouge
their most vulnerable customers.
According to Elizabeth Warren, credit card companies ``have
switched from the notion of `I'll lend you money because I
think you'll be able to repay and we'll find a reasonable
rate for doing that' over to a tricks and traps model . . .
The job is to trick people and trap them and that' s how you
boost profits.''
This profit-uber-alles mindset is why the banking industry,
looking at the world through what Obama described as the
``lens of immediate self-interest and crass materialism,'' is
fighting tooth and nail against the Senate's new credit card
reform bill that is set to come up for a vote this week (the
industry already having spent $42 million on lobbying this
year alone). Although, to hear the bankers' lobbyists tell
it, all they really want is what is best for the consumer.
``It is vitally important for policymakers to get the right
balance of better consumer protection while not jeopardizing
access to credit and the credit markets,'' said Ken Clayton
of the American Bankers Association. ``We are very worried
that the Senate bill fails to achieve this balance, to the
detriment of American consumers.''
Yes, I'm sure they are losing a lot of sleep worrying about
American consumers. But the problem for most consumers isn't
getting access to credit cards (see the endless credit card
come-ons clogging our mailboxes). It's being hammered with 36
per cent interest rates for missing a single payment or
bombarded with a never-ending array of fees (lenders raked in
over $18 billion on penalties and fees alone in 2007).
In any case, the Senate bill, while definitely a step in
the right direction (and even tougher than the measure the
House passed in April), will, with a few worthy differences,
impose the same limits on the credit card industry as the new
rules passed by the Fed in December. And, like the new Fed
regulations, the Senate legislation won't take effect for
close to a year.
Don't get me wrong: having the president sign the bill into
law will send the right message to the banking industry
(important after the cramdown debacle) and offer added
protection against a future Fed chairman arbitrarily rolling
back the new rules.
But if the new rules are important enough to consumers for
Congress to enshrine them into law, why not make them
effective immediately? As Obama said at last week's town hall
meeting on credit cards, the predatory practices of the
credit industry have ``only grown worse in the middle of this
recession, when people can afford them least.'' Almost a year
is too long to wait when people are struggling--and being
bled dry.
``Both the politicians and the regulators are riding in
like the cavalry, and the settlers are already dead,'' David
Robertson, publisher of the Nilson Report, a newsletter that
monitors the credit card industry, told the Washington Post.
As HuffPost's Ryan Grim reported, Obama has been much more
involved with the credit card bill than he was with the anti-
foreclosure legislation. But, given the impassioned case he
made at Notre Dame and his call to ``align our deepest values
and commitments to the demands of a new age,'' he should take
it one step further and throw his weight behind Sanders'
effort to limit usurious interest rates.
Just because it didn't pass doesn't mean it's dead. History
is filled with causes that took many battles before they were
victorious (women's suffrage, the Voting Rights Act, the
Clean Air Act, the American with Disabilities Act, etc.,
etc., etc.).
Our deepest values and commitments are certainly being put
to the test. Questions we thought had been settled for
hundreds of years are suddenly back on the table. Are we a
country that tortures or not? Are we a country that
financially tricks and traps millions of vulnerable working
families, binding them to the whims of bankers who have lost
all sight of fairness?
Appearing on Real Time with Bill Maher, Elizabeth Warren
put the question this way:
``This is really about whether we have a government that
just recedes and says, in effect, `Hey, the strong can take
from everybody, they can write these [rules] however they
want . . .we can have a totally broken market that makes a
few people very rich and robs the rest of them. Or you can
write a set of rules that says, `You know, it's just gotta be
kind of level out there.' . . . Everything we have, your
shoes, your clothes, the water you drink, the air you
breathe, we have basic safety rules in the United States. . .
. But we don't have them for consumer credit products.''
[[Page 12830]]
Heading into Epoch B, and seeing the devastation all around
us here at the tail end Epoch A, can anyone--other than the
banking lobby, that is--argue that we shouldn't?
The moment to act is now. Inflection points in history
don't come along very often.
Mr. SANDERS. I yield the floor.
I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DODD. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
RESERVATION OF LEADER TIME
The PRESIDING OFFICER. Under the previous order, leadership time is
reserved.
____________________
CREDIT CARDHOLDERS' BILL OF RIGHTS ACT OF 2009
The PRESIDING OFFICER. The Senate will resume consideration of H.R.
627, which the clerk will report.
The bill clerk read as follows:
A bill (H.R. 627) to amend the Truth in Lending Act to
establish fair and transparent practices relating to the
extension of credit under an open end consumer credit plan,
and for other purposes.
Pending:
Dodd/Shelby amendment No. 1058, in the nature of a
substitute.
Landrieu modified amendment No. 1079 (to amendment No.
1058), to end abuse, promote disclosure, and provide
protections to small businesses that rely on credit cards.
Collins/Lieberman modified amendment No. 1107 (to amendment
No. 1058), to address stored value devices and cards.
Lincoln amendment No. 1126 (to amendment No. 1107), to
amend the Federal Deposit Insurance Act with respect to the
extension of certain limitations.
Amendment No. 1130 to Amendment No. 1058
The PRESIDING OFFICER. The Senator from Connecticut is recognized.
Mr. DODD. Madam President, I ask unanimous consent that the managers'
amendment, which is at the desk, be considered and agreed to and the
motion to reconsider be laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment (No. 1130) was agreed to.
Mr. DODD. Madam President, I ask that the previous order regarding
the cloture vote commence.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the clerk will report the motion to invoke cloture.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the Dodd-Shelby
substitute amendment No. 1058 to H.R. 627, the Credit
Cardholders' Bill of Rights Act of 2009.
Harry Reid, Christopher J. Dodd, Bill Nelson, Richard
Durbin, Debbie Stabenow, Patrick J. Leahy, Patty
Murray, Amy Klobuchar, Russell D. Feingold, Mark R.
Warner, Jon Tester, Mark Begich, Mark L. Pryor, Robert
P. Casey, Jr., Benjamin L. Cardin, Jack Reed, Sherrod
Brown.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call is waived.
The question is, Is it the sense of the Senate that debate on
amendment No. 1058, the Dodd-Shelby substitute to H.R. 627, the Credit
Cardholders' Bill of Rights, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Ohio (Mr. Brown), the
Senator from West Virginia (Mr. Byrd), the Senator from Massachusetts
(Mr. Kennedy), and the Senator from West Virginia (Mr. Rockefeller) are
necessarily absent.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Nevada (Mr. Ensign).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 92, nays 2, as follows:
[Rollcall Vote No. 193 Leg.]
YEAS--92
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brownback
Bunning
Burr
Burris
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--2
Kyl
Thune
NOT VOTING--5
Brown
Byrd
Ensign
Kennedy
Rockefeller
The PRESIDING OFFICER. On this vote, the yeas are 92, the nays are 2.
Three-fifths of the Senators duly chosen and sworn having voted in the
affirmative, the motion is agreed to.
Mr. DODD. Madam President, I move to reconsider the vote and to lay
that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. DODD. Madam President, I ask unanimous consent that it be in
order to make a point of order, en bloc, on the pending amendments.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. DODD. Madam President, I make a point of order, en bloc, that the
pending amendments are not germane postcloture.
The PRESIDING OFFICER. The point of order is well taken, and the
amendments fall.
deferred interest
Mr. SHELBY. Would the Senator from Connecticut yield to me for the
purpose of engaging in a colloquy?
Mr. DODD. Yes, I would be happy to yield.
Mr. SHELBY. A the Senator knows, credit card issuers often offer so-
called ``deferred interest'' programs for the benefit of cardholders.
To my knowledge, the legislation would not affect the ability to offer
these types of programs, is that the Senator's understanding?
Mr. DODD. That is my understanding.
Mr. SHELBY. I appreciate that. For purposes of clarifying the intent
of this legislation, I would like to ask an additional question. The
legislation includes provisions to prohibit a balance calculation
method known as ``two-cycle'' billing. This provision would have the
effect of prohibiting the card issuer from assessing interest on
balances from the immediately preceding billing cycle as a result of a
loss of a grace period. Is it the Senator's understanding that this
provision would not affect a credit card issuer's ability to offer
deferred interest programs?
Mr. DODD. That is my understanding. It is not the intent of this
provision to eliminate deferred interest programs that help consumers.
In fact, the payment allocation provisions in the legislation envision
the continued availability of such programs.
Mr. SHELBY. I thank the Senator.
Mr. LEAHY. Madam President, it is a mark of the difference between
the Senate's agenda last year and the new Senate's agenda this year
that we finally are able to debate and move toward a vote on the Credit
Card Accountability, Responsibility and Disclosure Act, which I
strongly support.
I thank and commend both Senator Dodd and Senator Shelby for their
hard work on this important legislation. The Banking Committee has
faced a number of extraordinary challenges this year--stabilizing our
financial institutions, rescuing our housing
[[Page 12831]]
market, rooting out bad actors in the financial system, and restoring
consumer confidence in our economy--and I applaud Chairman Dodd for the
initiative he has taken in tackling these issues and helping ordinary
Americans most affected by the current economic downturn.
Over the past 6 months, hundreds and hundreds of Vermonters have
contacted my office voicing concerns about deceptive practices by the
credit card industry. People have shared stories about credit card
companies raising interest rates arbitrarily, charging usurious fees,
and refusing to work cooperatively with their clients. Most troubling,
the biggest offenders appear to be large, national banks that gladly
accepted the mercy of taxpayer bailout money when they were in trouble
yet show little compassion now when their customers are struggling.
In today's economy, Americans need credit that is accessible,
affordable, and dependable. Unfortunately, our current credit card
system disadvantages many Americans and makes it harder for them to pay
off their debt. Credit card contracts have been growing increasingly
complicated, deceptively worded, and unfairly stacked against
consumers. The time is long overdue for more transparent and equitable
credit card practices--which I why I was an early cosponsor of this
bill and why I am very pleased that the Senate at last is able to move
forward in considering and voting on it.
This bill puts fairness and common sense back into the credit card
system by changing several unfair billing, marketing, and disclosure
practices. Among its many important provisions, the bill prohibits
interest charges on credit card debt that is paid on time; requires a
45-day notice of any fee or interest rate changes; prohibits interest
charges on credit card transaction fees such as late fees; prohibits
overlimit fees unless a consumer opts into the program; requires
enhanced disclosure to consumers regarding the consequences of making
only minimum payments; protects younger consumers from alluring and
usurious credit card offers; and requires promotional rates to last at
least 6 months.
I also am gratified that we now have a President who is taking
consumers' needs to heart and who has supported our efforts to move
this bill forward. These significant credit card reforms will protect
consumers from excessive penalties, ever-changing interest rates, and
complex contracts. So once again, I want to thank Chairman Dodd and
Ranking Member Shelby for bringing forward this important, bipartisan
legislation. I believe it will go a long way toward relieving
Vermonters who, like Americans everywhere, have had to endure the
dictates of credit card issuers when it comes to the onerous and unfair
terms in these contracts.
Ms. MIKULSKI. Madam President, I strongly support the Credit Card
Accountability, Responsibility, and Disclosure Act.
This legislation is about protecting American families. Credit card
companies have been pushing schemes and scams for years. This
legislation beefs up regulations and enforcement to help consumers
avoid them. And it makes it easier for families to pay down their bills
and get out of debt.
I support this legislation because heart and soul I am a regulator
and a reformer. Over and over, I have voted for more teeth and better
regulation because I believe government should be on the side of the
people. I was one of nine Senators to vote against the deregulation
that led to casino economics and caused the economic crisis we are
fighting to get through today. From tainted dog food to toxic
securities, we've seen the consequences of a lax regulatory culture and
wimpy enforcement, which is why I have fought against it at every turn.
We need to get back to basics. For too long we have let credit card
companies get away with schemes and scams. We relaxed the rules and
allowed the whales and the sharks to grow bigger and fiercer. I am on
the side of the minnows. We need to regulate the whales and the sharks.
We need to stop the scamming and the scheming.
American families are worried about their jobs. They are worried
about their health care. They are worried about their kids' school.
They shouldn't have to worry about unfair credit card practices.
People who saved for their retirement, those who've been faithful in
paying their mortgage, those who have worked hard to pay for college
are wondering, ``What is going on? The cost of groceries and health
care and energy are going up and my pay check, if I'm lucky enough to
still have one, is going down. Where's my bailout?''
No wonder my constituents are mad as hell. They have watched Wall
Street executives pay themselves lavish salaries. They have watched
them engage in irresponsible lending practices. They have watched them
do casino economics, gambling on risky investment mechanisms. And now
those same banks who are asking my constituents for a bailout with one
hand are raising interest rates for no reason, and charging exorbitant
fees with the other hand.
Well, my constituents are mad as hell and so am I. I want them to
know that I am on their side. I am fighting to get government back on
the side of the people who need it. We need to look out for the public
good, not private profits.
The banks on Wall Street have been busy in the past 10 years. At the
same time they were inventing new ways to make risky loans and engage
in casino economics, they were also figuring out how to get American
consumers in debt traps, and keep them there by raising interest rates,
charging fees, and marketing to consumers who didn't know any better.
They have been raising interest rates on consumers for no reason, and
applying the higher interest rates retroactively.
They have been charging fees without any legitimate purpose--and then
charging interest on top those unfair fees.
And they have been marketing their products to college students who
they knew couldn't afford the credit they were providing.
This has led to a massive unsustainable debt increase for too many
families. It has made it almost impossible for some to get out of debt
even though they have acted responsibly, and it's led to too many
students graduating college with thousands of dollars in credit card
debt but no steady paycheck.
This legislation says no more.
No more raising interest rates for no reason and with no
notification.
No more applying higher interest rates to balances that have already
been paid off.
No more unfair sky-high fees with no recourse for the consumer.
And no more targeting college kids to weigh them down with debt
before they even graduate.
These reforms will give families in debt the opportunity to get out,
it will lower monthly credit card bills, and it will help consumers
avoid the predatory debt traps that are the problem in the first place.
We need to fight for the middle class. We need to fight for the
people who play by the rules.
And we need a major attitude adjustment.
Congress is trying to stand up for the middle class, for our
constituents who are asking, ``Where is my bailout?''
But the banks and financial industry continue to stand in the way. We
have given them hundreds of billions in bailouts. But there is no sense
of gratitude. There is no sense of gratitude that the waitress, that
the single mother, that the farmer, that the firefighter is willing to
do their part. And there is no willingness to help out those who have
stepped up.
There is no gratitude, no remorse, no promise to sin no more, no
``let's make amends.'' Instead, they pay themselves lavish salaries,
bonuses and perks, like lavish spa retreats, and they fight tooth and
nail against our efforts to help the very people who are now paying
their salaries.
Wall Street is bankrupt--both on its balance sheets and in its
attitude towards the American consumer. I am proud to stand with
Chairman Dodd and Senator Shelby as we put government back on the side
of the people
[[Page 12832]]
who need it. These reforms have been a long time coming; I am proud to
stand in support of this bill today and urge my colleagues to vote in
favor of it as well.
Senator Levin's 11,000th Vote
Mr. REID. Madam President, in just a few minutes, one of our most
distinguished colleagues has marked another milestone. The senior
Senator from Michigan, Carl Levin, is going to shortly cast his
11,000th vote. How fitting that this landmark vote, like so many before
it, will be cast in favor of protecting American families, hard-working
American families.
We have all had the honor of serving with and getting to know Carl
Levin. I personally have known him for a long time. I first met him in
1985. What stands out more than any other time in the dealings I have
had with Senator Levin--and there have been lots of them--is the first
time I met with him, in his office in the Russell Building. I was over
there to talk about my running for the Senate. I had the good fortune
of working for a number of years with his brother, Sandy, in the House.
We came together to the House of Representatives.
At the beginning of the conversation, I said: Carl, I served with
your brother, Sandy. We came together. He is a wonderful man.
Carl Levin, sitting at his desk, looked up at me and said: Yes, he is
my brother, but he is also my best friend.
That is Carl Levin.
Before Senator Levin became one of our most brilliant legislators in
the history of this country, he was a brilliant lawyer and a law
professor. Senator Levin graduated from Detroit's public schools,
Swarthmore College, and Harvard Law School before embarking on a
remarkable career.
He has held many titles over the many years he has done public
service, but each shares a common theme--serving his community and his
country. He has been Michigan's assistant attorney general, the first
general counsel for the Michigan Civil Rights Commission, a founder and
leader in the Detroit Public Defender's Office, and president of the
Detroit City Council.
His attention to detail is second to none, and we all know that. As I
say, he is my Harvard nitpicker. He is such a great lawyer, has such a
great legal mind. I can remember times when I have not been able to be
here on the floor--Senator Daschle was the same way--and we had to call
Senator Levin to make sure there was nothing we missed because anytime
he puts his stamp of approval on something, it has been reviewed and
reviewed in his great mind. His leadership is just as strong. He has
been the top Democrat on the Senate Armed Services Committee since
1997. He has ably led that panel in both times of war and peace.
There are, of course, many important votes among those 11,000, but
the one most recently in my mind is he voted aye for the Wounded
Warrior Act, which he shepherded through the Senate in the face of veto
threats, to make sure our troops and our veterans get the care they
deserve on the battlefield and also when they come home. Off the Senate
floor, Carl Levin led a groundbreaking investigation into the Enron
collapse that opened America's eyes to the corporate abuses that hurt
so many hard-working Americans.
More than many Americans, those across Michigan face significant
struggles every day. If I lived in Detroit or Lansing or Grand Rapids,
there is no one I would rather have looking out for me and helping me
to get through this difficult time than Carl Levin. Carl Levin has
served Michigan in the Senate longer than anyone in Michigan's history.
Few would argue that anyone has done it with more passion and principle
and precision than Carl Levin--as he approaches every issue.
I know Senator Levin's wife Barbara. She is a wonderful partner of
Carl Levin. Also, for those Democrats, we know she can also sing.
Your wife Barbara is the best. We compliment you on raising such
wonderful children--Kate, Laura, and Erica. They, your five
grandchildren, and, of course, your best friend, Congressman Sander
Levin, join me in congratulating you on this latest accomplishment.
The PRESIDING OFFICER. The Republican leader is recognized.
Mr. McCONNELL. Madam President, I join my friend, the majority
leader, in recognizing our friend for his distinguished achievement. I
would say to my friend from Michigan, only 20 Senators in history have
cast more votes now than Carl Levin. But probably even fewer have been
as unassuming as the senior Senator from Michigan.
Over the years, he has impressed all his colleagues by his dogged
commitment to the people of Michigan, and in particular, to the
manufacturers and laborers in his home State. For many of us, he has
become the face of Michigan.
A product of the Detroit public school system, Senator Levin
graduated from Central High School in Detroit, Swarthmore College, and
Harvard Law School, before returning to Detroit to practice law.
He held a number of public offices in Detroit before becoming
president of the Detroit City Council. In 1978, he was elected to the
U.S. Senate in an upset victory over the incumbent Republican.
Four years later, Senator Levin was joined in Congress by his brother
and his best friend, Sander. Apparently, people still sometimes confuse
the two of them . . . so it is probably a good thing they get along so
well.
The people of Michigan have been happy with Senator Levin's work here
in the Senate: they have sent him back five times, including this past
November. His hometown paper calls him a principled leader and
personally above reproach.
We have seen Senator Levin's commitment to his State in a vivid way
over the past several months, as automakers have struggled to stay
afloat. We have seen him work with Members on both sides to help
automakers, and we've seen him outside the Capitol showing solidarity
with workers. He is committed to his State, and he shows it.
Senator Levin has fought hard for environmental causes. In 1990, he
authored the Great Lakes Critical Programs Act to create new standards
of environmental protection for the Great Lakes. He also helped win
passage of the Great Lakes Legacy Program to clean up contaminated
sediments.
Outside Michigan, most people probably associate Senator Levin with
his distinguished tenure on the Senate Armed Services Committee, where
he has earned a reputation as a strong supporter of our Nation's
service men and women. It was because of Senator Levin's work on this
committee that he received the Navy's highest award for a civilian a
few years ago for distinguished service to the Navy and Marine Corps.
(Applause.)
The PRESIDING OFFICER. The junior Senator form Michigan is
recognized.
Ms. STABENOW. Madam President, I also have to rise and thank my
friend and partner and senior Senator from Michigan on behalf of
everyone in Michigan. We could not be more proud of his work every day:
keeping us safe, supporting the troops, fighting for veterans, the work
he has done on the credit card bill that is in front of us. The fact
that he has been the champion for the auto industry and autoworkers and
workers across America as well as our State is something of which we
are very proud.
There is no one better. With a wonderful family--Barbara and the
girls and the grandkids. I am very proud to have the honor of
partnering with Senator Carl Levin.
Congratulations.
The PRESIDING OFFICER. The Senator from Michigan is recognized.
Mr. LEVIN. Madam President, first let me thank my dear friend, the
majority leader, for his extraordinarily generous, warmhearted
comments, and including my family. As he indicated, it is so important
to me.
I also thank Senator McConnell. Thank you so much for your gracious
comments, Senator McConnell, and to my dear colleague from Michigan,
Senator Stabenow.
The only thing more important to me than the 11,000 votes--which seem
to be
[[Page 12833]]
just like 30 years ago when it began--is the friendships that have
formed here, the hundreds of friendships that far surpassed the 11,000
votes. I thank all of my colleagues for their friendship.
I can't think of a better vote to cast for this 11,000th vote than a
vote on the bill shepherded through by my friend Chris Dodd. To me,
this vote has tremendous meaning--not only for the work that has gone
into it in our subcommittee over the years, but to be connected with a
Dodd-Shelby vote, and Senator Dodd's incredible effort to get this
passed, makes this a special treat.
Thank you all very much.
(Applause, Senators rising.)
The PRESIDING OFFICER. Under the previous order, the substitute
amendment, as amended, is agreed to.
The question is on the engrossment of the amendment and third reading
of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
Mr. DODD. Madam President, I will reserve my remarks until after the
vote. I know my colleagues want to vote. I thank my colleagues--Senator
Shelby, the leadership--for bringing us to this moment. This is a very
important bill. We would not have gotten here without a tremendous
amount of cooperation. This is a good moment for all the people in our
country and a good moment for consumers.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The question is, Shall the bill pass?
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from West Virginia (Mr.
Byrd), the Senator from Massachusetts (Mr. Kennedy), and the Senator
from West Virginia (Mr. Rockefeller) are necessarily absent.
I further announce that, if present and voting, the Senator from West
Virginia (Mr. Rockefeller) would vote ``yea.''
Mr. KYL. The following Senator is necessarily absent: the Senator
from Nevada (Mr. Ensign).
The PRESIDING OFFICER (Mr. Reed). Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 90, nays 5, as follows:
[Rollcall Vote No. 194 Leg.]
YEAS--90
Akaka
Barrasso
Baucus
Bayh
Begich
Bennet
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Burris
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--5
Alexander
Bennett
Johnson
Kyl
Thune
NOT VOTING--4
Byrd
Ensign
Kennedy
Rockefeller
The bill (H.R. 627), as amended, was passed, as follows:
H.R. 627
Resolved, That the bill from the House of Representatives
(H.R. 627) entitled ``An Act to amend the Truth in Lending
Act to establish fair and transparent practices relating to
the extension of credit under an open end consumer credit
plan, and for other purposes.'', do pass with the following
amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Credit
Card Accountability Responsibility and Disclosure Act of
2009'' or the ``Credit CARD Act of 2009''.
(b) Table of Contents.--
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Regulatory authority.
Sec. 3. Effective date.
TITLE I--CONSUMER PROTECTION
Sec. 101. Protection of credit cardholders.
Sec. 102. Limits on fees and interest charges.
Sec. 103. Use of terms clarified.
Sec. 104. Application of card payments.
Sec. 105. Standards applicable to initial issuance of subprime or ``fee
harvester'' cards.
Sec. 106. Rules regarding periodic statements.
Sec. 107. Enhanced penalties.
Sec. 108. Clerical amendments.
Sec. 109. Consideration of Ability to repay.
TITLE II--ENHANCED CONSUMER DISCLOSURES
Sec. 201. Payoff timing disclosures.
Sec. 202. Requirements relating to late payment deadlines and
penalties.
Sec. 203. Renewal disclosures.
Sec. 204. Internet posting of credit card agreements.
Sec. 205. Prevention of deceptive marketing of credit reports.
TITLE III--PROTECTION OF YOUNG CONSUMERS
Sec. 301. Extensions of credit to underage consumers.
Sec. 302. Protection of young consumers from prescreened credit offers.
Sec. 303. Issuance of credit cards to certain college students.
Sec. 304. Privacy Protections for college students.
Sec. 305. College Credit Card Agreements.
TITLE IV--GIFT CARDS
Sec. 401. General-use prepaid cards, gift certificates, and store gift
cards.
Sec. 402. Relation to State laws.
Sec. 403. Effective date.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Study and report on interchange fees.
Sec. 502. Board review of consumer credit plans and regulations.
Sec. 503. Stored value.
Sec. 504 Procedure for timely settlement of estates of decedent
obligors.
Sec. 505. Report to Congress on reductions of consumer credit card
limits based on certain information as to experience or
transactions of the consumer.
Sec. 506. Board review of small business credit plans and
recommendations.
Sec. 507. Small business information security task force.
Sec. 508. Study and report on emergency pin technology.
Sec. 509. Study and report on the marketing of products with credit
offers.
Sec. 510. Financial and economic literacy.
Sec. 511. Federal trade commission rulemaking on mortgage lending.
Sec. 512. Protecting Americans from violent crime.
Sec. 513. GAO study and report on fluency in the English language and
financial literacy.
SEC. 2. REGULATORY AUTHORITY.
The Board of Governors of the Federal Reserve System (in
this Act referred to as the ``Board'') may issue such rules
and publish such model forms as it considers necessary to
carry out this Act and the amendments made by this Act.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become
effective 9 months after the date of enactment of this Act,
except as otherwise specifically provided in this Act.
TITLE I--CONSUMER PROTECTION
SEC. 101. PROTECTION OF CREDIT CARDHOLDERS.
(a) Advance Notice of Rate Increase and Other Changes
Required.--
(1) Amendment to tila.--Section 127 of the Truth in Lending
Act (15 U.S.C. 1637) is amended by adding at the end the
following:
``(i) Advance Notice of Rate Increase and Other Changes
Required.--
``(1) Advance notice of increase in interest rate
required.--In the case of any credit card account under an
open end consumer credit plan, a creditor shall provide a
written notice of an increase in an annual percentage rate
(except in the case of an increase described in paragraph
(1), (2), or (3) of section 171(b)) not later than 45 days
prior to the effective date of the increase.
``(2) Advance notice of other significant changes
required.--In the case of any credit card account under an
open end consumer credit plan, a creditor shall provide a
written notice of any significant change, as determined by
rule of the Board, in the terms (including an increase in any
fee or finance charge, other than as provided in paragraph
(1)) of the cardholder agreement between the creditor and the
obligor, not later than 45 days prior to the effective date
of the change.
``(3) Notice of right to cancel.--Each notice required by
paragraph (1) or (2) shall be made in a clear and conspicuous
manner, and shall contain a brief statement of the right of
the obligor to cancel the account pursuant to rules
established by the Board before the effective date of the
subject rate increase or other change.
[[Page 12834]]
``(4) Rule of construction.--Closure or cancellation of an
account by the obligor shall not constitute a default under
an existing cardholder agreement, and shall not trigger an
obligation to immediately repay the obligation in full or
through a method that is less beneficial to the obligor than
one of the methods described in section 171(c)(2), or the
imposition of any other penalty or fee.''.
(2) Effective date.--Notwithstanding section 3, section
127(i) of the Truth in Lending Act, as added by this
subsection, shall become effective 90 days after the date of
enactment of this Act.
(b) Retroactive Increase and Universal Default
Prohibited.--Chapter 4 of the Truth in Lending Act (15 U.S.C.
1666 et seq.) is amended--
(1) by redesignating section 171 as section 173; and
(2) by inserting after section 170 the following:
``SEC. 171. LIMITS ON INTEREST RATE, FEE, AND FINANCE CHARGE
INCREASES APPLICABLE TO OUTSTANDING BALANCES.
``(a) In General.--In the case of any credit card account
under an open end consumer credit plan, no creditor may
increase any annual percentage rate, fee, or finance charge
applicable to any outstanding balance, except as permitted
under subsection (b).
``(b) Exceptions.--The prohibition under subsection (a)
shall not apply to--
``(1) an increase in an annual percentage rate upon the
expiration of a specified period of time, provided that--
``(A) prior to commencement of that period, the creditor
disclosed to the consumer, in a clear and conspicuous manner,
the length of the period and the annual percentage rate that
would apply after expiration of the period;
``(B) the increased annual percentage rate does not exceed
the rate disclosed pursuant to subparagraph (A); and
``(C) the increased annual percentage rate is not applied
to transactions that occurred prior to commencement of the
period;
``(2) an increase in a variable annual percentage rate in
accordance with a credit card agreement that provides for
changes in the rate according to operation of an index that
is not under the control of the creditor and is available to
the general public;
``(3) an increase due to the completion of a workout or
temporary hardship arrangement by the obligor or the failure
of the obligor to comply with the terms of a workout or
temporary hardship arrangement, provided that--
``(A) the annual percentage rate, fee, or finance charge
applicable to a category of transactions following any such
increase does not exceed the rate, fee, or finance charge
that applied to that category of transactions prior to
commencement of the arrangement; and
``(B) the creditor has provided the obligor, prior to the
commencement of such arrangement, with clear and conspicuous
disclosure of the terms of the arrangement (including any
increases due to such completion or failure); or
``(4) an increase due solely to the fact that a minimum
payment by the obligor has not been received by the creditor
within 60 days after the due date for such payment, provided
that the creditor shall--
``(A) include, together with the notice of such increase
required under section 127(i), a clear and conspicuous
written statement of the reason for the increase and that the
increase will terminate not later than 6 months after the
date on which it is imposed, if the creditor receives the
required minimum payments on time from the obligor during
that period; and
``(B) terminate such increase not later than 6 months after
the date on which it is imposed, if the creditor receives the
required minimum payments on time during that period.
``(c) Repayment of Outstanding Balance.--
``(1) In general.--The creditor shall not change the terms
governing the repayment of any outstanding balance, except
that the creditor may provide the obligor with one of the
methods described in paragraph (2) of repaying any
outstanding balance, or a method that is no less beneficial
to the obligor than one of those methods.
``(2) Methods.--The methods described in this paragraph
are--
``(A) an amortization period of not less than 5 years,
beginning on the effective date of the increase set forth in
the notice required under section 127(i); or
``(B) a required minimum periodic payment that includes a
percentage of the outstanding balance that is equal to not
more than twice the percentage required before the effective
date of the increase set forth in the notice required under
section 127(i).
``(d) Outstanding Balance Defined.--For purposes of this
section, the term `outstanding balance' means the amount owed
on a credit card account under an open end consumer credit
plan as of the end of the 14th day after the date on which
the creditor provides notice of an increase in the annual
percentage rate, fee, or finance charge in accordance with
section 127(i).''.
(c) Interest Rate Reduction on Open End Consumer Credit
Plans.--Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661
et seq.) is amended by adding at the end the following:
``SEC. 148. INTEREST RATE REDUCTION ON OPEN END CONSUMER
CREDIT PLANS.
``(a) In General.--If a creditor increases the annual
percentage rate applicable to a credit card account under an
open end consumer credit plan, based on factors including the
credit risk of the obligor, market conditions, or other
factors, the creditor shall consider changes in such factors
in subsequently determining whether to reduce the annual
percentage rate for such obligor.
``(b) Requirements.--With respect to any credit card
account under an open end consumer credit plan, the creditor
shall--
``(1) maintain reasonable methodologies for assessing the
factors described in subsection (a);
``(2) not less frequently than once every 6 months, review
accounts as to which the annual percentage rate has been
increased since January 1, 2009, to assess whether such
factors have changed (including whether any risk has
declined);
``(3) reduce the annual percentage rate previously
increased when a reduction is indicated by the review; and
``(4) in the event of an increase in the annual percentage
rate, provide in the written notice required under section
127(i) a statement of the reasons for the increase.
``(c) Rule of Construction.--This section shall not be
construed to require a reduction in any specific amount.
``(d) Rulemaking.--The Board shall issue final rules not
later than 9 months after the date of enactment of this
section to implement the requirements of and evaluate
compliance with this section, and subsections (a), (b), and
(c) shall become effective 15 months after that date of
enactment.''.
(d) Introductory and Promotional Rates.--Chapter 4 of the
Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by
inserting after section 171, as amended by this Act, the
following:
``SEC. 172. ADDITIONAL LIMITS ON INTEREST RATE INCREASES.
``(a) Limitation on Increases Within First Year.--Except in
the case of an increase described in paragraph (1), (2), (3),
or (4) of section 171(b), no increase in any annual
percentage rate, fee, or finance charge on any credit card
account under an open end consumer credit plan shall be
effective before the end of the 1-year period beginning on
the date on which the account is opened.
``(b) Promotional Rate Minimum Term.--No increase in any
annual percentage rate applicable to a credit card account
under an open end consumer credit plan that is a promotional
rate (as that term is defined by the Board) shall be
effective before the end of the 6-month period beginning on
the date on which the promotional rate takes effect, subject
to such reasonable exceptions as the Board may establish, by
rule.''.
(e) Clerical Amendment.--The table of sections for chapter
4 of the Truth in Lending Act is amended by striking the item
relating to section 171 and inserting the following:
``171. Limits on interest rate, fee, and finance charge increases
applicable to outstanding balances.
``172. Additional limits on interest rate increases.
``173. Applicability of State laws.''.
SEC. 102. LIMITS ON FEES AND INTEREST CHARGES.
(a) In General.--Section 127 of the Truth in Lending Act
(15 U.S.C. 1637) is amended by adding at the end the
following:
``(j) Prohibition on Penalties for On-Time Payments.--
``(1) Prohibition on double-cycle billing and penalties for
on-time payments.--Except as provided in paragraph (2), a
creditor may not impose any finance charge on a credit card
account under an open end consumer credit plan as a result of
the loss of any time period provided by the creditor within
which the obligor may repay any portion of the credit
extended without incurring a finance charge, with respect
to--
``(A) any balances for days in billing cycles that precede
the most recent billing cycle; or
``(B) any balances or portions thereof in the current
billing cycle that were repaid within such time period.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) any adjustment to a finance charge as a result of the
resolution of a dispute; or
``(B) any adjustment to a finance charge as a result of the
return of a payment for insufficient funds.
``(k) Opt-in Required for Over-the-Limit Transactions if
Fees Are Imposed.--
``(1) In general.--In the case of any credit card account
under an open end consumer credit plan under which an over-
the-limit fee may be imposed by the creditor for any
extension of credit in excess of the amount of credit
authorized to be extended under such account, no such fee
shall be charged, unless the consumer has expressly elected
to permit the creditor, with respect to such account, to
complete transactions involving the extension of credit under
such account in excess of the amount of credit authorized.
``(2) Disclosure by creditor.--No election by a consumer
under paragraph (1) shall take effect unless the consumer,
before making such election, received a notice from the
creditor of any over-the-limit fee in the form and manner,
and at the time, determined by the Board. If the consumer
makes the election referred to in paragraph (1), the creditor
shall provide notice to the consumer of the right to revoke
the election, in the form prescribed by the Board, in any
periodic statement that includes notice of the imposition of
an over-the-limit fee during the period covered by the
statement.
``(3) Form of election.--A consumer may make or revoke the
election referred to in paragraph (1) orally, electronically,
or in writing, pursuant to regulations prescribed by the
[[Page 12835]]
Board. The Board shall prescribe regulations to ensure that
the same options are available for both making and revoking
such election.
``(4) Time of election.--A consumer may make the election
referred to in paragraph (1) at any time, and such election
shall be effective until the election is revoked in the
manner prescribed under paragraph (3).
``(5) Regulations.--The Board shall prescribe regulations--
``(A) governing disclosures under this subsection; and
``(B) that prevent unfair or deceptive acts or practices in
connection with the manipulation of credit limits designed to
increase over-the-limit fees or other penalty fees.
``(6) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a creditor from completing an
over-the-limit transaction, provided that a consumer who has
not made a valid election under paragraph (1) is not charged
an over-the-limit fee for such transaction.
``(7) Restriction on fees charged for an over-the-limit
transaction.--With respect to a credit card account under an
open end consumer credit plan, an over-the-limit fee may be
imposed only once during a billing cycle if the credit limit
on the account is exceeded, and an over-the-limit fee, with
respect to such excess credit, may be imposed only once in
each of the 2 subsequent billing cycles, unless the consumer
has obtained an additional extension of credit in excess of
such credit limit during any such subsequent cycle or the
consumer reduces the outstanding balance below the credit
limit as of the end of such billing cycle.
``(l) Limit on Fees Related to Method of Payment.--With
respect to a credit card account under an open end consumer
credit plan, the creditor may not impose a separate fee to
allow the obligor to repay an extension of credit or finance
charge, whether such repayment is made by mail, electronic
transfer, telephone authorization, or other means, unless
such payment involves an expedited service by a service
representative of the creditor.''.
(b) Reasonable Penalty Fees.--
(1) In general.--Chapter 3 of the Truth in Lending Act (15
U.S.C. 1661 et seq.), as amended by this Act, is amended by
adding at the end the following:
``SEC. 149. REASONABLE PENALTY FEES ON OPEN END CONSUMER
CREDIT PLANS.
``(a) In General.--The amount of any penalty fee or charge
that a card issuer may impose with respect to a credit card
account under an open end consumer credit plan in connection
with any omission with respect to, or violation of, the
cardholder agreement, including any late payment fee, over-
the-limit fee, or any other penalty fee or charge, shall be
reasonable and proportional to such omission or violation.
``(b) Rulemaking Required.--The Board, in consultation with
the Comptroller of the Currency, the Board of Directors of
the Federal Deposit Insurance Corporation, the Director of
the Office of Thrift Supervision, and the National Credit
Union Administration Board, shall issue final rules not later
than 9 months after the date of enactment of this section, to
establish standards for assessing whether the amount of any
penalty fee or charge described under subsection (a) is
reasonable and proportional to the omission or violation to
which the fee or charge relates. Subsection (a) shall become
effective 15 months after the date of enactment of this
section.
``(c) Considerations.--In issuing rules required by this
section, the Board shall consider--
``(1) the cost incurred by the creditor from such omission
or violation;
``(2) the deterrence of such omission or violation by the
cardholder;
``(3) the conduct of the cardholder; and
``(4) such other factors as the Board may deem necessary or
appropriate.
``(d) Differentiation Permitted.--In issuing rules required
by this subsection, the Board may establish different
standards for different types of fees and charges, as
appropriate.
``(e) Safe Harbor Rule Authorized.--The Board, in
consultation with the Comptroller of the Currency, the Board
of Directors of the Federal Deposit Insurance Corporation,
the Director of the Office of Thrift Supervision, and the
National Credit Union Administration Board, may issue rules
to provide an amount for any penalty fee or charge described
under subsection (a) that is presumed to be reasonable and
proportional to the omission or violation to which the fee or
charge relates.''.
(2) Clerical amendments.--Chapter 3 of the Truth in Lending
Act (15 U.S.C. 1661 et seq.) is amended--
(A) in the chapter heading, by inserting ``AND LIMITS ON
CREDIT CARD FEES'' after ``ADVERTISING''; and
(B) in the table of sections for the chapter, by adding at
the end the following:
``148. Interest rate reduction on open end consumer credit plans.
``149. Reasonable penalty fees on open end consumer credit plans.''.
SEC. 103. USE OF TERMS CLARIFIED.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is
amended by adding at the end the following:
``(m) Use of Term `Fixed Rate'.--With respect to the terms
of any credit card account under an open end consumer credit
plan, the term `fixed', when appearing in conjunction with a
reference to the annual percentage rate or interest rate
applicable with respect to such account, may only be used to
refer to an annual percentage rate or interest rate that will
not change or vary for any reason over the period specified
clearly and conspicuously in the terms of the account.''.
SEC. 104. APPLICATION OF CARD PAYMENTS.
Section 164 of the Truth in Lending Act (15 U.S.C. 1666c)
is amended--
(1) by striking the section heading and all that follows
through ``Payments'' and inserting the following:
``Sec. 164. Prompt and fair crediting of payments
``(a) In General.--Payments'';
(2) by inserting ``, by 5:00 p.m. on the date on which such
payment is due,'' after ``in readily identifiable form'';
(3) by striking ``manner, location, and time'' and
inserting ``manner, and location''; and
(4) by adding at the end the following:
``(b) Application of Payments.--
``(1) In general.--Upon receipt of a payment from a
cardholder, the card issuer shall apply amounts in excess of
the minimum payment amount first to the card balance bearing
the highest rate of interest, and then to each successive
balance bearing the next highest rate of interest, until the
payment is exhausted.
``(2) Clarification relating to certain deferred interest
arrangements.--A creditor shall allocate the entire amount
paid by the consumer in excess of the minimum payment amount
to a balance on which interest is deferred during the last 2
billing cycles immediately preceding the expiration of the
period during which interest is deferred.
``(c) Changes by Card Issuer.--If a card issuer makes a
material change in the mailing address, office, or procedures
for handling cardholder payments, and such change causes a
material delay in the crediting of a cardholder payment made
during the 60-day period following the date on which such
change took effect, the card issuer may not impose any late
fee or finance charge for a late payment on the credit card
account to which such payment was credited.''.
SEC. 105. STANDARDS APPLICABLE TO INITIAL ISSUANCE OF
SUBPRIME OR ``FEE HARVESTER'' CARDS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637),
as amended by this Act, is amended by adding at the end the
following new subsection:
``(n) Standards Applicable to Initial Issuance of Subprime
or `Fee Harvester' Cards.--
``(1) In general.--If the terms of a credit card account
under an open end consumer credit plan require the payment of
any fees (other than any late fee, over-the-limit fee, or fee
for a payment returned for insufficient funds) by the
consumer in the first year during which the account is opened
in an aggregate amount in excess of 25 percent of the total
amount of credit authorized under the account when the
account is opened, no payment of any fees (other than any
late fee, over-the-limit fee, or fee for a payment returned
for insufficient funds) may be made from the credit made
available under the terms of the account.
``(2) Rule of construction.--No provision of this
subsection may be construed as authorizing any imposition or
payment of advance fees otherwise prohibited by any provision
of law.''.
SEC. 106. RULES REGARDING PERIODIC STATEMENTS.
(a) In General.--Section 127 of the Truth in Lending Act
(15 U.S.C. 1637) is amended by adding at the end the
following:
``(o) Due Dates for Credit Card Accounts.--
``(1) In general.--The payment due date for a credit card
account under an open end consumer credit plan shall be the
same day each month.
``(2) Weekend or holiday due dates.--If the payment due
date for a credit card account under an open end consumer
credit plan is a day on which the creditor does not receive
or accept payments by mail (including weekends and holidays),
the creditor may not treat a payment received on the next
business day as late for any purpose.''.
(b) Length of Billing Period.--
(1) In general.--Section 163 of the Truth in Lending Act
(15 U.S.C. 1666b) is amended to read as follows:
``SEC. 163. TIMING OF PAYMENTS.
``(a) Time To Make Payments.--A creditor may not treat a
payment on an open end consumer credit plan as late for any
purpose, unless the creditor has adopted reasonable
procedures designed to ensure that each periodic statement
including the information required by section 127(b) is
mailed or delivered to the consumer not later than 21 days
before the payment due date.
``(b) Grace Period.--If an open end consumer credit plan
provides a time period within which an obligor may repay any
portion of the credit extended without incurring an
additional finance charge, such additional finance charge may
not be imposed with respect to such portion of the credit
extended for the billing cycle of which such period is a
part, unless a statement which includes the amount upon which
the finance charge for the period is based was mailed or
delivered to the consumer not later than 21 days before the
date specified in the statement by which payment must be made
in order to avoid imposition of that finance charge.''.
(2) Effective date.--Notwithstanding section 3, section 163
of the Truth in Lending Act, as amended by this subsection,
shall become effective 90 days after the date of enactment of
this Act.
(c) Clerical Amendments.--The table of sections for chapter
4 of the Truth in Lending Act is amended--
[[Page 12836]]
(1) by striking the item relating to section 163 and
inserting the following:
``163. Timing of payments.''; and
(2) by striking the item relating to section 171 and
inserting the following:
``171. Universal defaults prohibited.
``172. Unilateral changes in credit card agreement prohibited.
``173. Applicability of State laws.''.
SEC. 107. ENHANCED PENALTIES.
Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C.
1640(a)(2)(A)) is amended by striking ``or (iii) in the'' and
inserting the following: ``(iii) in the case of an individual
action relating to an open end consumer credit plan that is
not secured by real property or a dwelling, twice the amount
of any finance charge in connection with the transaction,
with a minimum of $500 and a maximum of $5,000, or such
higher amount as may be appropriate in the case of an
established pattern or practice of such failures; or (iv) in
the''.
SEC. 108. CLERICAL AMENDMENTS.
Section 103(i) of the Truth in Lending Act (15 U.S.C.
1602(i)) is amended--
(1) by striking ``term'' and all that follows through
``means'' and inserting the following: ``terms `open end
credit plan' and `open end consumer credit plan' mean''; and
(2) in the second sentence, by inserting ``or open end
consumer credit plan'' after ``credit plan'' each place that
term appears.
SEC. 109. CONSIDERATION OF ABILITY TO REPAY.
(a) In General.--Chapter 3 of the Truth in Lending Act (15
U.S.C. 1666 et seq.), as amended by this title, is amended by
adding at the end the following:
``SEC. 150. CONSIDERATION OF ABILITY TO REPAY.
``A card issuer may not open any credit card account for
any consumer under an open end consumer credit plan, or
increase any credit limit applicable to such account, unless
the card issuer considers the ability of the consumer to make
the required payments under the terms of such account.''.
(b) Clerical Amendment.--Chapter 3 of the Truth in Lending
Act (15 U.S.C. 1661 et seq.) is amended in the table of
sections for the chapter, by adding at the end the following:
``150. Consideration of ability to repay.''.
TITLE II--ENHANCED CONSUMER DISCLOSURES
SEC. 201. PAYOFF TIMING DISCLOSURES.
(a) In General.--Section 127(b)(11) of the Truth in Lending
Act (15 U.S.C. 1637(b)(11)) is amended to read as follows:
``(11)(A) A written statement in the following form:
`Minimum Payment Warning: Making only the minimum payment
will increase the amount of interest you pay and the time it
takes to repay your balance.', or such similar statement as
is established by the Board pursuant to consumer testing.
``(B) Repayment information that would apply to the
outstanding balance of the consumer under the credit plan,
including--
``(i) the number of months (rounded to the nearest month)
that it would take to pay the entire amount of that balance,
if the consumer pays only the required minimum monthly
payments and if no further advances are made;
``(ii) the total cost to the consumer, including interest
and principal payments, of paying that balance in full, if
the consumer pays only the required minimum monthly payments
and if no further advances are made;
``(iii) the monthly payment amount that would be required
for the consumer to eliminate the outstanding balance in 36
months, if no further advances are made, and the total cost
to the consumer, including interest and principal payments,
of paying that balance in full if the consumer pays the
balance over 36 months; and
``(iv) a toll-free telephone number at which the consumer
may receive information about accessing credit counseling and
debt management services.
``(C)(i) Subject to clause (ii), in making the disclosures
under subparagraph (B), the creditor shall apply the interest
rate or rates in effect on the date on which the disclosure
is made until the date on which the balance would be paid in
full.
``(ii) If the interest rate in effect on the date on which
the disclosure is made is a temporary rate that will change
under a contractual provision applying an index or formula
for subsequent interest rate adjustment, the creditor shall
apply the interest rate in effect on the date on which the
disclosure is made for as long as that interest rate will
apply under that contractual provision, and then apply an
interest rate based on the index or formula in effect on the
applicable billing date.
``(D) All of the information described in subparagraph (B)
shall--
``(i) be disclosed in the form and manner which the Board
shall prescribe, by regulation, and in a manner that avoids
duplication; and
``(ii) be placed in a conspicuous and prominent location on
the billing statement.
``(E) In the regulations prescribed under subparagraph (D),
the Board shall require that the disclosure of such
information shall be in the form of a table that--
``(i) contains clear and concise headings for each item of
such information; and
``(ii) provides a clear and concise form stating each item
of information required to be disclosed under each such
heading.
``(F) In prescribing the form of the table under
subparagraph (E), the Board shall require that--
``(i) all of the information in the table, and not just a
reference to the table, be placed on the billing statement,
as required by this paragraph; and
``(ii) the items required to be included in the table shall
be listed in the order in which such items are set forth in
subparagraph (B).
``(G) In prescribing the form of the table under
subparagraph (D), the Board shall employ terminology which is
different than the terminology which is employed in
subparagraph (B), if such terminology is more easily
understood and conveys substantially the same meaning.''.
(b) Civil Liability.--Section 130(a) of the Truth in
Lending Act (15 U.S.C. 1640(a)) is amended, in the
undesignated paragraph following paragraph (4), by striking
the second sentence and inserting the following: ``In
connection with the disclosures referred to in subsections
(a) and (b) of section 127, a creditor shall have a liability
determined under paragraph (2) only for failing to comply
with the requirements of section 125, 127(a), or any of
paragraphs (4) through (13) of section 127(b), or for failing
to comply with disclosure requirements under State law for
any term or item that the Board has determined to be
substantially the same in meaning under section 111(a)(2) as
any of the terms or items referred to in section 127(a), or
any of paragraphs (4) through (13) of section 127(b).''.
(c) Guidelines Required.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Board shall issue guidelines, by
rule, in consultation with the Secretary of the Treasury, for
the establishment and maintenance by creditors of a toll-free
telephone number for purposes of providing information about
accessing credit counseling and debt management services, as
required under section 127(b)(11)(B)(iv) of the Truth in
Lending Act, as added by this section.
(2) Approved agencies.--Guidelines issued under this
subsection shall ensure that referrals provided by the toll-
free number referred to in paragraph (1) include only those
nonprofit budget and credit counseling agencies approved by a
United States bankruptcy trustee pursuant to section 111(a)
of title 11, United States Code.
SEC. 202. REQUIREMENTS RELATING TO LATE PAYMENT DEADLINES AND
PENALTIES.
Section 127(b)(12) of the Truth in Lending Act (15 U.S.C.
1637(b)(12)) is amended to read as follows:
``(12) Requirements relating to late payment deadlines and
penalties.--
``(A) Late payment deadline required to be disclosed.--In
the case of a credit card account under an open end consumer
credit plan under which a late fee or charge may be imposed
due to the failure of the obligor to make payment on or
before the due date for such payment, the periodic statement
required under subsection (b) with respect to the account
shall include, in a conspicuous location on the billing
statement, the date on which the payment is due or, if
different, the date on which a late payment fee will be
charged, together with the amount of the fee or charge to be
imposed if payment is made after that date.
``(B) Disclosure of increase in interest rates for late
payments.--If 1 or more late payments under an open end
consumer credit plan may result in an increase in the annual
percentage rate applicable to the account, the statement
required under subsection (b) with respect to the account
shall include conspicuous notice of such fact, together with
the applicable penalty annual percentage rate, in close
proximity to the disclosure required under subparagraph (A)
of the date on which payment is due under the terms of the
account.
``(C) Payments at local branches.--If the creditor, in the
case of a credit card account referred to in subparagraph
(A), is a financial institution which maintains branches or
offices at which payments on any such account are accepted
from the obligor in person, the date on which the obligor
makes a payment on the account at such branch or office shall
be considered to be the date on which the payment is made for
purposes of determining whether a late fee or charge may be
imposed due to the failure of the obligor to make payment on
or before the due date for such payment.''.
SEC. 203. RENEWAL DISCLOSURES.
Section 127(d) of the Truth in Lending Act (15 U.S.C.
1637(d)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (3) as paragraph (2); and
(3) in paragraph (1), by striking ``Except as provided in
paragraph (2), a card issuer'' and inserting the following:
``A card issuer that has changed or amended any term of the
account since the last renewal that has not been previously
disclosed or''.
SEC. 204. INTERNET POSTING OF CREDIT CARD AGREEMENTS.
(a) In General.--Section 122 of the Truth and Lending Act
(15 U.S.C. 1632) is amended by adding at the end the
following new subsection:
``(d) Additional Electronic Disclosures.--
``(1) Posting agreements.--Each creditor shall establish
and maintain an Internet site on which the creditor shall
post the written agreement between the creditor and the
consumer for each credit card account under an open-end
consumer credit plan.
``(2) Creditor to provide contracts to the board.--Each
creditor shall provide to the Board, in electronic format,
the consumer credit card agreements that it publishes on its
Internet site.
``(3) Record repository.--The Board shall establish and
maintain on its publicly available
[[Page 12837]]
Internet site a central repository of the consumer credit
card agreements received from creditors pursuant to this
subsection, and such agreements shall be easily accessible
and retrievable by the public.
``(4) Exception.--This subsection shall not apply to
individually negotiated changes to contractual terms, such as
individually modified workouts or renegotiations of amounts
owed by a consumer under an open end consumer credit plan.
``(5) Regulations.--The Board, in consultation with the
other Federal banking agencies (as that term is defined in
section 603) and the Federal Trade Commission, may promulgate
regulations to implement this subsection, including
specifying the format for posting the agreements on the
Internet sites of creditors and establishing exceptions to
paragraphs (1) and (2), in any case in which the
administrative burden outweighs the benefit of increased
transparency, such as where a credit card plan has a de
minimis number of consumer account holders.''.
SEC. 205. PREVENTION OF DECEPTIVE MARKETING OF CREDIT
REPORTS.
(a) Preventing Deceptive Marketing.--Section 612 of the
Fair Credit Reporting Act (15 U.S.C. 1681j) is amended by
adding at the end the following:
``(g) Prevention of Deceptive Marketing of Credit
Reports.--
``(1) In general.--Subject to rulemaking pursuant to
section 205(b) of the Credit CARD Act of 2009, any
advertisement for a free credit report in any medium shall
prominently disclose in such advertisement that free credit
reports are available under Federal law at:
`AnnualCreditReport.com' (or such other source as may be
authorized under Federal law).
``(2) Television and radio advertisement.--In the case of
an advertisement broadcast by television, the disclosures
required under paragraph (1) shall be included in the audio
and visual part of such advertisement. In the case of an
advertisement broadcast by televison or radio, the disclosure
required under paragraph (1) shall consist only of the
following: `This is not the free credit report provided for
by Federal law'.''.
(b) Rulemaking.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Federal Trade Commission shall
issue a final rule to carry out this section.
(2) Content.--The rule required by this subsection--
(A) shall include specific wording to be used in
advertisements in accordance with this section; and
(B) for advertisements on the Internet, shall include
whether the disclosure required under section 612(g)(1) of
the Fair Credit Reporting Act (as added by this section)
shall appear on the advertisement or the website on which the
free credit report is made available.
(3) Interim disclosures.--If an advertisement subject to
section 612(g) of the Fair Credit Reporting Act, as added by
this section, is made public after the 9-month deadline
specified in paragraph (1), but before the rule required by
paragraph (1) is finalized, such advertisement shall include
the disclosure: ``Free credit reports are available under
Federal law at: `AnnualCreditReport.com'.''.
TITLE III--PROTECTION OF YOUNG CONSUMERS
SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS.
Section 127(c) of the Truth in Lending Act (15 U.S.C.
1637(c)) is amended by adding at the end the following:
``(8) Applications from underage consumers.--
``(A) Prohibition on issuance.--No credit card may be
issued to, or open end consumer credit plan established by or
on behalf of, a consumer who has not attained the age of 21,
unless the consumer has submitted a written application to
the card issuer that meets the requirements of subparagraph
(B).
``(B) Application requirements.--An application to open a
credit card account by a consumer who has not attained the
age of 21 as of the date of submission of the application
shall require--
``(i) the signature of a cosigner, including the parent,
legal guardian, spouse, or any other individual who has
attained the age of 21 having a means to repay debts incurred
by the consumer in connection with the account, indicating
joint liability for debts incurred by the consumer in
connection with the account before the consumer has attained
the age of 21; or
``(ii) submission by the consumer of financial information,
including through an application, indicating an independent
means of repaying any obligation arising from the proposed
extension of credit in connection with the account.
``(C) Safe harbor.--The Board shall promulgate regulations
providing standards that, if met, would satisfy the
requirements of subparagraph (B)(ii).''.
SEC. 302. PROTECTION OF YOUNG CONSUMERS FROM PRESCREENED
CREDIT OFFERS.
Section 604(c)(1)(B) of the Fair Credit Reporting Act (15
U.S.C. 1681b(c)(1)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end; and
(2) in clause (iii), by striking the period at the end and
inserting the following: ``; and
``(iv) the consumer report does not contain a date of birth
that shows that the consumer has not attained the age of 21,
or, if the date of birth on the consumer report shows that
the consumer has not attained the age of 21, such consumer
consents to the consumer reporting agency to such
furnishing.''.
SEC. 303. ISSUANCE OF CREDIT CARDS TO CERTAIN COLLEGE
STUDENTS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is
amended by adding at the end the following new subsection:
``(p) Parental Approval Required To Increase Credit Lines
for Accounts for Which Parent Is Jointly Liable.--No increase
may be made in the amount of credit authorized to be extended
under a credit card account for which a parent, legal
guardian, or spouse of the consumer, or any other individual
has assumed joint liability for debts incurred by the
consumer in connection with the account before the consumer
attains the age of 21, unless that parent, guardian, or
spouse approves in writing, and assumes joint liability for,
such increase.''.
SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE STUDENTS.
Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is
amended by adding at the end the following:
``(f) Credit Card Protections for College Students.--
``(1) Disclosure required.--An institution of higher
education shall publicly disclose any contract or other
agreement made with a card issuer or creditor for the purpose
of marketing a credit card.
``(2) Inducements prohibited.--No card issuer or creditor
may offer to a student at an institution of higher education
any tangible item to induce such student to apply for or
participate in an open end consumer credit plan offered by
such card issuer or creditor, if such offer is made--
``(A) on the campus of an institution of higher education;
``(B) near the campus of an institution of higher
education, as determined by rule of the Board; or
``(C) at an event sponsored by or related to an institution
of higher education.
``(3) Sense of the congress.--It is the sense of the
Congress that each institution of higher education should
consider adopting the following policies relating to credit
cards:
``(A) That any card issuer that markets a credit card on
the campus of such institution notify the institution of the
location at which such marketing will take place.
``(B) That the number of locations on the campus of such
institution at which the marketing of credit cards takes
place be limited.
``(C) That credit card and debt education and counseling
sessions be offered as a regular part of any orientation
program for new students of such institution.''.
SEC. 305. COLLEGE CREDIT CARD AGREEMENTS.
(a) In General.--Section 127 of the Truth in Lending Act
(15 U.S.C. 1637), as otherwise amended by this Act, is
amended by adding at the end the following:
``(r) College Card Agreements.--
``(1) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) College affinity card.--The term `college affinity
card' means a credit card issued by a credit card issuer
under an open end consumer credit plan in conjunction with an
agreement between the issuer and an institution of higher
education, or an alumni organization or foundation affiliated
with or related to such institution, under which such cards
are issued to college students who have an affinity with such
institution, organization and--
``(i) the creditor has agreed to donate a portion of the
proceeds of the credit card to the institution, organization,
or foundation (including a lump sum or 1-time payment of
money for access);
``(ii) the creditor has agreed to offer discounted terms to
the consumer; or
``(iii) the credit card bears the name, emblem, mascot, or
logo of such institution, organization, or foundation, or
other words, pictures, or symbols readily identified with
such institution, organization, or foundation.
``(B) College student credit card account.--The term
`college student credit card account' means a credit card
account under an open end consumer credit plan established or
maintained for or on behalf of any college student.
``(C) College student.--The term `college student' means an
individual who is a full-time or a part-time student
attending an institution of higher education.
``(D) Institution of higher education.--The term
`institution of higher education' has the same meaning as in
section 101 and 102 of the Higher Education Act of 1965 (20
U.S.C. 1001 and 1002).
``(2) Reports by creditors.--
``(A) In general.--Each creditor shall submit an annual
report to the Board containing the terms and conditions of
all business, marketing, and promotional agreements and
college affinity card agreements with an institution of
higher education, or an alumni organization or foundation
affiliated with or related to such institution, with respect
to any college student credit card issued to a college
student at such institution.
``(B) Details of report.--The information required to be
reported under subparagraph (A) includes--
``(i) any memorandum of understanding between or among a
creditor, an institution of higher education, an alumni
association, or foundation that directly or indirectly
relates to any aspect of any agreement referred to in such
subparagraph or controls or directs any obligations or
distribution of benefits between or among any such entities;
[[Page 12838]]
``(ii) the amount of any payments from the creditor to the
institution, organization, or foundation during the period
covered by the report, and the precise terms of any agreement
under which such amounts are determined; and
``(iii) the number of credit card accounts covered by any
such agreement that were opened during the period covered by
the report, and the total number of credit card accounts
covered by the agreement that were outstanding at the end of
such period.
``(C) Aggregation by institution.--The information required
to be reported under subparagraph (A) shall be aggregated
with respect to each institution of higher education or
alumni organization or foundation affiliated with or related
to such institution.
``(D) Initial report.--The initial report required under
subparagraph (A) shall be submitted to the Board before the
end of the 9-month period beginning on the date of enactment
of this subsection.
``(3) Reports by board.--The Board shall submit to the
Congress, and make available to the public, an annual report
that lists the information concerning credit card agreements
submitted to the Board under paragraph (2) by each
institution of higher education, alumni organization, or
foundation.''.
(b) Study and Report by the Comptroller General.--
(1) Study.--The Comptroller General of the United States
shall, from time to time, review the reports submitted by
creditors under section 127(r) of the Truth in Lending Act,
as added by this section, and the marketing practices of
creditors to determine the impact that college affinity card
agreements and college student card agreements have on credit
card debt.
(2) Report.--Upon completion of any study under paragraph
(1), the Comptroller General shall periodically submit a
report to the Congress on the findings and conclusions of the
study, together with such recommendations for administrative
or legislative action as the Comptroller General determines
to be appropriate.
TITLE IV--GIFT CARDS
SEC. 401. GENERAL-USE PREPAID CARDS, GIFT CERTIFICATES, AND
STORE GIFT CARDS.
The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.)
is amended--
(1) by redesignating sections 915 through 921 as sections
916 through 922, respectively; and
(2) by inserting after section 914 the following:
``SEC. 915. GENERAL-USE PREPAID CARDS, GIFT CERTIFICATES, AND
STORE GIFT CARDS.
``(a) Definitions.--In this section, the following
definitions shall apply:
``(1) Dormancy fee; inactivity charge or fee.--The terms
`dormancy fee' and `inactivity charge or fee' mean a fee,
charge, or penalty for non-use or inactivity of a gift
certificate, store gift card, or general-use prepaid card.
``(2) General use prepaid card, gift certificate, and store
gift card.--
``(A) General-use prepaid card.--The term `general-use
prepaid card' means a card or other payment code or device
issued by any person that is--
``(i) redeemable at multiple, unaffiliated merchants or
service providers, or automated teller machines;
``(ii) issued in a requested amount, whether or not that
amount may, at the option of the issuer, be increased in
value or reloaded if requested by the holder;
``(iii) purchased or loaded on a prepaid basis; and
``(iv) honored, upon presentation, by merchants for goods
or services, or at automated teller machines.
``(B) Gift certificate.--The term `gift certificate' means
an electronic promise that is--
``(i) redeemable at a single merchant or an affiliated
group of merchants that share the same name, mark, or logo;
``(ii) issued in a specified amount that may not be
increased or reloaded;
``(iii) purchased on a prepaid basis in exchange for
payment; and
``(iv) honored upon presentation by such single merchant or
affiliated group of merchants for goods or services.
``(C) Store gift card.--The term `store gift card' means an
electronic promise, plastic card, or other payment code or
device that is--
``(i) redeemable at a single merchant or an affiliated
group of merchants that share the same name, mark, or logo;
``(ii) issued in a specified amount, whether or not that
amount may be increased in value or reloaded at the request
of the holder;
``(iii) purchased on a prepaid basis in exchange for
payment; and
``(iv) honored upon presentation by such single merchant or
affiliated group of merchants for goods or services.
``(D) Exclusions.--The terms `general-use prepaid card',
`gift certificate', and `store gift card' do not include an
electronic promise, plastic card, or payment code or device
that is--
``(i) used solely for telephone services;
``(ii) reloadable and not marketed or labeled as a gift
card or gift certificate;
``(iii) a loyalty, award, or promotional gift card, as
defined by the Board;
``(iv) not marketed to the general public;
``(v) issued in paper form only (including for tickets and
events); or
``(vi) redeemable solely for admission to events or venues
at a particular location or group of affiliated locations,
which may also include services or goods obtainable--
``(I) at the event or venue after admission; or
``(II) in conjunction with admission to such events or
venues, at specific locations affiliated with and in
geographic proximity to the event or venue.
``(3) Service fee.--
``(A) In general.--The term `service fee' means a periodic
fee, charge, or penalty for holding or use of a gift
certificate, store gift card, or general-use prepaid card.
``(B) Exclusion.--With respect to a general-use prepaid
card, the term `service fee' does not include a one-time
initial issuance fee.
``(b) Prohibition on Imposition of Fees or Charges.--
``(1) In general.--Except as provided under paragraphs (2)
through (4), it shall be unlawful for any person to impose a
dormancy fee, an inactivity charge or fee, or a service fee
with respect to a gift certificate, store gift card, or
general-use prepaid card.
``(2) Exceptions.--A dormancy fee, inactivity charge or
fee, or service fee may be charged with respect to a gift
certificate, store gift card, or general-use prepaid card,
if--
``(A) there has been no activity with respect to the
certificate or card in the 12-month period ending on the date
on which the charge or fee is imposed;
``(B) the disclosure requirements of paragraph (3) have
been met;
``(C) not more than one fee may be charged in any given
month; and
``(D) any additional requirements that the Board may
establish through rulemaking under subsection (d) have been
met.
``(3) Disclosure requirements.--The disclosure requirements
of this paragraph are met if--
``(A) the gift certificate, store gift card, or general-use
prepaid card clearly and conspicuously states--
``(i) that a dormancy fee, inactivity charge or fee, or
service fee may be charged;
``(ii) the amount of such fee or charge;
``(iii) how often such fee or charge may be assessed; and
``(iv) that such fee or charge may be assessed for
inactivity; and
``(B) the issuer or vendor of such certificate or card
informs the purchaser of such charge or fee before such
certificate or card is purchased, regardless of whether the
certificate or card is purchased in person, over the
Internet, or by telephone.
``(4) Exclusion.--The prohibition under paragraph (1) shall
not apply to any gift certificate--
``(A) that is distributed pursuant to an award, loyalty, or
promotional program, as defined by the Board; and
``(B) with respect to which, there is no money or other
value exchanged.
``(c) Prohibition on Sale of Gift Cards With Expiration
Dates.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any person to sell or issue a gift
certificate, store gift card, or general-use prepaid card
that is subject to an expiration date.
``(2) Exceptions.--A gift certificate, store gift card, or
general-use prepaid card may contain an expiration date if--
``(A) the expiration date is not earlier than 5 years after
the date on which the gift certificate was issued, or the
date on which card funds were last loaded to a store gift
card or general-use prepaid card; and
``(B) the terms of expiration are clearly and conspicuously
stated.
``(d) Additional Rulemaking.--
``(1) In general.--The Board shall--
``(A) prescribe regulations to carry out this section, in
addition to any other rules or regulations required by this
title, including such additional requirements as appropriate
relating to the amount of dormancy fees, inactivity charges
or fees, or service fees that may be assessed and the amount
of remaining value of a gift certificate, store gift card, or
general-use prepaid card below which such charges or fees may
be assessed; and
``(B) shall determine the extent to which the individual
definitions and provisions of the Electronic Fund Transfer
Act or Regulation E should apply to general-use prepaid
cards, gift certificates, and store gift cards.
``(2) Consultation.--In prescribing regulations under this
subsection, the Board shall consult with the Federal Trade
Commission.
``(3) Timing; effective date.--The regulations required by
this subsection shall be issued in final form not later than
9 months after the date of enactment of the Credit CARD Act
of 2009.''.
SEC. 402. RELATION TO STATE LAWS.
Section 920 of the Electronic Fund Transfer Act (as
redesignated by this title) is amended by inserting
``dormancy fees, inactivity charges or fees, service fees, or
expiration dates of gift certificates, store gift cards, or
general-use prepaid cards,'' after ``electronic fund
transfers,''.
SEC. 403. EFFECTIVE DATE.
This title and the amendments made by this title shall
become effective 15 months after the date of enactment of
this Act.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. STUDY AND REPORT ON INTERCHANGE FEES.
(a) Study Required.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller'')
shall conduct a study on use of credit by consumers,
interchange fees, and their effects on consumers and
merchants.
(b) Subjects for Review.--In conducting the study required
by this section, the Comptroller shall review--
(1) the extent to which interchange fees are required to be
disclosed to consumers and merchants, whether merchants are
restricted from
[[Page 12839]]
disclosing interchange or merchant discount fees, and how
such fees are overseen by the Federal banking agencies or
other regulators;
(2) the ways in which the interchange system affects the
ability of merchants of varying size to negotiate pricing
with card associations and banks;
(3) the costs and factors incorporated into interchange
fees, such as advertising, bonus miles, and rewards, how such
costs and factors vary among cards;
(4) the consequences of the undisclosed nature of
interchange fees on merchants and consumers with regard to
prices charged for goods and services;
(5) how merchant discount fees compare to the credit losses
and other costs that merchants incur to operate their own
credit networks or store cards;
(6) the extent to which the rules of payment card networks
and their policies regarding interchange fees are accessible
to merchants;
(7) other jurisdictions where the central bank has
regulated interchange fees and the impact on retail prices to
consumers in such jurisdictions;
(8) whether and to what extent merchants are permitted to
discount for cash; and
(9) the extent to which interchange fees allow smaller
financial institutions and credit unions to offer payment
cards and compete against larger financial institutions.
(c) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Comptroller shall submit a
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives containing a detailed summary
of the findings and conclusions of the study required by this
section, together with such recommendations for legislative
or administrative actions as may be appropriate.
SEC. 502. BOARD REVIEW OF CONSUMER CREDIT PLANS AND
REGULATIONS.
(a) Required Review.--Not later than 2 years after the
effective date of this Act and every 2 years thereafter,
except as provided in subsection (c)(2), the Board shall
conduct a review, within the limits of its existing resources
available for reporting purposes, of the consumer credit card
market, including--
(1) the terms of credit card agreements and the practices
of credit card issuers;
(2) the effectiveness of disclosure of terms, fees, and
other expenses of credit card plans;
(3) the adequacy of protections against unfair or deceptive
acts or practices relating to credit card plans; and
(4) whether or not, and to what extent, the implementation
of this Act and the amendments made by this Act has
affected--
(A) cost and availability of credit, particularly with
respect to non-prime borrowers;
(B) the safety and soundness of credit card issuers;
(C) the use of risk-based pricing; or
(D) credit card product innovation.
(b) Solicitation of Public Comment.--In connection with
conducting the review required by subsection (a), the Board
shall solicit comment from consumers, credit card issuers,
and other interested parties, such as through hearings or
written comments.
(c) Regulations.--
(1) Notice.--Following the review required by subsection
(a), the Board shall publish a notice in the Federal Register
that--
(A) summarizes the review, the comments received from the
public solicitation, and other evidence gathered by the
Board, such as through consumer testing or other research;
and
(B) either--
(i) proposes new or revised regulations or interpretations
to update or revise disclosures and protections for consumer
credit cards, as appropriate; or
(ii) states the reason for the determination of the Board
that new or revised regulations are not necessary.
(2) Revision of review period following material revision
of regulations.--In the event that the Board materially
revises regulations on consumer credit card plans, a review
need not be conducted until 2 years after the effective date
of the revised regulations, which thereafter shall be treated
as the new date for the biennial review required by
subsection (a).
(d) Board Report to the Congress.--The Board shall report
to Congress not less frequently than every 2 years, except as
provided in subsection (c)(2), on the status of its most
recent review, its efforts to address any issues identified
from the review, and any recommendations for legislation.
(e) Additional Reporting.--The Federal banking agencies (as
that term is defined in section 3 of the Federal Deposit
Insurance Act) and the Federal Trade Commission shall provide
annually to the Board, and the Board shall include in its
annual report to Congress under section 10 of the Federal
Reserve Act, information about the supervisory and
enforcement activities of the agencies with respect to
compliance by credit card issuers with applicable Federal
consumer protection statutes and regulations, including--
(1) this Act, the amendments made by this Act, and
regulations prescribed under this Act and such amendments;
and
(2) section 5 of the Federal Trade Commission Act, and
regulations prescribed under the Federal Trade Commission
Act, including part 227 of title 12 of the Code of Federal
Regulations, as prescribed by the Board (referred to as
``Regulation AA'').
SEC. 503. STORED VALUE.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Homeland Security, shall
issue regulations in final form implementing the Bank Secrecy
Act, regarding the sale, issuance, redemption, or
international transport of stored value, including stored
value cards.
(b) Consideration of International Transport.--Regulations
under this section regarding international transport of
stored value may include reporting requirements pursuant to
section 5316 of title 31, United States Code.
(c) Emerging Methods for Transmittal and Storage in
Electronic Form.--Regulations under this section shall take
into consideration current and future needs and methodologies
for transmitting and storing value in electronic form.
SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT OF ESTATES OF
DECEDENT OBLIGORS.
(a) In General.--Chapter 2 of the Truth in Lending Act (
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``Sec. 140A Procedure for timely settlement of estates of
decedent obligors
``The Board, in consultation with the Federal Trade
Commission and each other agency referred to in section
108(a), shall prescribe regulations to require any creditor,
with respect to any credit card account under an open end
consumer credit plan, to establish procedures to ensure that
any administrator of an estate of any deceased obligor with
respect to such account can resolve outstanding credit
balances in a timely manner.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after
the item relating to section 140 the following new item:
``140A. Procedure for timely settlement of estates of decedent
obligors'.''.
SEC. 505. REPORT TO CONGRESS ON REDUCTIONS OF CONSUMER CREDIT
CARD LIMITS BASED ON CERTAIN INFORMATION AS TO
EXPERIENCE OR TRANSACTIONS OF THE CONSUMER.
(a) Report on Creditor Practices Required.--Before the end
of the 1-year period beginning on the date of enactment of
this Act, the Board, in consultation with the Comptroller of
the Currency, the Director of the Office of Thrift
Supervision, the Federal Deposit Insurance Corporation, the
National Credit Union Administration Board, and the Federal
Trade Commission, shall submit a report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on the extent to which, during the 3-year period
ending on such date of enactment, creditors have reduced
credit limits or raised interest rates applicable to credit
card accounts under open end consumer credit plans based on--
(1) the geographic location where a credit transaction with
the consumer took place, or the identity of the merchant
involved in the transaction;
(2) the credit transactions of the consumer, including the
type of credit transaction, the type of items purchased in
such transaction, the price of items purchased in such
transaction, any change in the type or price of items
purchased in such transactions, and other data pertaining to
the use of such credit card account by the consumer; and
(3) the identity of the mortgage creditor which extended or
holds the mortgage loan secured by the primary residence of
the consumer.
(b) Other Information.--The report required under
subsection (a) shall also include--
(1) the number of creditors that have engaged in the
practices described in subsection (a);
(2) the extent to which the practices described in
subsection (a) have an adverse impact on minority or low-
income consumers;
(3) any other relevant information regarding such
practices; and
(4) recommendations to the Congress on any regulatory or
statutory changes that may be needed to restrict or prevent
such practices.
SEC. 506. BOARD REVIEW OF SMALL BUSINESS CREDIT PLANS AND
RECOMMENDATIONS.
(a) Required Review.--Not later than 9 months after the
date of enactment of this Act, the Board shall conduct a
review of the use of credit cards by businesses with not more
than 50 employees (in this section referred to as ``small
businesses'') and the credit card market for small
businesses, including--
(1) the terms of credit card agreements for small
businesses and the practices of credit card issuers relating
to small businesses;
(2) the adequacy of disclosures of terms, fees, and other
expenses of credit card plans for small businesses;
(3) the adequacy of protections against unfair or deceptive
acts or practices relating to credit card plans for small
businesses;
(4) the cost and availability of credit for small
businesses, particularly with respect to non-prime borrowers;
(5) the use of risk-based pricing for small businesses;
(6) credit card product innovation relating to small
businesses; and
(7) the extent to which small business owners use personal
credit cards to fund their business operations.
(b) Recommendations.--Following the review required by
subsection (a), the Board shall, not later than 12 months
after the date of enactment of this Act--
(1) provide a report to Congress that summarizes the review
and other evidence gathered by the Board, such as through
consumer testing or other research, and
[[Page 12840]]
(2) make recommendations for administrative or legislative
initiatives to provide protections for credit card plans for
small businesses, as appropriate.
SEC. 507. SMALL BUSINESS INFORMATION SECURITY TASK FORCE.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``task force'' means the task force
established under subsection (b).
(b) Establishment.--The Administrator shall, in conjunction
with the Secretary of Homeland Security, establish a task
force, to be known as the ``Small Business Information
Security Task Force'', to address the information technology
security needs of small business concerns and to help small
business concerns prevent the loss of credit card data.
(c) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of small
business concerns; and
(B) the programs and services provided by the Federal
Government, State Governments, and nongovernment
organizations that serve those needs;
(2) assess the extent to which the programs and services
identified under paragraph (1)(B) serve the needs identified
under paragraph (1)(A);
(3) make recommendations to the Administrator on how to
more effectively serve the needs identified under paragraph
(1)(A) through--
(A) programs and services identified under paragraph
(1)(B); and
(B) new programs and services promoted by the task force;
(4) make recommendations on how the Administrator may
promote--
(A) new programs and services that the task force
recommends under paragraph (3)(B); and
(B) programs and services identified under paragraph
(1)(B);
(5) make recommendations on how the Administrator may
inform and educate with respect to--
(A) the needs identified under paragraph (1)(A);
(B) new programs and services that the task force
recommends under paragraph (3)(B); and
(C) programs and services identified under paragraph
(1)(B);
(6) make recommendations on how the Administrator may more
effectively work with public and private interests to address
the information technology security needs of small business
concerns; and
(7) make recommendations on the creation of a permanent
advisory board that would make recommendations to the
Administrator on how to address the information technology
security needs of small business concerns.
(d) Internet Website Recommendations.--The task force shall
make recommendations to the Administrator relating to the
establishment of an Internet website to be used by the
Administration to receive and dispense information and
resources with respect to the needs identified under
subsection (c)(1)(A) and the programs and services identified
under subsection (c)(1)(B). As part of the recommendations,
the task force shall identify the Internet sites of
appropriate programs, services, and organizations, both
public and private, to which the Internet website should
link.
(e) Education Programs.--The task force shall make
recommendations to the Administrator relating to developing
additional education materials and programs with respect to
the needs identified under subsection (c)(1)(A).
(f) Existing Materials.--The task force shall organize and
distribute existing materials that inform and educate with
respect to the needs identified under subsection (c)(1)(A)
and the programs and services identified under subsection
(c)(1)(B).
(g) Coordination With Public and Private Sector.--In
carrying out its responsibilities under this section, the
task force shall coordinate with, and may accept materials
and assistance as it determines appropriate from, public and
private entities, including--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act
to provide assistance and advice to small business concerns;
(3) other Federal agencies, their officers, or employees;
and
(4) any other organization, entity, or person not described
in paragraph (1), (2), or (3).
(h) Appointment of Members.--
(1) Chairperson and vice-chairperson.--The task force shall
have--
(A) a Chairperson, appointed by the Administrator; and
(B) a Vice-Chairperson, appointed by the Administrator, in
consultation with appropriate nongovernmental organizations,
entities, or persons.
(2) Members.--
(A) Chairperson and vice-chairperson.--The Chairperson and
the Vice-Chairperson shall serve as members of the task
force.
(B) Additional members.--
(i) In general.--The task force shall have additional
members, each of whom shall be appointed by the Chairperson,
with the approval of the Administrator.
(ii) Number of members.--The number of additional members
shall be determined by the Chairperson, in consultation with
the Administrator, except that--
(I) the additional members shall include, for each of the
groups specified in paragraph (3), at least 1 member
appointed from within that group; and
(II) the number of additional members shall not exceed 13.
(3) Groups represented.--The groups specified in this
paragraph are--
(A) subject matter experts;
(B) users of information technologies within small business
concerns;
(C) vendors of information technologies to small business
concerns;
(D) academics with expertise in the use of information
technologies to support business;
(E) small business trade associations;
(F) Federal, State, or local agencies, including the
Department of Homeland Security, engaged in securing
cyberspace; and
(G) information technology training providers with
expertise in the use of information technologies to support
business.
(4) Political affiliation.--The appointments under this
subsection shall be made without regard to political
affiliation.
(i) Meetings.--
(1) Frequency.--The task force shall meet at least 2 times
per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(3) Location.--The Administrator shall designate, and make
available to the task force, a location at a facility under
the control of the Administrator for use by the task force
for its meetings.
(4) Minutes.--
(A) In general.--Not later than 30 days after the date of
each meeting, the task force shall publish the minutes of the
meeting in the Federal Register and shall submit to the
Administrator any findings or recommendations approved at the
meeting.
(B) Submission to congress.--Not later than 60 days after
the date that the Administrator receives minutes under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives such minutes, together with any comments the
Administrator considers appropriate.
(5) Findings.--
(A) In general.--Not later than the date on which the task
force terminates under subsection (m), the task force shall
submit to the Administrator a final report on any findings
and recommendations of the task force approved at a meeting
of the task force.
(B) Submission to congress.--Not later than 90 days after
the date on which the Administrator receives the report under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives the full text of the report submitted under
subparagraph (A), together with any comments the
Administrator considers appropriate.
(j) Personnel Matters.--
(1) Compensation of members.--Each member of the task force
shall serve without pay for their service on the task force.
(2) Travel expenses.--Each member of the task force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Detail of sba employees.--The Administrator may detail,
without reimbursement, any of the personnel of the
Administration to the task force to assist it in carrying out
the duties of the task force. Such a detail shall be without
interruption or loss of civil status or privilege.
(4) SBA support of the task force.--Upon the request of the
task force, the Administrator shall provide to the task force
the administrative support services that the Administrator
and the Chairperson jointly determine to be necessary for the
task force to carry out its duties.
(k) Not Subject to Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the task force.
(l) Startup Deadlines.--The initial appointment of the
members of the task force shall be completed not later than
90 days after the date of enactment of this Act, and the
first meeting of the task force shall be not later than 180
days after the date of enactment of this Act.
(m) Termination.--
(1) In general.--Except as provided in paragraph (2), the
task force shall terminate at the end of fiscal year 2013.
(2) Exception.--If, as of the termination date under
paragraph (1), the task force has not complied with
subsection (i)(4) with respect to 1 or more meetings, then
the task force shall continue after the termination date for
the sole purpose of achieving compliance with subsection
(i)(4) with respect to those meetings.
(n) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $300,000 for
each of fiscal years 2010 through 2013.
SEC. 508. STUDY AND REPORT ON EMERGENCY PIN TECHNOLOGY.
(a) In General.--The Federal Trade Commission, in
consultation with the Attorney General of the United States
and the United States Secret Service, shall conduct a study
on the cost-effectiveness of making available at automated
teller machines technology that enables a consumer that is
under duress to electronically alert
[[Page 12841]]
a local law enforcement agency that an incident is taking
place at such automated teller machine, including--
(1) an emergency personal identification number that would
summon a local law enforcement officer to an automated teller
machine when entered into such automated teller machine; and
(2) a mechanism on the exterior of an automated teller
machine that, when pressed, would summon a local law
enforcement to such automated teller machine.
(b) Contents of Study.--The study required under subsection
(a) shall include--
(1) an analysis of any technology described in subsection
(a) that is currently available or under development;
(2) an estimate of the number and severity of any crimes
that could be prevented by the availability of such
technology;
(3) the estimated costs of implementing such technology;
and
(4) a comparison of the costs and benefits of not fewer
than 3 types of such technology.
(c) Report.--Not later than 9 months after the date of
enactment of this Act, the Federal Trade Commission shall
submit to Congress a report on the findings of the study
required under this section that includes such
recommendations for legislative action as the Commission
determines appropriate.
SEC. 509. STUDY AND REPORT ON THE MARKETING OF PRODUCTS WITH
CREDIT OFFERS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the terms, conditions, marketing,
and value to consumers of products marketed in conjunction
with credit card offers, including--
(1) debt suspension agreements;
(2) debt cancellation agreements; and
(3) credit insurance products.
(b) Areas of Concern.--The study conducted under this
section shall evaluate--
(1) the suitability of the offer of products described in
subsection (a) for target customers;
(2) the predatory nature of such offers; and
(3) specifically for debt cancellation or suspension
agreements and credit insurance products, loss rates compared
to more traditional insurance products.
(c) Report to Congress.--The Comptroller shall submit a
report to Congress on the results of the study required by
this section not later than December 31, 2010.
SEC. 510. FINANCIAL AND ECONOMIC LITERACY.
(a) Report on Federal Financial and Economic Literacy
Education Programs.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Education and the
Director of the Office of Financial Education of the
Department of the Treasury shall coordinate with the
President's Advisory Council on Financial Literacy--
(A) to evaluate and compile a comprehensive summary of all
existing Federal financial and economic literacy education
programs, as of the time of the report; and
(B) to prepare and submit a report to Congress on the
findings of the evaluations.
(2) Contents.--The report required by this subsection shall
address, at a minimum--
(A) the 2008 recommendations of the President's Advisory
Council on Financial Literacy;
(B) existing Federal financial and economic literacy
education programs for grades kindergarten through grade 12,
and annual funding to support these programs;
(C) existing Federal postsecondary financial and economic
literacy education programs and annual funding to support
these programs;
(D) the current financial and economic literacy education
needs of adults, and in particular, low- and moderate-income
adults;
(E) ways to incorporate and disseminate best practices and
high quality curricula in financial and economic literacy
education; and
(F) specific recommendations on sources of revenue to
support financial and economic literacy education activities
with a specific analysis of the potential use of credit card
transaction fees.
(b) Strategic Plan.--
(1) In general.--The Secretary of Education and the
Director of the Office of Financial Education of the
Department of the Treasury shall coordinate with the
President's Advisory Council on Financial Literacy to develop
a strategic plan to improve and expand financial and economic
literacy education.
(2) Contents.--The plan developed under this subsection
shall--
(A) incorporate findings from the report and evaluations of
existing Federal financial and economic literacy education
programs under subsection (a); and
(B) include proposals to improve, expand, and support
financial and economic literacy education based on the
findings of the report and evaluations.
(3) Presentation to congress.--The plan developed under
this subsection shall be presented to Congress not later than
6 months after the date on which the report under subsection
(a) is submitted to Congress.
(c) Effective Date.--Notwithstanding section 3, this
section shall become effective on the date of enactment of
this Act.
SEC. 511. FEDERAL TRADE COMMISSION RULEMAKING ON MORTGAGE
LENDING.
(a) In General.--Section 626 of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8) is amended--
(1) in subsection (a)--
(A) by striking ``Within'' and inserting ``(1) Within'';
(B) in paragraph (1), as designated by subparagraph (A), by
inserting after the first sentence the following: ``Such
rulemaking shall relate to unfair or deceptive acts or
practices regarding mortgage loans, which may include unfair
or deceptive acts or practices involving loan modification
and foreclosure rescue services.''; and
(C) by adding at the end the following:
``(2) Paragraph (1) shall not be construed to authorize the
Federal Trade Commission to promulgate a rule with respect to
an entity that is not subject to enforcement of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) by the
Commission.
``(3) Before issuing a final rule pursuant to the
proceeding initiated under paragraph (1), the Federal Trade
Commission shall consult with the Federal Reserve Board
concerning any portion of the proposed rule applicable to
acts or practices to which the provisions of the Truth in
Lending Act (15 U.S.C. 1601 et seq.) may apply.
``(4) The Federal Trade Commission shall enforce the rules
issued under paragraph (1) in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made part of this section.''; and
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (2) and
inserting the following:
``(b)(1) Except as provided in paragraph (6), in any case
in which the attorney general of a State has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person subject to a rule prescribed under subsection
(a) in a practice that violates such rule, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate district court of
the United States or other court of competent jurisdiction--
``(A) to enjoin that practice;
``(B) to enforce compliance with the rule;
``(C) to obtain damages, restitution, or other compensation
on behalf of residents of the State; or
``(D) to obtain penalties and relief provided by the
Federal Trade Commission Act and such other relief as the
court considers appropriate.''; and
(B) in paragraphs (2), (3), and (6), by striking
``Commission'' each place it appears and inserting ``primary
Federal regulator''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on March 12, 2009.
SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Congressional Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 2.4(a)(1) of title 36, Code of Federal
Regulations, provides that ``except as otherwise provided in
this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited: (i) Possessing a
weapon, trap or net (ii) Carrying a weapon, trap or net (iii)
Using a weapon, trap or net''.
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of
the United States may not ``possess, use, or transport
firearms on national wildlife refuges'' of the United States
Fish and Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws
from exercising the second amendment rights of the
individuals while at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the
transportation and possession of firearms at different units
of the National Park System and the National Wildlife Refuge
System entrapped law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) Although the Bush administration issued new regulations
relating to the Second Amendment rights of law-abiding
citizens in units of the National Park System and National
Wildlife Refuge System that went into effect on January 9,
2009--
(A) on March 19, 2009, the United States District Court for
the District of Columbia granted a preliminary injunction
with respect to the implementation and enforcement of the new
regulations; and
(B) the new regulations--
(i) are under review by the administration; and
(ii) may be altered.
(7) Congress needs to weigh in on the new regulations to
ensure that unelected bureaucrats and judges cannot again
override the Second Amendment rights of law-abiding citizens
on 83,600,000 acres of National Park System land and
90,790,000 acres of land under the jurisdiction of the United
States Fish and Wildlife Service.
(8) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should not
be infringed.
(b) Protecting the Right of Individuals To Bear arms in
Units of the National Park System and the National Wildlife
Refuge System.--The Secretary of the Interior shall not
promulgate or enforce any regulation that prohibits an
individual from possessing a firearm including an assembled
or functional firearm in
[[Page 12842]]
any unit of the National Park System or the National Wildlife
Refuge System if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the unit of the National Park
System or the National Wildlife Refuge System is located.
SEC. 513. GAO STUDY AND REPORT ON FLUENCY IN THE ENGLISH
LANGUAGE AND FINANCIAL LITERACY.
(a) Study.--The Comptroller General of the United States
shall conduct a study examining--
(1) the relationship between fluency in the English
language and financial literacy; and
(2) the extent, if any, to which individuals whose native
language is a language other than English are impeded in
their conduct of their financial affairs.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives that
contains a detailed summary of the findings and conclusions
of the study required under subsection (a).
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. DODD. Mr. President, I move to reconsider the vote.
Mr. LEVIN. Mr. President, I move to lay that motion upon the table.
The motion to lay on the table was agreed to.
____________________
UNANIMOUS CONSENT AGREEMENT--S. 896
Mr. DODD. Mr. President, I ask unanimous consent that when the Senate
receives a message from the House with respect to S. 896 the Senate
concur in the amendment of the House, and the motion to reconsider be
laid upon the table; that this order is only valid if the House
amendment is identical to the text which is at the desk; that if the
text is not identical, then this order is null and void.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
UNANIMOUS CONSENT AGREEMENT--EXECUTIVE CALENDAR
Mr. DODD. As if in executive session, I ask unanimous consent that
the order with respect to the Gensler nomination be modified to provide
that the debate with respect to the nomination occur after the vote
which is scheduled for 2:15 p.m. today.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Mr. President, I see my colleague from Washington is here.
My intention is to come back at some point later this afternoon and
talk about the credit card bill. We have talked about it a lot over the
last number of weeks, but I know there are other matters other people
want to bring up at this juncture. So I will reserve some time this
afternoon to thank my colleagues from the Banking Committee, and also
my colleagues, such as Senator Levin, who has been a champion of this
issue for as long as I have, and others who have worked tirelessly to
make this happen. So I will reserve.
The PRESIDING OFFICER. The Senator from Washington.
____________________
TO INCREASE FUNDING FOR THE SPECIAL RESERVE
Ms. CANTWELL. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. Res. 152, submitted
earlier today; that the resolution be agreed to and the motion to
reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 152) was agreed to, as follows:
S. Res. 152
Resolved,
SECTION 1. SPECIAL RESERVE FUNDING.
(a) In General.--Section 20(a) of S. Res. 73 (111th
Congress) is amended by striking ``$4,375,000'' and inserting
``$4,875,000''.
(b) Aggregates.--The additional funds provided by the
amendment made by subsection (a) shall not be considered to
be subject to the 89 percent limitation on Special Reserves
found on page 2 of Committee Report 111-14, accompanying S.
Res. 73.
____________________
RECESS
The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until 2:15.
Thereupon, at 1:20 p.m., the Senate recessed until 2:15 p.m. and
reassembled when called to order by the Acting President pro tempore.
____________________
EXECUTIVE SESSION
______
NOMINATION OF GARY GENSLER TO BE A COMMISSIONER OF THE COMMODITY
FUTURES TRADING COMMISSION
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to executive session to consider the following
nomination, which the clerk will report.
The legislative clerk read the nomination of Gary Gensler, of
Maryland, to be a Commissioner of the Commodity Futures Trading
Commission.
The ACTING PRESIDENT pro tempore. Under the previous order, the
question is, Will the Senate advise and consent to the nomination of
Gary Gensler, of Maryland, to be a Commissioner of the Commodity
Futures Trading Commission?
Mr. INOUYE. Mr. President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from West Virginia (Mr.
Byrd), the Senator from Massachusetts (Mr. Kennedy), and the Senator
from West Virginia (Mr. Rockefeller) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Nevada (Mr. Ensign) and the Senator from Ohio (Mr. Voinovich).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 88, nays 6, as follows:
[Rollcall Vote No. 195 Ex.]
YEAS--88
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Burris
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Durbin
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Schumer
Sessions
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--6
Cantwell
Dorgan
Merkley
Murray
Sanders
Shaheen
NOT VOTING--5
Byrd
Ensign
Kennedy
Rockefeller
Voinovich
The nomination was confirmed.
____________________
NOMINATION OF GARY GENSLER TO BE CHAIRMAN OF THE COMMODITY FUTURES
TRADING COMMISSION
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to the nomination of Gary Gensler, of Maryland, to
be Chairman of the Commodity Futures Trading Commission.
The nomination is confirmed, and the motion to reconsider is
considered made and laid upon the table.
The President will be immediately notified of the Senate's action.
Under the previous order, there will now be 60 minutes of debate
equally divided and controlled between the Senator from Iowa, Mr.
Harkin, and the Senator from Georgia, Mr. Chambliss, or their
designees.
The Senator from Iowa is recognized.
[[Page 12843]]
Mr. HARKIN. Mr. President, again, to recap what was said, we have
voted twice, once to approve Mr. Gensler as a Commissioner of the
Commodity Futures Trading Commission and another vote to approve him as
the Chairman of the Commodity Futures Trading Commission. I voted yes
on both measures. Let me share my reasoning on the nomination of Mr.
Gensler.
Honestly, I have had some reservations about this nominee, though
certainly not about him as a person. Based upon my meetings with him
and our committee hearing, I believe Mr. Gensler is a good and decent
man with a strong personal story, and he has certainly shown his
intellectual capability and his knowledge of the subject.
I simply had concerns with elements of his background and philosophy,
concerning the regulation of over-the-counter derivatives transactions
and other financial transactions, and his views on regulations in
general.
Mr. President, I chaired a nomination hearing that lasted some time.
It was a hearing of substance. Mr. Gensler answered some very tough
questions straightforwardly.
It is not possible to know how Mr. Gensler will decide any given
question, but he has expressed support for much stronger, more
effective reform in the oversight and regulation of derivatives. Of all
the things we are doing around here, in terms of banking and bailouts
and pronouncements coming from the Secretary of the Treasury, perhaps
the construction of the whole thing is centered around how are we
finally going to regulate derivatives and swaps. These are over the
counter, hidden from view and, quite frankly, they have led to the
debacle we have now.
Let me read some excerpts from Mr. Gensler's testimony before the
Senate Agriculture Committee, which gives me, again, some positive
feelings toward his future chairmanship of the CFTC.
Here is what he said:
I firmly believe that strong, intelligent regulation with
aggressive enforcement benefits our economy and the public.
We must urgently move to enact a broad regulatory regime
that covers the entire over-the-counter derivatives markets.
Right on target, Mr. Gensler. He also said:
The CFTC should be provided with authority to set position
limits on all over-the-counter derivatives to prevent
manipulation and excessive speculation.
A transparent and consistent playing field for all physical
commodity futures should be the foundation of our
regulations.
I agree with that.
Lastly, Mr. Gensler said this:
I believe that the CFTC must work with Congress, with other
regulators, and with our global financial partners to ensure
that the failures of our regulatory and financial systems,
failures which have already taken a toll on every American,
never happen again.
Those are all excerpts from the extensive testimony and question-and-
answer period of Mr. Gensler before our committee. So now I am prepared
to entrust momentous decisions to Mr. Gensler, and I am, of course,
supporting the President's choice. Given the fragile state of the
economy and financial markets, having a confirmed chairman at the CFTC
is of critical importance.
As I said at Mr. Gensler's nomination hearing, these are challenging
times, particularly for regulators like the CFTC. Since the Commodity
Futures Trading Commission was established 35 years ago, it has never
faced more daunting market challenges than those that exist now. The
unprecedented price volatility of our markets for physical commodities,
such as energy and grains, has hurt our economy. The lack of sufficient
regulatory authority and oversight over the derivatives and financial
markets has proven disastrous to the entire global economy.
Derivatives that were touted as managing or reducing risk turned out
in practice to magnify risk--or certainly at least to allow banks,
insurance companies, and investors to take on totally unsustainable and
reckless levels of risk and leverage. If these financial markets and
derivatives markets are not properly regulated, we won't have a strong
economy. The CFTC plays a vital role in providing oversight in keeping
these markets healthy and in keeping the players honest.
It is imperative that we pass strong financial regulatory reform in
the Congress, and not just piecemeal, patchwork reform, but
comprehensive and fundamental reform that brings full transparency and
accountability back to the markets. Earlier this year, I introduced the
Derivatives Trading Integrity Act. Our committee will be having a
hearing on this early next month. That bill would require all
derivatives and swaps to be traded on a regulated exchange. Exchange-
traded contracts are subject to a level of transparency and oversight
that is not possible in over-the-counter markets. For 60 years, futures
contracts traded very efficiently on regulated exchanges.
I believe the burden of proof is on those who say there must be
exceptions and loopholes to allow derivatives and futures trading off-
exchange to continue. These are touted as customized swaps or
customized derivatives. I have asked Mr. Gensler and others to please
define for me what a custom swap is. No matter how you define it, it
leaves a loophole big enough to drive a Mack truck through. Once there
is a derivative that is off the trading boards, that no one knows
about, that is shrouded in secrecy, what is to keep someone else from
doing another custom derivative on that derivative, and then a
derivative on that derivative? That is what got us into this mess in
the first place--derivatives on derivatives on derivatives on
derivatives, ad infinitum, with nobody knowing what was going on,
without anybody knowing the value of each of those.
To this day, Treasury has never been able to tell us how they came up
with the value of those derivatives. It is a kind of voodoo. It is some
kind of mathematical calculation that they put into a computer somehow.
Well, I am sorry; I just don't buy that. I believe they all ought to be
on a regulated exchange, open and above board, so anybody can look and
see who is trading what. If it is a custom derivative, fine; put it on
a trading exchange, a regulated exchange. Let the market decide whether
it is customized or not, and then if somebody wants to sell a
derivative on that, put it right back on the exchange. To me, that is
the only way we will ever get around this.
I keep hearing noises out of Treasury that they want to keep this
loophole for some kinds of customized swaps. I know the swaps and
futures industry would like to have that. I understand that. But that
is what got us into this trouble in the first place. As I said, the
burden of proof is on them, I believe, to show why we need this
loophole and to somehow define a custom swap, what it really is, and
why we don't need to put it on a regulated exchange.
Some suggest that reforming regulations of these markets, like I am
suggesting, will limit flexibility and inhibit the incentives of market
participants to develop and introduce new financial products, and thus
harm the market. Again, I reject that notion. To the extent that
financial innovation can be shown to benefit all participants in the
market by providing some new hedging opportunities or risk management
capabilities, without putting other parties at undue risk, then that is
all to the good. However, if these new products are used to obscure
risk in the market, or elude or evade accounting rules placed on market
participants, then they clearly don't serve the public good and should
be prohibited.
That is why I say no more of this behind-the-scenes, over-the-counter
trading of derivatives. Put them on a regulated exchange. If it is
custom, so what; put it on the exchange. Then a regulated exchange can
put margin requirements on the buyers, clearing the floor every day.
Other investors can look and see what is going on. It provides for the
best transparency possible.
Some are talking about having some kind of a clearinghouse. Again, I
don't know about clearinghouses. There are some functions for
clearinghouses, I am aware of that. But, again, they just don't
function like a regulated exchange, on which we have set regulations,
an exchange that can provide for margin calls, and which is open and
above board to everyone. Again, these
[[Page 12844]]
financial innovations we hear about, like credit default swaps,
collateralized mortgage obligations, collateralized debt obligations--I
did a little history on this. None of those existed prior to 20 years
ago. Most of them are within the last dozen years or so.
So I asked the question of a number of people at the Treasury
Department, and others--I asked what was the demand for these financial
instruments? They didn't exist before, especially credit default swaps.
They literally didn't exist before about 10 years ago. What was the
public demand or public need for these? There wasn't any. Someone
described it to me. It is sort of like Honey Nut Cheerios. I have been
eating Cheerios since I was a kid. Did I demand that they put a honey
nut inside each of those Cheerios? General Mills had a new idea, and
they came up with Honey Nut Cheerios and marketed them with good
advertising, and they thought everybody would like Honey Nut Cheerios
now.
Fine, but that is what they did with credit default swaps. Some
brainiacs up there at MIT--the mathematicians who went to work for the
investment houses--said we know how to slice and dice derivatives to
the nth degree--these credit default swaps--and we can make a lot of
money on that.
But there was no need for that. There was no outcry by banks or
insurance companies saying they needed this kind of financial
instrument. But they came up with it and marketed it and sold it as a
way of better hedging risk when, in fact, it increased and magnified
risk. Again, if someone comes up with a financial instrument--a new
product, as they say--let's get it out there in the open. If you want
it out there, put it in the open and get it on the regulated exchange
and let everybody look at it and see what it is. That is why we need
better regulation and openness and transparency.
I reject the idea that somehow this regulation of which I speak is
somehow going to thwart financial instruments. If we thwart the
development of other credit default swaps or collateralized mortgages
or debt obligations, wonderful; we should. We should get back to
sensible dealings in the marketplace.
Again, no more obscuring of the risk, eluding accounting rules--get
them out in the public.
The free-wheeling derivatives markets contributed to a financial
crisis from which our economy is only beginning to recover. We are at
work in the Agriculture Committee on legislation that will ensure
stronger regulation in order to bring transparency and integrity to the
derivatives market.
I want to make it clear at the outset that I am not against all
derivatives. Certain derivatives have a functional value in hedging and
reducing risk. But, again, they should be in the open.
We are at work in the Agriculture Committee to do that--bring
transparency and integrity to the derivatives markets. In the
meanwhile, the CFTC must be at full capacity to keep watch over the
markets. We are counting on Mr. Gensler to be a strong voice at the
helm of this important agency.
With that, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Georgia is
recognized.
Mr. CHAMBLISS. Mr. President, I will speak a minute on Mr. Gensler.
Before I do, I thank the chairman for making sure we got this
nomination to the floor for confirmation. We have wrestled with this
nomination for several months now, and I will talk about that.
CDC'S New Expanded Campus
I thank Senator Harkin also for coming to Atlanta last Friday. We had
a great tour of the new campus--the fully expanded campus at the
Centers for Disease Control, where we had the opportunity to talk with
folks firsthand who are dealing with the H1N1 virus. We both were
reinforced about the fact that issue is in the hands of highly skilled
professional people at the Centers for Disease Control. Senator Harkin
has been very much a supporter of the CDC for years in his position on
the Appropriations Committee. I thank him for taking time to come down
on a day that is very important to his family and to visit with us and
to also hold the nutrition hearing on the CDC campus. We had an
excellent hearing, and we are going to be working together to get our
nutrition reauthorization bill to the floor in the very near future.
Nomination of Gary Gensler
Mr. President, I rise to support the nomination of Gary Gensler to be
Chairman of the Commodity Futures Trading Commission. Mr. Gensler's
nomination comes at a critical time. Our Nation is facing very
challenging issues in trying to address this economic downturn. Many
businesses, as well as the economy, depend upon the commodity markets--
both physical and financial commodities--to help manage costs, to hedge
against risk, to access liquidity, and to stay competitive. It is a
time where we really need these markets to be performing at their best,
to be functioning transparently and without manipulation.
The CFTC has been operating with an Acting Chairman for approximately
23 months now and a fully confirmed commission has not been in
operation since 2006. This situation is largely due to the recurring
politics surrounding the nomination process. While not all Senators
will ever agree with everything that any nominee supports, I am very
concerned with the need to have a fully seated Commodity Futures
Trading Commission. The American people deserve no less, particularly
in these difficult times.
As Congress seeks to deal with the current economic crisis and
examines our financial system, it is absolutely essential that the CFTC
and the Senate Committee on Agriculture, Nutrition and Forestry are
engaged in the debate. Given our responsibility to ensure that the
commodity markets function properly, the CFTC must be engaged in
discussions occurring both within the administration and within
Congress relative to restructuring our financial system and products
that operate within it. The need for properly functioning commodity
markets is of utmost importance to those utilizing products based on
interest rates, exchange rates, debt, and credit risks.
Last year, we witnessed a major market disturbance and a subsequent
myriad of theories as to the cause of the meltdown. Economists will
study for years to theorize just exactly what caused the economy to
buckle when it did. In the meantime, we owe it to the American public
to ensure that the regulators who oversee these industries are properly
vetted and seated with the backing of the Senate.
Frankly, this vote has been too long in coming. One of President
Obama's first nominations for his new administration was that of Gary
Gensler to be Commissioner and Chairman of the CFTC. His nomination was
announced on December 18, 2008, and we officially received this
nomination on President Obama's first day in office--January 20, 2009.
For the last few years, I have witnessed the troubling trend of
stalled CFTC nominations. The process starts with the President sending
Congress the nomination, the Senate Agriculture Committee holds a
confirmation hearing, and that is as far as it goes. In the case of
Gensler, two of my Senate colleagues placed a hold on his confirmation,
which, in terms of Senate procedure, effectively stalls the nomination
in its tracks. This has happened with almost every nominee to the
Commission in recent years.
With Senate approval of this nomination, our job is still far from
complete in ensuring that the CFTC has a full slate of Commissioners.
We currently have two Commissioners with expired terms. I would
encourage the President to quickly send us the nominations of the two
remaining Commissioners so that we can act quickly on both of them. It
is my understanding that the President, if he hasn't already sent one
of those nominations over, will be sending one over today. I urge him
to send the second one so that we can deal with both of them at the
same time and for the first time in several years have a fully
confirmed and seated Commodity Futures Trading Commission.
With respect to Mr. Gensler, I have had the opportunity to visit with
him, to go through his hearing with him, and to observe him. He is
qualified, he is capable, he knows the issues, and he is prepared for
the job. I urge all of my
[[Page 12845]]
Republican colleagues to vote in favor of this nomination because I
think this is one time where we have the opportunity in a bipartisan
way to say to the President: If you send us reasonable and qualified
nominees, we are not going to stand in your way. We are not going to be
obstructionists. We are going to help you put the right kinds of people
in place.
I am very pleased to say--since we have had the vote today--that
every single Republican who voted today voted to confirm Mr. Gensler.
Let me close by talking for 1 second about the comments my colleague
from Iowa, Senator Harkin, made with respect to the overall financial
markets and our need to modify some of the regulatory process.
I agree with him that we need more transparency in the market. We
don't know--and I don't know that we will ever know--what caused this
meltdown last year, but the one thing I do know is that as policymakers
we have an obligation to make sure that when someone buys a product on
a commodities market, they should have the assurance that somebody from
a regulatory standpoint is looking over the shoulder of the individuals
who administer those markets, so that when they buy something, they
know it is exactly what was sold to them. They should have the
assurance that they are going to have the opportunity--with the risks
they have taken--to see that product either rise in value or sometimes
go lower in value but that it will be their decision that causes that
and not some manipulation of the market that causes that. The chairman
and I have some disagreements over the direction in which we go, but
there is no disagreement with the fact that there needs to be more
transparency in the market.
There are some customized products that are going to be very
difficult to regulate, and we have to be careful that we don't stifle
markets in this country. They have worked well for decades and decades,
and they will continue to work well if we make sure that we have the
right policies in place and that we don't let the Federal Government
get too much engaged in the process, to the point where these
individuals who make the decisions to trade on markets inside the
United States get the feeling that the Government is becoming too
engaged in the process and therefore they are going to take their
business elsewhere, which they can do. Every product that is bought on
the market in the United States can be bought in an overseas market. It
can be bought from New York City or my hometown of Moultrie, GA, just
as easily as it can be bought on the U.S. market. So we have to make
sure we regulate those markets in the right way but that we don't
overregulate them so that we drive those customers overseas to markets,
because we want to continue to encourage a strong and viable
commodities market in this country.
As we move through the process of seeking to change our regulatory
process, I look forward to working with the chairman, as well as any
number of other Members of this body who have a lot of information
about this issue. And believe you me, it is an extremely complex issue,
but it is one we need to address, and we need to make sure at the end
of the day that we have done our work in the right way and in a way
that will be complementary of the markets and not in a way that is
going to be conflicting toward the markets.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Udall of Colorado). The Senator from
Vermont.
Mr. SANDERS. Mr. President, for the past 5 months, I blocked
consideration of the nomination of Gary Gensler to head the Commodity
Futures Trading Commission, the CFTC. As a strong supporter of
President Obama, I took no particular pleasure in doing that. But given
Mr. Gensler's history as a senior executive of Goldman Sachs for 18
years and the role Mr. Gensler played in deregulating the financial
services industry as a senior Treasury Department official from 1991 to
2001, I did not believe Mr. Gensler was the right person at the right
time to help lead this country out of the financial crisis we find
ourselves in today. In my view, we need a new vision of what Wall
Street should be--one that is not obsessed with quick profits, bubble
economies, and huge compensation packages for top executives. We need
financial institutions which will invest in a productive economy and
which will help create millions of decent-paying jobs as we rebuild our
Nation and rebuild the middle class.
I am happy to say that last week I had a productive meeting with Mr.
Gensler, the second meeting I have had with him. While Mr. Gensler is
clearly not the nominee I would have chosen for this position, nor were
his answers all that I would have liked, there is no question in my
mind that he is a stronger nominee today than he was 5 months ago when
I first met him.
In preparation for the meeting last week, I outlined a number of
issues I wanted Mr. Gensler to respond to, and let me highlight some of
Mr. Gensler's written replies for my colleagues.
In terms of strongly regulating credit default swaps and other
derivatives--something Mr. Gensler opposed in the Clinton
administration--Mr. Gensler now says:
I believe we must urgently move to enact a broad regulatory
regime that covers the entire over-the-counter- derivatives
marketplace. As a key component of this reform, we should
subject all derivatives dealers to: Conservative capital
requirements; business conduct standards; recordkeeping
requirements, including an audit trail; reporting
requirements; and conservative margin requirements. I believe
that the CFTC should be provided with authority to set
position limits on all OTC derivatives to prevent
manipulation and excessive speculation. Such position limit
authority should clearly empower the CFTC to establish
aggregate position limits.
Mr. Gensler also wrote to me saying:
I will work closely with Congress to pass legislation that
will mandate registration of hedge fund advisers. In
addition, I will work with agency staff to review all
previously granted exemptions from registration.
Finally, Mr. Gensler told me in writing that he supports:
. . . actions to close the ``London loophole'' and ensure
that foreign futures exchanges with permanent trading
terminals in the U.S. comply with position limitations and
reporting and transparency requirements that are applied to
trades made on U.S. exchanges.
Mr. President, I ask unanimous consent to have printed in the Record
all of Mr. Gensler's written responses to me dated May 14, 2009.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Gary Gensler, Nominee for CFTC Chairman
(Response to Senator Sanders, May 14, 2009)
1. The CFTC should produce quarterly reports on its website
describing the role derivatives trading activities have in
influencing prices for each major energy commodity, including
home heating oil and crude oil.
I believe that we must urgently move to enact a broad
regulatory regime that covers the entire over-the-counter
derivatives marketplace. This regime should consist of two
main components. One component is the regulation of the
derivatives dealers themselves. The other component is the
regulation of the marketplace. I believe it is best that we
implement both of these complimentary components to bring the
needed transparency, accountability and safety to the trading
of OTC derivatives.
Market efficiency and price transparency for OTC
derivatives should be significantly enhanced by:
requiring the clearing of standardized products through
regulated central counterparty clearinghouses;
moving the standardized part of these markets onto
regulated exchanges and regulated, transparent electronic
trade, executions systems;
requiring development of a system for timely reporting of
trades and prompt dissemination of prices and other trade
information;
requiring that all OTC transactions, both standardized and
customized, be reported to a regulated trade repository; and
requiring clearinghouses and trade repositories to, among
other things, make aggregate data on open positions and
trading volumes available to the public and to make data on
any individual counterparty's trades and positions available
on a confidential basis to the CFTC and other regulators.
I also believe the CFTC should promote greater transparency
by providing more useful and comprehensive data to the
public. In my opinion, the rapid growth in commodity index
funds was a contributing factor to a
[[Page 12846]]
bubble in commodity prices--including home heating oil and
crude oil--that peaked in mid-2008. The expanding number of
hedge funds and other investors who increased asset
allocations to commodities also put upward pressure on
prices. Notably, though, no reliable data about the size or
effect of these two influential groups has been readily
accessible to market participants. I believe the CFTC should
promote greater transparency and market integrity by
regularly providing the public with better data regarding the
role of non-commercial traders in energy and other markets.
If confirmed, I will work with the Congress to provide the
CFTC with the additional authority it needs to improve the
transparency of the OTC derivatives market. I will also work
with the CFTC staff to use the tools at the agency's disposal
to protect consumers, investors, and farmers by promoting
transparency through more sophisticated data collection and
dissemination.
2. Establish conflict of interest rules and firewalls
limiting energy infrastructure affiliates from communicating
with energy analysts and traders.
I believe we need to adopt a comprehensive plan for the
regulation of over-the-counter derivatives markets. As a key
component of this reform, we should subject all derivatives
dealers to:
conservative capital requirements;
business conduct standards;
record keeping requirements (including an audit trail);
reporting requirements; and
conservative margin requirements.
The CFTC should have the authority to protect against
fraud, manipulation, excessive speculation, and other market
abuses within the OTC derivatives markets, including all
energy derivatives, and by the derivatives dealers.
Working with the Congress, such authorities to subject
dealers to business conduct standards and to protect against
market abuses could include the establishment of rules
relating to conflicts of interest. If confirmed, I look
forward to working with other Federal agencies and the
Congress to achieve these objectives.
3. (a) Work with the Federal Reserve to prohibit bank
holding companies from trading in energy commodity
derivatives markets and owning energy infrastructure assets.
Given the recent changes in the structure and composition
of the financial and energy industries this is an important
issue. Generally, I believe the CFTC must be ever vigilant in
its oversight to protect the public against fraud,
manipulation, excessive speculation, and other market abuses
in the energy, agricultural and financial commodity markets.
As described in my answers above, we need to adopt a
comprehensive plan for the regulation of over-the-counter
derivatives--including those trading energy derivatives. This
should subject all dealers, including those held by bank
holding companies, to a robust regime of prudential
supervision and regulation. More specifically, I believe that
derivatives dealers, including those held by bank holding
companies, should be subject to business conduct standards as
described in Question 2, and speculative position limits as
described below in Question 3(b).
If confirmed, I look forward to working with the Federal
Reserve, other regulators, the Administration, and the
Congress on this important issue.
(b) The CFTC should promulgate rules to make sure that all
bank holding companies that engage in derivatives trading are
subject to speculation limits.
A transparent and consistent playing field for all physical
commodity futures should be the foundation of the CFTC's
regulations. Position limits must be applied consistently
across all markets, across all trading platforms, and
exemptions to them must be limited and well defined.
As part of the comprehensive plan described above, the CFTC
should be provided with authority to set position limits on
all OTC derivatives to prevent manipulation and excessive
speculation. Such position limit authority should clearly
empower the CFTC to establish aggregate position limits
across markets in order to ensure that traders are not able
to avoid position limits in a market by moving to a related
exchange or market.
If confirmed by the Senate, I will ask the CFTC staff to
undertake a review of all outstanding hedge exemptions, to
consider the appropriateness of these exemptions, and to
evaluate potential practices for instituting regular review
and increased reporting by exemption-holders.
4. Mr. Gensler should work to promulgate regulations within
3 months to require hedge funds that are engaged in
derivatives trading to register with the CFTC.
The Administration has proposed that all advisers to hedge
funds (and other private pools of capital, including private
equity funds and venture capital funds) whose assets under
management exceed a certain threshold should be required to
register. If confirmed, I will work closely with the Congress
to pass legislation that will mandate registration of hedge
fund advisers as part of a comprehensive package of
regulatory reform. In addition, if confirmed, I will work
with the agency staff to review all previously granted
exemptions from registration as commodity pool operators.
Furthermore, as part of the comprehensive reform of the
derivatives market, the CFTC should have the authority to
police all activities in the OTC derivatives markets--
including transactions entered into by hedge funds. If
confirmed, I look forward to working with other Federal
agencies and the Congress to achieve these objectives.
6. Mr. Gensler should support revoking all ``no-action''
letters for Foreign Boards of Trade that solicit or accept
business from the U.S.
I support actions to close the ``London Loophole'' and
ensure that foreign futures exchanges with permanent trading
terminals in the U.S. comply with the position limitations
and reporting and transparency requirements that are applied
to trades made on U.S. exchanges. Furthermore, I believe any
foreign futures exchanges that have terminals in the United
States to which our investors have access and whose contracts
are based on the same underlying commodities should have
consistent regulation applied, including position limits.
If confirmed by the Senate, I look forward to working with
the Congress to give the CFTC unambiguous authority to
promulgate rules and standards to achieve these goals. Such
rules and standards governing treatment of Foreign Boards of
Trade should replace the issuance of ``no-action'' letters in
this regard.
Mr. SANDERS. Mr. President, needless to say, I am encouraged by the
commitments Mr. Gensler made to me to regulate hedge funds, to make
sure banks are not allowed to manipulate the price of heating oil and
crude oil, and to prevent the enormous conflicts of interest that exist
with respect to our energy markets, among many other things.
In addition, last week the Obama administration introduced a
comprehensive plan to--for the very first time--significantly regulate
credit default swaps and other over-the-counter derivatives. Exempting
these investments from regulation was a huge mistake that led to the
$180 billion taxpayer bailout of AIG, the collapse of Lehman Brothers,
and greatly contributed to the worst financial crisis since the Great
Depression.
Last March, I and a number of other Senators asked the President to
support strong regulations on these risky investment schemes. The
President's proposal accomplishes many--not all but many--of the goals
we have been advocating. While this plan is not as strong as I would
have written and may have loopholes in it that need to be closed, I
believe we are headed in the right direction to make sure a financial
crisis of this magnitude never occurs again.
As a result of the greed, the recklessness, and the illegal behavior
of Wall Street, our country has been thrown into a deep recession which
has caused intense suffering for millions of our people. We need to end
the current era of financial deregulation which largely caused this
crisis and move to a new Wall Street which understands the need for
long-term productive investment and job creation rather than short-term
profits, outrageous salaries, and a bubble economy. We need to break up
financial institutions that are too big to fail. If a company is too
big to fail, that company is too big to exist. We should do the same
thing to the banking industry that Teddy Roosevelt did to break up the
oil companies. And we should stand up today, on behalf of the American
people, to our modern-day robber barons. Most importantly, we need to
end the era of deregulation that has led to the worst financial crisis
since the Great Depression.
While I am still not convinced that Mr. Gensler is the independent
leader we need at this time to head the CFTC, the strong commitments he
has made recently in support of serious regulations of the financial
industry lead me to believe he now understands the direction we as a
nation have to go. Mr. Gensler certainly is a knowledgeable person and
he has the ability to do a very fine job if he is willing, in fact, to
stand up for the American people and assume the courage, the great deal
of courage, he will need to stand up to the very powerful financial
institutions which have so much control over what goes on here in
Congress. In fact, this may be Mr. Gensler's ``Nixon in China'' moment.
I hope this turns out to be the case, and I look forward to working
with Mr.
[[Page 12847]]
Gensler as he assumes the Chair of the CFTC.
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Ms. CANTWELL. Mr. President, I rise today to discuss the
administration's truly historic announcement last week that in writing
they supported bringing unregulated ``dark'' over-the-counter
derivative markets under full regulation for the very first time.
For months I have been urging the Obama administration to move
quickly and propose strong regulatory controls on these markets, to
require transparency in derivatives trading, and to restrict market
manipulation.
With the announcement last week by Secretary Geithner of these new
regulations, the administration has come down decisively against
dangerously unrestricted trading. They have come down on the side of
imposing order on a marketplace whose collapse made the current
recession much deeper and more painful for average Americans than it
needed to be.
The administration's commitment to bringing a ``dark'' market into
light is very important. Congress has received a written commitment
from the administration that they will bring the unregulated over-the-
counter derivatives market under full regulation for the very first
time.
This means they have correctly identified three goals of regulatory
reform of the over-the-counter derivatives markets. First, if Congress
and the administration push through, we will finally gain transparency
in the ``dark'' markets. All derivatives transactions and dealers will
be brought under prudent regulation and supervision. That means even
those that are customized derivatives, not just the OTC market; so
prudent regulation and supervision, including capital adequacy
requirements, antifraud and antimanipulation authority, very clear
transparency and reporting requirements.
Second, standardized trading of physical commodities and derivatives
will finally be required to trade on fully regulated exchanges.
Third, the administration is also committed to opposing position
limits on regulated markets to prevent any market player from amassing
large positions that can harm markets. I have received assurances from
the White House that the administration believes these position limits
should be applied in the aggregate across all markets.
I still remain concerned about Mr. Gensler's nomination to chair the
Commodities Futures Trading Commission. Mr. Gensler was at the
Department of the Treasury a decade ago and helped push through a bill,
passed by Congress, that provided an ironclad protection against the
regulation of financial products such as credit default swaps and
derivatives at the heart of this financial crisis. The unfettered
speculation that resulted helped bring about not only the energy crisis
in my region but decades of other problems that contributed to the
demise of AIG, Lehman Brothers, and Bear Sterns.
I believe we need new blood at the CFTC and all regulatory agencies.
We need people who will move us from a world of unregulated toxic
assets to a world of transparency and aggressive oversight. For nearly
three decades the financial industry has had its way in Washington,
successfully pushing deregulation in the name of innovation. Time-
tested regulatory policies that protected investors and consumers since
the Depression were systematically eroded. Many factors led to the
present economic meltdown, but we know that chief among them was the
policy advocated by Mr. Gensler of not fully regulating the derivatives
market.
A decade ago, at the end of the 106th Congress, in the dark of night,
Congress passed a law known as the Commodities Futures Modernization
Act. But instead of modernizing commodities trading, it took us back in
time to the day when securities trading was subject to wild
speculation. This law, backed by Mr. Gensler, provided ironclad
protection against regulation and oversight of derivatives and has
caused many problems. One courageous regulator at the time, then CFTC
chairwoman Brooksley Born, warned Congress and the financial community
that unregulated derivatives would expose the economy to serious
dangers. But some in Washington blocked her efforts, including many on
Wall Street. One high-ranking Treasury official charged with pushing
these deregulation bills through Congress was Gary Gensler, a former
high-ranking executive at Goldman Sachs. As Under Secretary of the
Treasury, Mr. Gensler testified before Congress that he opposed
regulating the derivatives market. Mr. Gensler, as we know, was wrong.
Just yesterday Brooksley Born received recognition for her courage in
standing up to the powerful financial interests in proposing tough
rules. She was presented with the Profile in Courage award by the John
F. Kennedy Foundation.
Remarkably, the Senate is now considering confirming Mr. Gensler to
serve as chair of the CFTC, the same agency Brooksley Born chaired and
the same agency Mr. Gensler worked so hard to defang in his previous
tenure as Under Secretary of the Treasury. That is why I oppose his
confirmation to run the CFTC at a critically important time when we
need more financial regulation in these agencies. In the months ahead I
will be looking forward to working with the CFTC and the President's
working group on financial markets and the Department of the Treasury
to actively engage Congress on the reforms that need to be passed into
law.
I will be looking to the CFTC to do its job, to prevent excessive
speculation from stopping the Nation's economic recovery.
I will be looking to Mr. Gensler to earn the trust of Congress and
provide oversight over the commodities and derivatives markets.
Mr. DURBIN. I rise to support the nomination of Gary Gensler for
Chairman of the Commodity Futures Trading Commission.
I have a keen interest in the leadership of the CFTC, based on my
chairmanship of the appropriations subcommittee that funds the agency
and because the state of Illinois is home to some of the most important
futures exchanges in the world. During this crisis of confidence in our
economic system, the CFTC needs a Senate-confirmed chairman at the helm
to oversee this complex and growing industry.
Mr. Gensler's experience includes stints on Wall Street, in the
Clinton Treasury Department, and with the Senate Banking Committee. He
knows how the world of futures trading works, and he understands how to
get things done at both ends of Pennsylvania Avenue.
He is going to need that expertise. Last week, Treasury Secretary
Geithner announced the administration's proposal for reregulating the
over-the-counter derivatives markets. If confirmed, Mr. Gensler will be
charged with implementing much of that vision. The proposal will
require far more transparency and responsibility from derivatives
traders that have long operated in the shadows. The massive derivatives
exposures taken on by AIG and other largely unregulated financial firms
can't continue. Mr. Gensler will be responsible for seeing to that.
Mr. Gensler will also be charged with eliminating the excessive
speculation in the oil and agriculture markets that helped lead to $140
barrels of oil last summer. I worked with many of my colleagues to
attempt to address that issue last year, and many regulatory
improvements were included in last year's farm bill. But the CFTC can
do more.
I met with Mr. Gensler in my office several months ago after
President Obama nominated him for this position. I asked him about his
role during the Clinton administration in which he advocated weakening
CFTC oversight over futures trading. Mr. Gensler admitted that those
reforms had gone too far, that he had learned from those mistakes, and
that more sensible regulation by the CFTC is needed. I expect him to
stick to that sentiment and to aggressively monitor trading under the
CFTC's jurisdiction.
I look forward to working with Mr. Gensler to ensure that the CFTC is
[[Page 12848]]
adequately funded and that the agency provides strong and sensible
regulation under his leadership. The future stability of our economy
depends on it.
Ms. MIKULSKI. Mr. President, I rise today in support of Gary
Gensler's nomination to be Chairman of the Commodity Futures Trading
Commission.
I have known Gary for many years--when he worked in the Senate during
the Clinton administration, and as a community leader in Maryland. I
know him to be a man of principle and great intelligence with a deep
understanding of all areas of domestic finance and how to turn ideas
into workable policy. During this time of great financial turmoil and
uncertainty, we need someone with these skills to lead the Commodity
Futures Trading Commission.
I enthusiastically support Gary Gensler's nomination for this
important position on President Obama's economic team, and I applaud
the administration for working to address my colleagues' concerns so
Gary can finally be confirmed.
I have three criteria for considering nominees: competence,
dedication to the mission of the department, and integrity. Gary
Gensler clearly meets these criteria. His experience in all areas of
domestic finance is stellar. He has worked in the executive branch, the
Congress and on Wall Street. He was a top economic adviser to Senator
Paul Sarbanes on the Senate Banking Committee. And he worked under
Larry Summers during the Clinton administration as Under Secretary of
Treasury.
The Commodity Futures Trading Commission is an essential part of the
financial regulatory system. Its decisions affect everyone who
purchases food or commodities including consumers and small businesses.
I have always stood for strong regulation with teeth. I applaud
President Obama for choosing an economic team that is committed to this
kind of reform. And I am convinced Gary will be a great asset in
carrying it out.
We faced similar challenges in 2003. Enron had just exposed giant
cracks in our regulations, flushed the savings of hundreds of thousands
of people, and put our broader economy at risk. Congress needed to act
boldly to set up new regulations, just as we do now. Those new
regulations were called Sarbanes-Oxley. They were championed by Senator
Sarbanes and his top economic advisor at the time--Gary Gensler. They
rewrote the rules of corporate America. They made business more
accountable, shined light where others were afraid to look and stood up
to big business.
Gary has integrity and a strong family. I have gotten to know Gary
and his family as his wife Franchesca struggled and succumbed to breast
cancer. I saw the strength of Gary and his three wonderful daughters:
Anna, Lee and Isabel. He has tried to help others whose loved ones have
cancer, and he was honored for his work on behalf of the American
Cancer Society.
President Obama has inherited a mess. Our economy is teetering and
people have lost faith in the institutions that are supposed to protect
them. We need a Chairman of the CFTC who will enforce our laws, reform
our regulatory system and guard us against fraud and abuse. I have full
confidence that Gary Gensler is up to this challenge. He will be a
strong, effective and reform minded Chairman of the Commodity Futures
Trading Commission. I urge my colleagues to support his nomination.
Mr. DODD. Mr. Chairman, I rise in support of the President's
nomination of Gary Gensler to be the Chairman of the Commodity Futures
Trading Commission. I have known Gary for some time and believe he is a
dedicated and thoughtful public servant who has emerged over the years
as a leader within his field and a person of real integrity.
Mr. Gensler's previous career with the investment banking firm of
Goldman Sachs and in the Treasury Department, as well as his new work
assisting this administration, along with his intelligence, experience
and personal skills, will enable him to be an effective Chairman of the
CFTC.
I am aware of his work in connection with the Commodity Futures
Modernization Act of 2000, a bill that contributed to deregulation of
derivatives markets. With the benefit of hindsight, we can see the
harms that an absence of regulation over credit default swaps, for
example, can cause and the need for regulation in the derivatives
markets. I have talked with him about these regulatory issues, and I
know he recognizes the importance of an energetic, assertive regulatory
approach.
I fully expect Mr. Gensler to use his talents and skills to
effectively regulate the markets, learn from the past and exercise his
clear and independent judgment to protect and promote the integrity of
the futures markets, and to protect taxpayers. I expect the Senate will
continue to exercise oversight of decisions made by the CFTC that may
impact the broader financial markets.
Mr. DORGAN. Mr. President, I wish to address today's vote to confirm
Mr. Gary Gensler as a Commissioner and Chairman of the Commodities
Futures Trading Commission, CFTC. I have serious reservations about
this nomination and am voting against it. Let me explain why.
Mr. Gensler was a key proponent of deregulation in the late 1990s and
he specifically advocated that swaps and other derivatives not be
regulated. I had the opposite view. I argued at the time that such
deregulation would result in banks making very risky bets which would
ultimately lead to massive taxpayer bailouts to save the financial
system.
I regret that I was right. We now know the disastrous consequences of
the push to deregulate. We will long regret repealing the protections
put in place after the Great Depression of the 1930s and the view that
the market knows best and regulation was the enemy.
The costs for these views and actions have been monumental. Taxpayers
and American families have paid the price. Our government has spent,
lent or guaranteed more than $13 trillion responding to the financial
meltdown. In addition, U.S. household wealth has decreased by almost
$13 trillion as home values plummet and stock markets crash.
But, that is not all. As our gross domestic product goes down, our
unemployment rate goes up, getting close to 10 percent, and, when
combined with those working part time who want to work full time, is
actually higher than 15 percent.
However, we must not forget that the real cost of these disastrous
policies is much more than dollars and statistics. The real costs are
lifetime savings vanished, jobs lost, careers shattered, homes
foreclosed, neighborhoods destroyed, retirements deferred, colleges
unaffordable and the American dream for too many of our neighbors
devastated.
Now that all this wreckage has happened and now that he has been
nominated for the CFTC, Mr. Gensler has stated that he has changed his
views on the need for and importance of regulation. I welcome those new
views and look forward to him putting his words into action. If he
does, I will be one of the first to come to the floor to applaud him.
I met with him privately and Mr. Gensler was candid and forthright
about changing his views. In our meeting and in his testimony before
the Senate Agriculture Committee, Mr. Gensler made clear that he now
understands how important the CFTC is as one of the key regulatory
agencies charged with protecting the integrity of our markets.
I stressed to him that America can no longer afford a do-nothing
CFTC. The CFTC has to be a cop on the beat. It has to vigilantly
monitor the commodities markets and aggressively act to ensure that
they are not being manipulated or distorted by speculators or anyone
else. It has to act quickly in an unbiased and nonideological manner to
protect those markets and consumers.
In my view, Mr. Gensler does not have to wait to put his words into
action. Last year, the CFTC acted like the three monkeys: see nothing,
hear nothing, and do nothing, as oil prices
[[Page 12849]]
skyrocketed from $50 to almost $150 and a gallon of gas approached $5.
Like a parrot, the CFTC said over and over this was caused by the
fundamentals of supply and demand, ignoring all facts to the contrary,
including massive speculation from Wall Street pouring investment cash
into the commodities markets.
The CFTC must investigate whether or not speculators were able to
manipulate and distort the commodities markets. I believe they did and
they will do it again unless they are thoroughly investigated by an
agency that takes its mission to protect markets and consumers
seriously.
While I am prepared to be surprised by Mr. Gensler and I hope I am, I
simply cannot vote for someone to lead such an important agency after
he had such a critical role in ensuring that derivates were not
regulated, which caused so much devastation across our country. I look
forward to Mr. Gensler proving my concerns unwarranted.
Mr. CARDIN. Mr. President, I have known Gary Gensler for many years
in both a personal and professional capacity and I believe he is an
ideal choice to chair the Commodity Futures Trading Commission, CFTC.
He will draw on his many years of experience to help the President
create a 21st century regulatory framework to ensure that an economic
crisis like the one we are experiencing will not happen again. Today,
we face a crucial time for the commodities markets, for our financial
system, and for our entire Nation. The failure of the regulatory
framework that governs our financial markets helped create the current
economic crisis.
As we look forward to fixing the systemic problems in our Nation's
economy, the CFTC Chairman will play a crucial role. We need someone
with the tremendous depth and breadth of experience that Gary Gensler
possesses. Gary served in the Department of Treasury from 1997 to 2001,
first as Assistant Secretary for Financial Markets and later as Under
Secretary for Domestic Finance. As Under Secretary of the Treasury,
Gary was the senior adviser to Treasury Secretary Robert Rubin and
later to Secretary Lawrence Summers on all aspects of domestic finance.
The office was responsible for formulating policy and legislation in
the areas of U.S. financial markets, public debt management, the
banking system, financial services, fiscal affairs, Federal lending,
and government-sponsored enterprises. In recognition for this service,
Gary was awarded Treasury's highest honor, the Alexander Hamilton
Award. He subsequently acted as a senior adviser to Senator Sarbanes,
who chaired the Senate Banking Committee, on the Sarbanes-Oxley Act,
which reformed corporate responsibility, accounting, and securities
laws. More recently, Gary led the Securities & Exchange Commission
Agency Review Team for the Obama-Biden Presidential Transition Team.
Before Gary joined Treasury, he worked on Wall Street for 18 years at
Goldman Sachs. He became a partner at the age of 30--at that time, one
of the youngest partners in the firm's history. He joined the firm in
the mergers and acquisitions department in 1979 and assumed
responsibility for the firm's efforts in advising media companies in
1984. He subsequently joined the fixed income division in the mortgage
department and then directed Goldman's fixed income and currency
trading efforts in Tokyo during two record years. His last role was
cohead of finance, responsible for worldwide controllers and treasury
for Goldman Sachs.
Gary graduated summa cum laude from the University of Pennsylvania's
Wharton School in 1978, with a bachelor of science in economics. He
received a master's of business administration from the Wharton
School's graduate division in 1979 and passed the Certified Public
Accountancy exam. Gary is a member of the board of Enterprise Community
Partners, the Park School, the RFK Memorial Foundation, and the
Washington Hospital Center. He also serves as audit committee chair of
Strayer Education, Inc., and WageWorks, Inc., and he serves on advisory
boards for Johns Hopkins University Center for Talented Youth and New
Mountain Capital. He previously was treasurer of the Baltimore Museum
of Art and The Bryn Mawr School, as well as a board member of East
Baltimore Development, Inc., and the University of Maryland Baltimore
County.
We all know that we face a grave time for our economy. But we also
face a time of tremendous opportunity to learn from past mistakes and
make certain they are not repeated. I know that Gary Gensler will draw
on his many years of experience in the public and private sectors to
help the new administration guide our economy through these troubled
times to a stronger future.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LEGISLATIVE SESSION
The PRESIDING OFFICER. Under the previous order, the Senate will
resume legislative session.
____________________
HELPING FAMILIES SAVE THEIR HOMES ACT OF 2009
The PRESIDING OFFICER. Under the previous order, the Senate concurs
in the amendment of the House to S. 896, and the motion to reconsider
is considered made and laid upon the table.
____________________
SUPPLEMENTAL APPROPRIATIONS ACT, 2009
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to Calendar No. 63, H.R. 2346, the Supplemental Appropriations
Act, and that once the bill is reported, Senator Inouye be recognized
to call up the substitute amendment which is at the desk and is the
text of the Senate committee-reported bill, S. 1054; that the
substitute amendment be considered and agreed to; the bill, as amended,
be considered as original text for purpose of further amendments; and
that no points of order be waived by virtue of this agreement.
The PRESIDING OFFICER (Mr. Kaufman). Without objection, it is so
ordered.
Mr. REID. Before Senator Inouye is recognized, let me say to the
Senate, this is one of the most crucial pieces of legislation we will
deal with this entire Congress. It involves funding of the troops in
Iraq and Afghanistan. We wish to make sure everyone who has any concern
about any provision of this bill has the opportunity to try to change
it any way they want. We want to get this done as quickly as possible.
We want to make sure everyone has the opportunity to do what they
believe is appropriate. Finally, what I wish to say is, we are very
fortunate, as a Senate and a country, to have the two managers of this
bill. I have stated many times my affection and admiration for Senator
Inouye. He is a person whom the history books have already written
about. Not only is he a heroic person in the fields of war but also in
the fields of legislation. His colleague, Senator Cochran, is a person
who has wide respect on both sides of the aisle. He is someone I have
traveled parts of the world with. I have been working with him for a
quarter of a century. He has been here longer than I have, but that
doesn't take away from the fact that I recognize what a good Senator he
is and how fortunate are the people in Mississippi to have him working
on this legislation and all other matters. He is someone I can go to
and there is no flimflam with Cochran. He tells you: I can't help you,
here is what I want you to do. I think we will be well served during
this debate.
The PRESIDING OFFICER. The Republican leader.
Mr. McCONNELL. Mr. President, I say to my good friend the majority
leader, I understand he has laid down an amendment to be offered by the
[[Page 12850]]
chairman of the Appropriations Committee, our good friend from Hawaii,
and Senator Inhofe related to Guantanamo. I am pleased the majority has
recognized that the President's policy of putting an arbitrary deadline
on the closing of Guantanamo is a mistake. A first step toward moving
us in the direction of getting a new policy is to prevent funding in
this bill or any other bill from being used for the purpose of closing
Guantanamo. What we need to remember is that Guantanamo is a $200
million state-of-the-art facility. It has appropriate courtrooms for
the military commissions we established a couple years ago at the
direction of the Supreme Court. No one has ever escaped from
Guantanamo.
We need to think, once again, about the rightness of the policy of
closing this facility. It presents an immediate dilemma. Among the 250
or so people who are left there now are some of the most hardened
terrorists in the world, people who planned the 9/11 attacks on this
country. We know how the Senate feels about bringing them to the United
States. We had that vote 2 years ago. It was 94 to 3 against bringing
these terrorists to the United States. What we need is to rethink the
policy of closing this facility. If our rationale for closing it is to
be more popular with the Europeans, I must say we don't represent the
Europeans. We represent the people of the United States. We have a
pretty clear sense of how the people in this country feel about
bringing these terrorists to the United States.
I congratulate our good friends in the majority. They are heading in
the right direction. We know the President on national security issues
has shown some flexibility in the past. For example, he changed his
position on releasing photographs of things that occurred at Abu
Ghraib. He changed his position on the using of military commissions
and has now rethought that and opened the possibility that maybe
military commissions established by the previous administration and
this Congress are a good way to try these terrorists. He rethought his
position on Iraq and moved away from an arbitrary timeline for
withdrawal. We know he has now ordered a surge in Afghanistan led by
the same people who orchestrated and led the surge in Iraq which was so
successful. So the President has demonstrated his ability to rethink
these national security issues.
I am confident and hopeful he will now, getting this clear message
from both the House and the Senate on the appropriations bill, begin to
rethink the appropriateness of an arbitrary timeline for the closing of
Guantanamo.
I fully intend to support this amendment. I hope all Members of the
Senate will. I thank Senator Inouye and Senator Cochran, who is here,
for their leadership on this bill. I particularly thank Senator Inhofe,
who has been one of our leaders on this subject for a long time and
reminded everyone today that he was down at Guantanamo not too long
after 9/11 and has been there a number of times. I have been there
myself. We all know it is a state-of-the-art facility in which the
detainees are appropriately and humanely treated.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Mr. President, I have never known John McCain or certainly
President Bush to base their foreign policy on how the Europeans felt.
Certainly, President Obama also bases his not strictly on how the
Europeans feel about anything he does. I agree with President Bush and
John McCain that Guantanamo should be closed. And we Democrats believe
that President Obama is following the direction of others who have laid
out the fact that it should be closed.
The decision to close Guantanamo was the right one. Guantanamo makes
us less safe. However, this is neither the time nor the bill to deal
with this. Both Democrats and Republicans agree. The Democrats, under
no circumstances, will move forward without a comprehensive,
responsible plan from the President. I believe that is bipartisan in
nature. I think the Republicans agree with that. And we will never
allow terrorists to be released into the United States. That is what
this is all about.
I think this is the best way to approach this. I think the President
will come up with a plan. Once that plan is given to us, then we will
have the opportunity to debate his plan. Now is not the time to do it.
The PRESIDING OFFICER. The Republican leader is recognized.
Mr. McCONNELL. Mr. President, I will add that both President Bush and
Senator McCain indicated they would like to close Guantanamo but never
suggested a specific time for doing it. The reason for that is they
were confronted with the realities of this decision. If there were a
specific timeline, it was difficult to figure out what to do with the
detainees.
In addition to that, this administration--at least the Attorney
General--has indicated there is a possibility they are going to allow
some of the Chinese terrorists, the Uighars, to be released in the
United States not in a prison. In other words, presumably they would be
walking around in our country. So this issue is not totally behind us.
Again, I congratulate our friends on the other side for their
movement on this issue. All these problems have not yet been solved. We
all want to protect the homeland from future attacks. We know
incarceration at Guantanamo has worked. No one has ever escaped from
Guantanamo.
We know what happened when you had a terrorist trial in Alexandria,
VA. Ask the mayor of Alexandria. The Moussaoui trial--it made their
community a target for attacks. When they moved Moussaoui to and from
the courtroom, they had to shut down large sections of the community.
It raises all kinds of problems if you bring a terrorist to U.S.
soil, about whether they are going to be granted, in effect, more
rights by having the Bill of Rights apply to them in a Federal court
system than a U.S. soldier tried in a military court. There are lots of
very complicated issues, which led both Senator McCain, who is fully
able to speak for himself on this issue, and President Bush to never
put a specific timetable for closure. That is the difference between
their position and the position of the President.
Having said that, the President has demonstrated, as I said earlier,
a lot of flexibility on these national security issues. I am hopeful he
will continue to work his way in the direction of a policy that will
keep America safe.
Mr. President, I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 2346, which the clerk will report.
The bill clerk read as follows:
A bill (H.R. 2346) making supplemental appropriations for
the fiscal year ending September 30, 2009, and for other
purposes.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, I wish to thank both leaders of the Senate
for their gracious remarks.
Today, the Senate will begin to consider the request for supplemental
appropriations for fiscal year 2009. As we all know, the President has
requested $84.9 billion in new budget authority, first, to cover the
costs of ongoing operations in Iraq and Afghanistan, and it includes
funds for the supporting costs to those operations, and to prepare for
natural disasters, including wildfires and the swine flu. In addition,
last Tuesday, the administration requested proposals to increase the
borrowing power of the International Monetary Fund. This proposal would
cost $5 billion under the scoring of the Congressional Budget Office.
After reviewing the President's request, the proposals made by the
committee and included in the recommendation before you total $91.3
billion, $1.3 billion above the President's estimate. This amount is
$5.4 billion below the measure just passed by the House. I would point
out that the House did not consider the $5 billion request for the IMF
by the administration.
The President requested funding in four basic areas: national
defense, international affairs, protection against swine flu, and
funding in response to natural disasters, all of which I will briefly
discuss.
[[Page 12851]]
The President's request included $73.7 billion for items under the
jurisdiction of the Defense Subcommittee. The committee has provided
$73 billion for this purpose. The remaining $700 million was requested
for programs that more appropriately are funded by other subcommittees,
such as Military Construction; Commerce, Justice, State; and Homeland
Security. So in this mark, we recommend transferring these funds to the
relevant subcommittees.
I would note there are several differences between the specific items
requested and the amounts recommended by the committee. For example,
the committee recommended $1.9 billion to cover the costs of higher
military personnel retention and other necessary personnel bills.
We provide an additional $1.55 billion for the purchase of the all-
terrain MRAP vehicle and $500 million for equipment for our National
Guard and Reserve forces. The committee also addressed the readiness
needs of the Navy and provides for an increase in the enhancement of
our intelligence surveillance and reconnaissance capabilities.
For the Department of State and other international affairs funding,
including the IMF, the committee recommends $11.9 billion, nearly the
same as the amount requested. The committee recommendation is similar
to that requested, but I would note that additional funding has been
allocated for Jordan and for the Global AIDS Program within the overall
total.
For military construction, the committee is recommending $2.3
billion, about the same as that sought by the administration.
The committee has recommended $1.5 billion, as requested, for the
swine flu, and has worked with the administration to identify the best
allocation of these resources among the relevant Federal agencies.
Funding of $250 million is recommended for fighting wildfires, and
$700 million is provided for international food assistance under PL-
480.
The committee has responded to damage caused by natural disasters by
adding nearly $900 million to the amount requested for damage from
flooding in the Midwest and in response to Hurricane Katrina.
Each subcommittee was tasked with reviewing the President's request
in their jurisdiction and recommending funding both for items in the
request and other items necessary to meet legitimate emergency needs.
The vice chairman, Senator Cochran, and I also offered each
subcommittee the opportunity to recommend earmarks or other
nonemergency increases so long as the costs were offset within existing
funding.
As the Senate considers this bill, I would point out that under the
budget resolution, any item which seeks to add funding to the bill will
be subject to a Budget Act point of order unless it is offset.
This is an important bill which responds to the requirements of our
men and women in uniform and to members of our population who have been
ravaged by natural disasters. It also seeks to protect our people and
our country with funding to deter wildfires and the swine flu, in
addition to terrorists.
This is a good bill. It is necessary to deal with a myriad of
problems. We should act expeditiously to pass it, get it to conference,
and on to the President for his signature. Therefore, I join my leaders
in urging my colleagues to help us attain quick passage of this very
important measure.
Mr. President, I yield to the vice chairman of the committee.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, I am pleased to join the distinguished
chairman of the Committee on Appropriations in presenting to the Senate
the fiscal year 2009 supplemental appropriations bill. This bill
includes funding to combat violent extremism in Iraq and Afghanistan,
and supports other emergency requirements both at home and abroad.
This bill includes funding for the men and women in the Armed Forces
and our diplomatic corps, and gives them the resources necessary to
carry out the missions assigned to them by our Government.
I commend the distinguished chairman for moving this bill in a timely
manner to ensure that our service men and women have the resources they
need while still allowing time for the Senate to carefully consider the
bill.
I hope this year we can complete action on the supplemental in time
to avoid putting the Secretary of Defense in a position where he is
compelled to postpone acquisitions or transfer funding between
accounts, and take other inefficient steps to maintain the flow of
resources to our troops in the field.
This bill contains several important initiatives that will strengthen
our military's ability to prosecute its mission and improve the overall
readiness of our forces. Several of these priorities were identified by
the Department of Defense but were not included in the President's
request. We were able to fund these additional needs while staying
within the overall spending level requested by the President for
Defense programs.
The bill contains more than $18 billion for military pay and
benefits, including $1.9 billion to cover shortfalls not requested by
the administration. The bill also includes funding for continued
operations, equipment repair and replacement, and enhanced support to
wounded warriors and military families.
The bill contains $4.2 billion for mine resistant ambush protected
vehicles. This recommendation is $1.5 billion more than the
administration's request and will help speed the delivery of an ``All
Terrain'' version of the vehicle to Afghanistan where harsh terrain
challenges the mobility of our forces.
The committee also recommends $332 million above the President's
request to fund urgent requirements identified by the Secretary of
Defense's Intelligence, Surveillance, and Reconnaissance Task Force.
These funds will be used to procure additional sensors, platforms, and
communication systems that are critical for finding and neutralizing
al-Qaida and insurgent forces.
To maintain the readiness of our forces, the bill includes an
additional $246 million above the President's request for the Navy's P-
3 surveillance aircraft. These planes are not only used for maritime
patrol, but also to support Army and Marine ground forces in Iraq and
Afghanistan. The funds will allow the Navy to procure wing kits needed
to address structural fatigue issues that have led to the grounding of
many of these aircraft.
The committee also recommends $190 million above the President's
request for ship depot maintenance to address damage done to three Navy
vessels during recent mishaps. These repairs are truly unforeseen
emergencies, and the funds in this bill will help ensure these ships
return to the operational fleet as soon as possible.
Although the President's request did not include funding in the
National Guard and Reserve equipment account, the committee recommends
$500 million. Currently there are over 140,000 National Guard and
Reserve personnel activated. This funding will help ensure those
personnel have the resources necessary to perform their duties. These
funds will be used to procure equipment for National Guard and Reserve
units to be used to support combat missions and taskings from State
Governors.
The Defense title also contains $400 million for the Pakistan
Counterinsurgency Capability Fund. This new initiative proposed by the
President is intended to bolster efforts to eliminate terrorist safe
havens in the rugged border region of Pakistan and Afghanistan. I
understand the legitimate concern raised by Senators who believe that
such a program should be administered by the Department of State, but I
believe the needs of the commanders on the ground warrant short-term
funding for the Defense Department until this program can be
effectively transferred to the State Department.
While this supplemental is predominantly focused on American efforts
abroad, I am pleased that the bill also responds to emergencies here at
home. The bill includes several provisions to aid in my State's ongoing
recovery from Hurricane Katrina, including funding to restore the
federally owned
[[Page 12852]]
barrier islands that serve as the first line of protection for the
Mississippi coastline. These islands were significantly diminished by
Katrina, and according to a Corps of Engineers' study their restoration
will go a long way toward mitigating future damage.
I greatly appreciate the bipartisan manner in which the chairman
worked with me and other members on our side in crafting this bill. He
and his staff have been very open to requests, even while producing a
bill that adds very little to the top-line amount requested by the
President.
In this bill, Chairman Inouye made a sincere effort to respond to
security concerns at Guantanamo Bay without denying outright the
resources requested by the President to analyze and implement closure
of the facility. I understand, however, that the funding and language
relating to Guantanamo remain controversial. I anticipate these matters
will be thoroughly discussed and that several Senators are likely to
propose amendments.
Senators may also have amendments relating to the International
Monetary Fund. The bill reported by the committee includes language
sought by the President to expand the United States commitment to the
IMF. This request was submitted only a week ago, and there was very
little time prior to the committee markup in which to consult with the
relevant authorizing committees and other experts. I am not aware that
there have been Senate hearings on this request. I look forward to
further discussion of this important subject, but wish to express my
concern that the manner in which this request has been presented could
endanger the timely enactment of this supplemental. I hope that is not
the case.
I would like once again to thank the Senator from Hawaii for the
manner in which he has put this bill together. I look forward to
working with him to get the bill to the President in a timely fashion,
and to beginning work in earnest on the regular fiscal year 2010
appropriations bills. We have a busy summer ahead of us.
I urge my colleagues on the Republican side who may have amendments
to the supplemental to contact us so that we can make efficient use of
the Senate's time.
Mr. President, I know the Senator from Oklahoma wants to make a
comment. I will yield first, though, to the distinguished chairman.
The PRESIDING OFFICER. The Senator from Hawaii.
Amendment No. 1131
(Purpose: In the nature of a substitute)
Mr. INOUYE. Mr. President, I send an amendment to the desk on behalf
of Senator Cochran and myself and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Hawaii [Mr. Inouye], for himself and Mr.
Cochran, proposes an amendment numbered 1131.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDING OFFICER. Under the previous order, this amendment is
adopted and is considered as original text, with no points of order
being waived.
Mr. INHOFE. Mr. President, will the Senator yield?
Mr. INOUYE. Mr. President, I am pleased to yield.
Amendment No. 1133
Mr. INHOFE. Mr. President, I am a little confused as to where we are.
I have an amendment I do want filed. It is amendment No. 1132 at the
desk right now. I say to the senior Senator from Hawaii that it is
essentially the same thing as the wording of an amendment he will be
bringing up.
My request of the Senator--and I cleared this with the Senator from
Mississippi--is that I be the first cosponsor on his amendment so that
it would be the Inouye-Inhofe amendment.
Mr. INOUYE. No question about that. Is it the pending amendment at
this moment, the Inouye-Inhofe amendment?
Mr. INHOFE. Mr. President, I can clarify this. I had sent my
amendment to the desk, which we don't plan to take up, but I wanted it
filed because we have a number of cosponsors who, I am sure, will want
to join me in cosponsoring the Inouye amendment, since it is the same
amendment.
Amendment No. 1133
The PRESIDING OFFICER. The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Hawaii [Mr. Inouye], for himself and Mr.
Inhofe, proposes an amendment numbered 1133.
The amendment is as follows:
(Purpose: To prohibit funding to transfer, release, or incarcerate
detainees detained at Guantanamo Bay, Cuba, to or within the United
States)
Strike section 202 and insert the following:
Sec. 202. (a)(1) None of the funds appropriated or
otherwise made available by this Act or any prior Act may be
used to transfer, release, or incarcerate any individual who
was detained as of May 19, 2009, at Naval Station, Guantanamo
Bay, Cuba, to or within the United States.
(2) In this subsection, the term ``United States'' means
the several States and the District of Columbia.
(b) The amount appropriated or otherwise made available by
title II for the Department of Justice for general
administration under the heading ``salaries and expenses'' is
hereby reduced by $30,000,000.
(c) The amount appropriated or otherwise made available by
title III under the heading ``Operation and Maintenance,
Defense-Wide'' under paragraph (3) is hereby reduced by
$50,000,000.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, this amendment has been discussed rather
fully by our two leaders.
I now yield to Senator Inhofe.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. INHOFE. Mr. President, I thank the Senator for yielding.
First of all, I heard the dialogue going back and forth on the
amendment and the positions taken several times in statements made, and
there are several people in this Chamber who want to close Guantanamo
Bay.
Let me make it very clear: I have never had any intentions of wanting
to close it. I keep asking: What would be the reason someone would want
to close an asset that we have that can't be replaced anywhere else? My
feeling was since there was no answer to that, and since this is one of
the few good deals, I say to both the distinguished chairman and
ranking member of the Appropriations Committee: Have you ever had a
better deal than this?
It costs us $4,000 a month, the same price it cost us back in 1903,
and it is a great $200 million facility. It has facilities to try these
cases. They have the expeditionary legal complex there, which they
don't have anyplace else. So if you close that down, you couldn't have
the tribunals. Somehow they might end up being--I am talking about the
terrorists--in our court system, in which case the rules of evidence
are different.
So for any number of reasons, and because everyone who goes down
there--and I am talking about even Al-Jazeera the media goes down and
comes back and shakes their heads and wonders why we would want to
close it.
So I want to go on record that I want to go further than just not
funding Guantanamo, but also what we are going to be doing with some
245 detainees. Hopefully, we can end this discussion about closing an
asset that has served us very well for a number of years.
So I wholeheartedly support the Inouye amendment, which is the same
language I had in my amendment. I think that will pretty much
accomplish what I wish to accomplish.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senator
from Alabama, Mr. Shelby, be added as a cosponsor to this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. INHOFE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Mr. President, let me do this, if it is all right with
the Senator from Hawaii. There are apparently
[[Page 12853]]
several people wanting to come down and speak on this bill, and I think
Senator Durbin is going to be coming down. So while we are waiting,
instead of sitting in a quorum call, let me mention that on my bill we
had Senators Barrasso, Brownback, DeMint, Johanns, Roberts, Thune,
Vitter, Sessions, Cornyn, Coburn, Hutchison, and Bennett, I believe,
who all wanted to be or were cosponsors of my amendment.
Since this is the same amendment, they also requested that--some of
them wanted to come down and speak on behalf of this amendment. So if
it is acceptable, we could wait until they get down here. Until they
do, I wish to perhaps elaborate a little bit more about what is
existing there right now in terms of any problems.
A lot of times people are talking about maybe this is perceived by
Europeans, or somebody else, to be an institution that sometimes is
perhaps guilty of or accused of torturing detainees. Let me assure my
colleagues that has never happened. There has never been a case of
waterboarding.
Most of the people who have come back--including Eric Holder, the
Attorney General--came back with a report that the conditions and the
circumstances under which these detainees exist are probably better
than any of our Federal courts. Right now, there is one doctor for
every two detainees, and they are giving them treatments they never had
before. I have been down there numerous times only to find out that
their treatment--the food they are eating and all of that--is actually
better than they had at any other time during their lifetimes.
So it is very difficult to look at a suggestion such as this. Seeing
where this, to me, is the only place in the world where they actually
are set up to handle these types of detainees, the suggestion was made
that perhaps they wanted to--they were looking for 17 places in the
continental United States to put these detainees. My view at that time
was that we would end up having 17 targets for terrorism.
One of those places they suggested was in my State of Oklahoma at
Fort Sill. So I went down to Fort Sill to look at the detainee facility
there. Sergeant Major Carter, who is in charge of it, said to me:
Senator, why in the world would they close down Guantanamo?
She said: I have been there on two different tours and there is no
place that can handle detainees better. Besides that, there is a court
system there where they can actually conduct tribunals, and there
certainly is not in Fort Sill, OK.
So in support of what we are doing with this amendment, some 27
States now have expressed themselves that they don't want to have these
detainees, any of them, in their States. We are talking about State
legislatures. So that is over half of the State legislatures that are
saying they wouldn't want to do that.
So I think if we have an asset, if we have something that is working,
we are in a position to keep detainees there. Some of them have to be
there for a long period of time. The only choice would be to keep them
there or to try them. If you try them and there is no way of disposing
of them after the trial, they would have to go back.
Right now, of the 245 detainees, there are 170 of them whose
countries would not take them back. So you have to ask the question:
What would we do with them?
So the bottom line is this: It is a state-of-the-art prison. People
are treated right. They have proper medical care. They have better food
than most of them have ever had before. Besides that, some of these are
the Khalid Sheikh Mohammed-type of individuals whom we want to be sure
don't get in the wrong court system where something could happen to
them.
So of the 240 detainees now, 27 are members of al-Qaida's leadership
cadre, 95 lower level al-Qaida operatives, 9 members of Taliban's
leadership cadre, 92 foreign fighters--that is 38 percent of all of
them--and 12 Taliban fighters and operatives. These people are tough
guys. We are going to have to do something with them. So I do support
the Inouye-Inhofe amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, I wish to speak to the pending amendment.
The PRESIDING OFFICER. The Senator is recognized.
Mr. DURBIN. Mr. President, I want to commend the chairman of the
Appropriations Committee, Senator Inouye, for this amendment he has
offered. President Obama is formulating a plan in terms of the future
of the Guantanamo Bay detention facility and any appropriation at this
moment would be premature. We should wait until the administration
submits that plan and then try to work to implement that plan on a
bipartisan basis.
What I find incredible are the Members of the Senate who are coming
to the floor and basically suggesting that the Guantanamo detention
facility should stay open indefinitely; that there is no reason to
close Guantanamo. I don't understand that thinking. Wasn't it President
Bush of the Republican Party who called for closing Guantanamo? I
thought he did. In fact, he did. I don't recall the Republican Senators
standing up at that point and objecting when President Bush said that
was his goal, to close Guantanamo.
Mr. INHOFE. Will the Senator yield?
Mr. DURBIN. No, I will yield when I am finished.
When President Obama was elected, he made it clear that we were going
to have a clean break from some of the policies of the past and we were
going to try to reestablish America's position in the world--a position
of leadership and respect. I think that is a goal Americans heartily
endorse, both political parties and Independents as well. The results
of the November 4 election last year indicate that.
When President Obama took office and said that the Guantanamo Bay
detention facility would be phased out over a 1-year period of time,
when he said we were going to do away with some of the interrogation
techniques that had become so controversial, I felt it was a statement
of principle and it was, practically speaking, important for our Nation
to do.
Arthur Schlesinger, Jr., a historian who died a couple of years ago,
wrote histories of the United States beginning with the age of Jackson
through F.D.R. and John F. Kennedy. Before he died, he said:
No position taken has done more damage to the American
reputation in the world--ever.
The tragic images that emerged from Abu Ghraib and the stories that
came out afterwards, unfortunately, left an impression in the minds of
people around the world that was mistaken--an impression that we were
not a caring, principled people.
I think President Obama's decision to move forward toward the closing
of the Guantanamo Bay detention facility was the right decision, but it
wasn't just President Obama who came to that conclusion. Closing the
Guantanamo Bay detention facility is an important national security
priority for our Nation. Many national security and military leaders
agree that closing Guantanamo will make us safer.
Let me give a few examples: General Colin L. Powell, the former
Chairman of the Joint Chiefs of Staff and former Secretary of State
under President Bush, Republican Senators John McCain and Lindsey
Graham, and former Republican Secretaries of State James Baker, Henry
Kissinger, and Condoleezza Rice.
The two most vocal supporters of keeping Guantanamo open are former
Vice President Dick Cheney and talk show host Rush Limbaugh. With all
due respect, when it comes to the national security of the United
States of America, I will side with Colin Powell and John McCain over
Vice President Cheney and Rush Limbaugh.
According to experts, Guantanamo Bay, unfortunately, has become a
recruiting tool for al-Qaida that is hurting America's security.
Let me give one example. Retired Air Force MAJ Matthew Alexander led
the interrogation team that tracked down Abu Musab al-Zarqawi, the
leader of the al-Qaida operation in Iraq, and this is what he said:
[[Page 12854]]
I listened time and again to foreign fighters, and Sunni
Iraqis, state that the number one reason they decided to pick
up arms and join al-Qaida was the abuses at Abu Ghraib and
the authorized torture and abuse at Guantanamo Bay. . . .
It's no exaggeration to say that at least half of our losses
and casualties in that country have come at the hands of
foreigners who joined the fray because of our program of
detainee abuse.
This is not a statement that comes out of some leftwing publication.
It is a statement by a retired Air Force major, Matthew Alexander.
I visited Guantanamo Bay in 2006. I left proud of the good job our
soldiers and sailors were doing there. They are being asked to carry a
heavy burden of the previous administration's policies.
For many years, President Bush announced publicly that he wanted to
close the Guantanamo detention facility, and there were no complaints
from the Republican side of the aisle when President Bush made that
suggestion. But President Bush didn't follow through.
Now President Obama has taken on the challenge of solving this
problem that he inherited from the Bush administration.
I listened here as the previous speaker talked about the dangerous
people at Guantanamo. There is no doubt that some of them are dangerous
and have to be regarded as such, and releasing them would not be in the
best interest of the security of the United States. But having said
that, since Guantanamo was opened initially, the Bush administration
released literally hundreds of detainees who were brought there, many
of whom were later determined by the Bush administration not to be any
threat or guilty of any wrongdoing. They were sent back to their
countries of origin or to other countries that would receive them.
One particular case I am aware of involves a young man who was from
Gaza. He was turned over as a suspected terrorist and sent to
Guantanamo. He was sent there at the age of 19. He languished in
Guantanamo for 6 years, never being charged with any wrongdoing. Just
last year, his attorney was given a communication by our Government
that said: We have found no evidence of wrongdoing by this man who is
your client, and he is free to leave as soon as we can determine which
country will accept him. A year and 3 months have passed since then. He
still sits in Guantanamo. He came there at the age of 19; he is now 26.
Is that justice in America? Is that an outcome we applaud? Do we want
to keep Guantanamo open so he can continue sitting there year after
year? Of course not. We want to detain those who are dangerous and
bring to trial those who can be charged with criminal wrongdoing. We
want to release those who are innocent and of no harm to the United
States.
The President is taking the time to carefully plan for the closure of
Guantanamo in a way that will protect our national security. One thing
is eminently clear, and it is almost painful for me to have to say the
words on the Senate floor, and if anybody suggests otherwise, I cannot
imagine they would do it in good faith, but I will say them anyway.
This President of the United States will never allow terrorists to be
released in America.
This President has set up three task forces to review interrogation
and detention policies and conduct an individualized review of each
detainee who is currently held at Guantanamo. These task forces are
staffed by career professionals with extensive experience in
intelligence and counterterrorism. They will make recommendations on
how to close Guantanamo and what our interrogation and detention
policies should be. We should give these national security experts the
time to conduct a careful review and make their recommendations.
The Obama administration's approach is in stark contrast to the
previous administration, where policies were made by political
appointees with no background in counterterrorism. They ignored
concerns expressed by FBI agents and military personnel with years of
experience in dealing with al-Qaida.
When the President issued his Executive order, Republican Senators
John McCain and Lindsey Graham said:
We support President Obama's decision to close the prison
at Guantanamo, reaffirm America's adherence to the Geneva
Conventions, and begin a process that will, we hope, lead to
the resolution of all cases of Guantanamo detainees.
That is a responsible statement. I applaud my Republican colleagues
for stepping up and acknowledging that this President is trying to do
the right thing. It doesn't benefit the debate for people to come here
and create a specter of fear, that somehow this President--or any
President--would be party to releasing dangerous people into the United
States.
Last week, Senator Lindsey Graham said:
I do believe we need to close Guantanamo Bay. I do believe
we can handle 100 or 250 prisoners and protect our national
security interests, because we had 450,000 German and
Japanese prisoners in the United States. So this idea that
they cannot be housed somewhere safely, I disagree.
But some Republicans have decided to turn Guantanamo into a political
issue on the floor. Some have even gone so far as to claim the
President wants to release terrorists into the United States. This is
an absurd, offensive, and baseless claim.
Our colleagues on the other side of the aisle are criticizing the
President, but the sad reality is that they have no plan to deal with
the Guantanamo problem.
Richard Clarke, President George W. Bush's first counterterrorism
chief, said the following last week:
Recent Republican attacks on Guantanamo are more desperate
attempts from a demoralized party to politicize national
security and the safety of the American people.
Let me address one specific claim--that transferring Guantanamo
detainees to U.S. prisons will put Americans at risk.
Last week, Philip Zelikow, who was the Executive Director of the 9/11
Commission and counselor to Secretary of State Condoleezza Rice,
testified before the Judiciary Committee. Mr. Zelikow told me that it
would be safe to transfer Guantanamo detainees to U.S. facilities and
that we are already holding some of the world's most dangerous
terrorists in the United States.
Here are a few examples of those currently being held in American
prisons: Ramzi Yousef, the mastermind of the 1993 World Trade Center
bombing; 9/11 conspirator Zacarias Moussaoui; Richard Reid, the so-
called shoe bomber; and numerous al-Qaida terrorists responsible for
bombing the U.S. Embassies in Kenya and Tanzania.
If we can safely hold these individuals, I believe we can also safely
hold Guantanamo detainees. I don't know if this will be part of the
President's recommendation or plan. We are still waiting for that.
I should make it clear in this debate that no prisoner has ever
escaped from a U.S. Federal super-maximum security facility.
President Obama inherited this Guantanamo problem from the previous
administration. Solving it will require leadership and difficult
choices, and it will take some time.
I think the decision by Senator Inouye to remove this money from the
supplemental is the right decision. The supplemental covers the next 4
months. During that period of time, the President will come out with
his plan, and we can work forward from there.
The President is showing that he is willing to lead and make hard
decisions. I urge my Republican colleagues to pay close attention to
their colleagues, Senators McCain and Graham, who I think have been
reasonable in discussing this issue. We should not play politics with
national security.
Give the Obama administration a chance to present their plan for
closing Guantanamo. As Colin Powell, John McCain, and many others have
said, closing Guantanamo is an important step toward restoring American
values and actually making America a safer country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nebraska is recognized.
Mr. JOHANNS. Mr. President, I rise today to commend President Obama
on his recent decision to continue military commissions at Guantanamo
Bay. I think the decision shows the President's realistic assessment of
the value
[[Page 12855]]
of the commissions. Resuming them will also ensure that justice will be
brought to the suspected terrorists currently awaiting the commission.
The President has also shown an invigorating commitment to winning the
war in Afghanistan, and he has resisted brash decisions to exit Iraq
before the security situation has been fully stabilized.
However, today, I must temper my comments with an admonition. The
President needs to reverse his order to close Guantanamo Bay. We are
all familiar with the President's Executive order. It was signed in the
first hours of his Presidency. It announced the closure of the prison
within 1 year. To say the Executive order is short on detail is an
understatement. We have learned that the Justice Department is
reviewing the cases of the individual detainees and that the President
would like to move the detainees somewhere else. That is really all the
Executive order tells us.
About 240 detainees are now being held at Guantanamo Bay. The
administration claims that not every detainee is a terrorist and that a
few are kept at Guantanamo simply because other countries are very slow
to accept them. Well, let me tell you, in my judgment, that speaks
volumes about the character and the fitness for society of these
detainees. Other countries are literally dragging their feet in
accepting them. In April, the President of France famously agreed to
accept one detainee. A number of countries, such as Germany and
Lithuania, have only said they will consider accepting detainees,
despite the Attorney General's round-the-world tour to ask our allies
to accept more.
Let's assume the administration's projection that only half of the
detainees there would be considered terrorists. Well, that is 120
terrorists who would be brought to facilities on our soil; 120
terrorists who would entice their brothers in arms worldwide to make
every effort to break them out or at least wreak havoc on places where
they are jailed; 120 terrorists whose trials and hearings will cause a
community to virtually lock down every time they have to be transported
from point A to point B.
Last Friday, I had the opportunity to actually go to Guantanamo and
visit the prison. Having seen the facilities, I am more confident than
ever that we should keep Guantanamo operating.
On my visit, I saw firsthand the treatment detainees receive there.
The facilities there rival any Federal penitentiary. Detainees receive
three meals per day that adhere to cultural dietary requirements.
They stay in climate-controlled housing with beds. It was a warm day
when we were there. Their housing is air-conditioned. They have
flushing toilets and had all of the hygiene items we would use, such as
toothbrushes, toothpaste, soap, and shampoo. They have the opportunity
to worship uninterrupted. They are provided prayer beads, rugs, and
copies of the Koran. The Muslim call to prayer is observed in the camps
five times a day, followed by 20 minutes of uninterrupted time to
practice their faith. In fact, we happened to be there during the call
of the prayer, and the camp literally shuts down to allow them to have
that time. They have access to satellite TV and a library with more
than 12,000 items in 19 languages, including magazines, DVDs, and
Arabic newspapers. I will bet their big-screen television--really
state-of-the-art television--is bigger than most in the average home in
America.
Most remarkable, though, is the medical care provided to detainees at
Guantanamo. Most people don't realize this, but detainees receive the
same quality of medical care as the U.S. servicemembers who guard them.
They have access to medical care anytime they need it, and there is a
two-to-one detainee-to-medical-staff ratio. They get preventive care,
such as vaccinations and cancer screenings. In addition to routine
medical care, detainees have been treated for preexisting medical
conditions, even to the extent of receiving cancer treatment or
prosthetic limbs. This is likely better treatment than they would
receive in their home countries.
The courtroom constructed at Guantanamo was designed specifically to
deal with military commissions. I am a lawyer myself, and I have to
tell you that I have never seen anything like this. To say that it is
state of the art is to understate the quality of that courtroom. I will
tell you that I am convinced there is not another courtroom anywhere in
the world with better equipment than what we have installed at
Guantanamo.
To top it all off, earlier this year, the Vice Chief of Naval
Operations reviewed conditions at Guantanamo and issued a report that
the detainees' confinement conformed to the Geneva Conventions. Despite
public perception, no detainee has ever been waterboarded at
Guantanamo.
Why would we throw away a $200 million, state-of-the-art facility
just to meet an artificial deadline in 2010 that I think really
originated from an uninformed campaign promise?
These are very dangerous people being held at Guantanamo. These are
not a couple of teenagers who robbed a corner convenience store. There
are 27 members of al-Qaida's leadership cadre currently housed at the
prison, plus 95 lower level al-Qaida operatives, which combined is
about half the prison population at Guantanamo. There are also scores
of Taliban members and foreign fighters.
There was a survey that was done awhile back--it was released in
April--and it indicated that 75 percent of Americans oppose releasing
Guantanamo detainees in the United States, while only 13 percent
support that. I am willing to bet the numbers opposing the transfer of
prisoners to the United States would skyrocket even higher, although
that is hard to imagine, if you told people that the terrorist
detainees would be held in a prison near their town. But if moved to
the United States, they have to be near some town.
The President submitted an $80 million funding request for the
detainees to be transferred, despite having no plan outlining their
destination. Fifty million dollars of the President's funding request
would go to the Department of Defense to actually transfer the
detainees from the prison. But we don't know where. This lack of a plan
and lack of transparency deeply disturbs me.
Alarmingly, two of the sites on U.S. soil that some speculate would
house transferred detainees are at Fort Leavenworth, KS, or the
supermax facility in Colorado. Both facilities are within 250 miles of
the Nebraska border. That alarms me and my constituents. That is why I
sent a letter to Attorney General Holder on April 23 requesting a
personal briefing before any decision is made to move current
Guantanamo detainees within 400 miles of Nebraska's borders.
But simply being notified that detainees are about to be transferred
won't suffice. That amounts to telling the passengers to hold on before
the bus crashes. It is for these reasons that I believe we should deny
funding to transfer detainees and in fact not close the prison at
Guantanamo. It is for these reasons that I support S. 370, the
Guantanamo Bay Detention Facility Safe Closure Act of 2009, introduced
by the senior Senator from Oklahoma.
The bill prohibits Federal funds from being used to transfer any
detainees out of Guantanamo to any facility in the United States or its
territories. It also prohibits any Federal funds from being used for
the construction or enhancement of any facility in the United States in
order to house any detainee. Finally, it prohibits any Federal funds
from being used to house or otherwise incarcerate any detainee in the
United States or its territories. It will keep our communities safe by
preventing terrorists from being thrust into our cities and towns.
I will close by reminding Senators that in 2007, the Senate voted 94
to 3 to express its opposition to moving Guantanamo detainees to U.S.
soil or releasing them into American society. President Obama's
Executive order to close the prison at Guantanamo demonstrates his
intention to ignore the will of the Senate and the American people.
Despite an overwhelming vote, the administration apparently still
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plans to bring terrorist detainees from Guantanamo near our
communities.
I hope we have the opportunity to once again address this issue.
There is a pending amendment which I support. But I also urge the
President to reconsider his decision to close the prison. I encourage
my colleagues to support the amendment that is before this body to deny
funding for closing the prison.
I look forward to a robust debate on this issue as we delve into this
very important matter. Amendments will be offered. I think this is the
most important issue we are going to face in a long time. Action to
close the prison and move these people here is unacceptable. It is
unthinkable to the American public. We must yield to their collective
wisdom and hear their call. Anything else would be a grave mistake.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Republican leader.
Amendment No. 1136
Mr. McCONNELL. Mr. President, I wish to say a few words about an
amendment I am about to offer that relates to the President's Executive
order of January 22 on the disposition of detainees at Guantanamo.
As part of that Executive order, a so-called detainee task force was
created for the purpose of reviewing the records of detainees to
determine whether they should be released. It is my view that any
information obtained by this task force should be made readily
available to the appropriate chairman and ranking members of the
committees of jurisdiction. So the amendment I am about to send to the
desk establishes a reporting requirement that would require the
administration to provide a threat assessment of every detainee held at
Guantanamo. This threat assessment, which could be shared with Congress
in a classified report--remember, this would be in a classified report
only--would indicate the likelihood of detainees returning to acts of
terrorism. It would also report on and evaluate any threat that al-
Qaida might be making to recruit detainees once they are released from
U.S. custody.
Many of the remaining 240 detainees at Guantanamo are from Yemen,
which has no rehabilitation program to speak of, and Saudi Arabia,
which has a rehab program, but which, frankly, hasn't been very
successful at keeping released detainees from rejoining the fight even
after they go through this rehabilitation program. The recidivism among
released detainees is of great concern to those of us who have
oversight responsibilities here in Congress. So according to my
amendment, the President would have to report to Congress before--I
repeat, before--releasing any of the detainees at Guantanamo. More
specifically, the administration would have to certify that any
detainee it wishes to release prior to submitting this report poses no
risk--no risk--to American military personnel stationed around the
world.
This is a simple amendment that reflects the concerns of Americans
about the dangers of releasing terrorists either here or in their home
countries where they could then return to the fight. Until now, the
administration has offered vague assurances it will not do anything to
make Americans less safe. This amendment says that Americans expect
more than that. Americans want the assurance that the President's
arbitrary deadline to close Guantanamo by next January will pose no
risk to our military servicemembers overseas.
I know there is an amendment pending at the desk, so I ask unanimous
consent that it be set aside and that my amendment be sent to the desk.
The PRESIDING OFFICER. Without objection, the clerk will report.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 1136.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To limit the release of detainees at Guantanamo Bay, Cuba,
pending a report on the prisoner population at the detention facility
at Guantanamo Bay)
On page 31, between lines 3 and 4, insert the following:
Sec. 315. (a) Reports Required.--Not later than 60 days
after the date of the enactment of this Act and every 90 days
thereafter, the President shall submit to the members and
committees of Congress specified in subsection (b) a report
on the prisoner population at the detention facility at
Guantanamo Bay, Cuba.
(b) Specified Members and Committees of Congress.--The
members and committees of Congress specified in this
subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member on the Committee on
Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate.
(4) The Speaker of the House of Representatives.
(5) The minority leader of the House of Representatives.
(6) The Chairman and Ranking Member on the Committee on
Armed Services of the House of Representatives.
(7) The Chairman and Vice Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives
(c) Matters To Be Included.--Each report required by
subsection (a) shall include the following:
(1) The name and country of origin of each detainee at the
detention facility at Guantanamo Bay, Cuba, as of the date of
such report.
(2) A current summary of the evidence, intelligence, and
information used to justify the detention of each detainee
listed under paragraph (1) at Guantanamo Bay.
(3) A current accounting of all the measures taken to
transfer each detainee listed under paragraph (1) to the
individual's country of citizenship or another country.
(4) A current description of the number of individuals
released or transferred from detention at Guantanamo Bay who
are confirmed or suspected of returning to terrorist
activities after release or transfer from Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to recruit
detainees released from detention at Guantanamo Bay.
(6) For each detainee listed under paragraph (1), a threat
assessment that includes--
(A) an assessment of the likelihood that such detainee may
return to terrorist activity after release or transfer from
Guantanamo Bay;
(B) an evaluation of the status of any rehabilitation
program in such detainee's country of origin, or in the
country such detainee is anticipated to be transferred to;
and
(C) an assessment of the risk posed to the American people
by the release or transfer of such detainee from Guantanamo
Bay.
(d) Form.--The report required under subsection (a), or
parts thereof, may be submitted in classified form.
(e) Limitation on Release or Transfer.--No detainee
detained at the detention facility at Guantanamo Bay, Cuba,
as of the date of the enactment of this Act may be released
or transferred to another country until the President--
(1) submits to Congress the first report required by
subsection (a); or
(2) certifies to the members and committees of Congress
specified in subsection (b) that such action poses no threat
to the members of the United States Armed Forces.
The PRESIDING OFFICER. The Senator from Hawaii.
Amendment No. 1137
Mr. INOUYE. Mr. President, I ask unanimous consent that the pending
amendment be set aside to allow me to call up a technical amendment,
which I send to the desk.
The PRESIDING OFFICER. Without objection, the clerk will report.
The legislative clerk read as follows:
The Senator from Hawaii [Mr. Inouye] proposes an amendment
numbered 1137.
The amendment is as follows:
(a) In General.--Unless otherwise designated, each amount
in this title is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and
423(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to the
amount rescinded in section 308 for ``Operation and
Maintenance, Air Force''.
Mr. INOUYE. Mr. President, this technical amendment clarifies the
treatment of a rescission proposal included in the bill, and has been
cleared by both sides.
The PRESIDING OFFICER. Is there further debate?
Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
[[Page 12857]]
Mr. MARTINEZ. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Florida is recognized.
Mr. MARTINEZ. The issue before the Senate includes the question of
Guantanamo, and I know there has been some recent activity on this
legislation.
Addressing this issue, the Federal Government has no higher
responsibility than ensuring the safety and security of every American.
Since 9/11, our Nation has taken a number of steps to safeguard us from
the threat of terrorism, including the development of a facility to
detain enemy combatants at U.S. Naval Station Guantanamo Bay.
Over the course of our campaign against terrorism, that detention
facility came under harsh scrutiny; doing great harm to our stature
around the world.
In June of 2005, I told a group of newspaper editors that the
detention facility at U.S. Naval Station Guantanamo Bay had become a
lightning rod for global criticism, and at some point a country has to
reexamine the cost-benefit ratio of operating a facility that has such
a poor public face.
As a lawyer, I noted that it wasn't very American to be holding
people indefinitely with no system in place to process and grant review
of the detention and some form of due process.
Suspected enemy combatants had essentially become akin to POWs; but
because of the unique nature of the ongoing war on terror, they could
not be released.
What I knew then, and what I know now is that though many wanted to
close Guantanamo--a view that would eventually be shared publicly by
President Bush and both candidates for President Senators John McCain
and Barack Obama--we did not have a good plan for how to legally
advance beyond that wish.
So we had an idea--to close Guantanamo--but no good path to achieve
that without endangering Americans.
The world has changed since 2005.
Since then, a military commission system was established, prisoners
were processed; the trying of unlawful enemy combatants began; trials
concluded; and in some cases former Guantanamo Bay detainees were
convicted of their charges, while others were acquitted and released.
But now, we have gone from the rhetoric of the campaign to the very
real pronouncement by the President that Guantanamo shall be closed
down by January 2010.
I agree, we need to close Guantanamo, but not before we have a
concrete plan in place that holds captured enemy combatants accountable
for their actions, while also not endangering the American public.
President Obama's Director of National Intelligence, Admiral Dennis
Blair clearly laid out that:
The guiding principles for closing the center should be
protecting our national security, respecting the Geneva
Conventions and the rule of law, and respecting the existing
institutions of justice in this country.
I also believe we should revitalize efforts to transfer
detainees to their countries of origin or other countries
whenever that would be consistent with these principles.
Closing this center and satisfying these principles will
take time, and is the work of many departments and agencies.
So again, we have the idea that we can all agree on, but in practice
there is no plan; there is no clear path to achieving these goals.
When choosing a path, we need to act very carefully and consider this
decision in the context of our ability to continue processing prisoners
under the Military Commissions Act; we need to consider whether and how
habeas corpus would apply to detainees transferred to U.S. facilities;
and we need to know the implications of trying Gitmo detainees in
Federal Court.
Today, some 240 individuals are held at Gitmo's detention center.
Of these, eighty detainees potentially face prosecution for war
crimes before Military Commissions at Guantanamo and two individuals
have already been convicted of war crimes before the Commissions.
These Commissions were created by Congress under the Detainee
Treatment Act and the Military Commissions Act as a means for
prosecuting the unique type of enemy we confront in this new type of
warfare.
But then came the Supreme Court's opinion in Boumediene v. Bush.
In that opinion, authored by Justice Kennedy on behalf of the five-
member majority, the Court did something that has never been done in
the history of our Nation.
The Court extended the constitutional writ of habeas corpus to
foreigners detained in foreign lands.
That means the Court extended to foreign terror suspects detained at
Guantanamo Bay the same constitutional rights and privileges that U.S.
citizens enjoy in U.S. courts.
Seizing on this unprecedented constitutional interpretation, the
lawyers of several Gitmo detainees quickly filed motions in Federal
district courts seeking to have their clients brought into the U.S.,
and in some cases, asked that their clients be released or ``paroled''
onto the streets of American cities and communities.
This is the world we live in given the Court's decision in
Boumediene--a world in which foreigners, who have been trained at
terrorist camps in Afghanistan, have been granted the right to be
released onto the streets of American cities.
It was against this backdrop that President Obama decided on his
first day in office to halt further Military Commission trials and to
mandate the closing of Gitmo by January of next year.
Let's be clear about what we are dealing with here.
These detainees are not accused of shoplifting; they are not accused
of robbing a bank; they are not accused of organizing a single or
double homicide.
They are accused of working as unlawful enemy combatants with the aim
of killing as many Americans as they can kill, most of them completely
committed to their goal, they are ``irreconcilables.''
We are still in the midst of a global war on terror against an enemy
bent on attacking Americans wherever and whenever it can. There is no
question that this war is unprecedented. There is no question we face
unique and difficult choices. But one thing is very clear: We should
never allow alleged enemy combatants to enter or be released in the
United States. No court, civilian or military, should ever be asked to
decide whether the foreign terrorist trainee before it is ``safe
enough'' to be brought into the United States and released into our
streets. The American people deserve greater protections from us than
that would warrant them, and we must remember that their personal
safety and our national security is our No. 1 priority.
Guantanamo is a world-class facility that is well-suited for the
unique circumstances of the global war on terror. Even Attorney General
Holder has declared the facility to be ``well run'' and noted that
Gitmo personnel conduct themselves in an appropriate way. I myself have
visited there, and I understand what he is saying, because it is a good
example of a fine detention facility. It is good that the military
commissions were working and were achieving fair results and may be
coming back.
For example, Salim Hamdan, Osama bin Laden's personal driver and body
man, was convicted of providing material support to al-Qaida and
sentenced to a mere 5\1/2\ years by a jury of military officers. This
result demonstrates the effectiveness and the type of justice provided
by the military commissions. This is why they should resume immediately
at the only venue in the world that has been built to facilitate them,
and that is the facility at Gitmo.
One thing I do want to make clear as we continue to have debate over
the facility's future, I remind my colleagues that when we talk about
Gitmo's future, we are referencing the detention center, not the U.S.
Naval Station at Guantanamo Bay. That naval base is the landlord to the
detention center, but it also serves as a vital base for our Navy and
is a key strategic place.
The overall facility is the U.S. Naval Station providing fleet
support, ship replenishment, and refueling for the
[[Page 12858]]
U.S. Navy and also for the Coast Guard as well as allied and friendly
nations. It is a key processing center for Haitians and Cubans seeking
asylum. The U.S. Naval Station at Guantanamo Bay is home to more than
8,500 active-duty servicemembers and their families and civilian
support contractors.
We cannot lose sight of the important role the base plays in our
national security, and the continued need for infrastructure
improvements and enhancements, all that have absolutely nothing to do
with the detention facility. As we continue to debate the facility's
future, I want to underscore the importance of making a thoughtful and
careful decision rather than one that may be what is expedient, for the
moment.
We need a plan on how to move forward given the considerations I have
discussed today. So I hope as the discussion goes forward, we will put
the interests and the safety of the American people first. I know the
portion of this bill before us which dealt with the Guantanamo facility
and the allocation of $80 million to close down the facility may be
removed from the bill or considered in a different form. I would be
encouraged if we are not at the moment funding the closing of this
facility until we have a game plan in mind of what we are going to do
with the facility and the detainees who are there.
We still have not addressed what we are going to do between now and
January of 2010. There still is no plan. There still is no future for
what will happen to the 240 detainees who currently reside at the
detention facility at the United States Naval Station in Guantanamo,
Cuba.
I yield the floor.
The PRESIDING OFFICER (Mr. Begich.) The Senator from Alabama.
Mr. SHELBY. Mr. President, I rise today to support and thank the
distinguished chairman of the Appropriations Committee, the Senator
from Hawaii, for his amendment to strike the Guantanamo Bay funding in
the supplemental bill before us.
Last week in the Appropriations Committee which he chairs, I raised
this issue at the markup with the intent to strike the funding for the
Department of Justice. At the behest of the chairman and ranking
member, I did not offer the amendment which I intended to offer today.
This supplemental, as reported out of the Appropriations Committee,
fulfilled the Department of Justice request originally for $30 million
to fund the President's reckless campaign promise to shut down the
Guantanamo Bay detention facility and determine the fate of the 241
terrorists being held there.
I also believe that funding for the Department of Justice to carry
out the President's Executive order is just the beginning of efforts to
begin the investigations of U.S. officials who interrogated terrorists
who killed or attempted to kill American citizens.
In a Department of Justice hearing before the Appropriations
Subcommittee on May 7, I asked the Attorney General if he knew about or
sanctioned any of the renditions that occurred when he served as the
Deputy Attorney General during the Clinton administration. He said he
did, but could not provide specifics and would get back to the
committee with a response. We are still waiting for that response.
Yesterday, in following up with that, I sent a letter to the Attorney
General following up on many of the unanswered questions left after the
hearing.
Mr. President, I ask unanimous consent that the letter be printed at
this point in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, May 18, 2009.
Hon. Eric Holder,
Attorney General, Department of Justice,
Washington, DC.
Dear Attorney General Holder: I am writing to follow up on
some of the issues raised during your hearing before the
Senate Appropriations Subcommittee on Commerce, Justice,
Science, and Related Agencies on May 7, 2009. Below are a
number of questions posed during the hearing, as well as some
additional questions I have relating to a potential criminal
investigation of U.S. officials who drafted the legal
opinions upon which the CIA based its interrogation program,
and who actually participated in the interrogation of
detainees. Also included are questions relating to the
disposition of Guantanamo Bay detainees. Your immediate
response would be greatly appreciated.
1. During your tenure as the Deputy Attorney General of the
United States, 1997 to 2001, did you know that President
Clinton approved of and actively engaged in the practice
known as rendition? Did you or anyone in the Department of
Justice express a legal opinion on, participate in, or
approve any rendition? What actions did you take to ensure
any such rendition complied with United States or
international law? What actions did you take to ensure that
any interrogations of any such individuals rendered by the
United States were conducted by the receiving country in a
manner consistent with United States or international law?
Did you or anyone on your behalf ever determine whether any
useful intelligence was obtained from any such individuals
rendered by or on behalf of the United States? Did you or
anyone on your behalf ever attempt to determine how that
information was obtained and whether any such individuals
rendered by or on behalf the United States was subjected to
any treatment that would violate United States or
international laws?
2. In an exchange with Senator Alexander during the hearing
you mentioned an Office of Professional Responsibility (OPR)
inquiry into the work of the attorneys who prepared the
Office of Legal Counsel (OLC) memoranda regarding
interrogation. It has been reported that the OPR report
criticizes the competence of the authors of the memoranda.
a. Has the OPR. prior to this review. ever reviewed legal
opinions drafted by the OLC? If so, please explain in detail,
including whether any such review involved intelligence
matters or the President's war powers?
b. Presuming the OPR reviewed the legal opinions of the OLC
regarding the CIA's interrogation program, please describe,
in detail, the standards of review applicable to any such OPR
review. Also, provide a copy of any standards of conduct or
any other Department of Justice policy guidance regarding the
conduct of attorneys used by the OPR in its reviews. What
conclusions did OPR reach in any such review?
c. How many attorneys currently work in the Office of
Professional Responsibility? Do any of them have expertise in
constitutional law, intelligence matters, treaty compliance,
and/or separation of powers? If so, please provide detailed
information regarding each attorney's individual expertise in
these areas. Is the OPR seeking outside guidance in any of
these areas? If so, please provide specific information on
these individuals or sources.
d. Did any of the personnel in the OPR work on cases or
policies arising from our government's response to the 9/11
attacks? If so, please provide the names of these
individuals.
3. Attorney General Mukasey and Deputy Attorney General
Filip were presented with a draft of an OPR report near the
end of the Bush Administration. This was after more than four
years of investigation and thousands of dollars in taxpayer
funds being expended. Press reports have suggested that
Mukasey and Filip rejected the idea that OLC attorneys should
be subject to sanctions.
a. Please explain why you have decided to overrule Attorney
General Mukasey's decision. Also, please provide the
Committee with all instances, if any, where an incoming
Attorney General has reversed the decision of his or her
predecessor regarding a recommendation by the OPR.
b. News reports suggest that the OPR will criticize the
Bybee memorandum that argues that the anti-torture statute
cannot interfere with the President's constitutional
authorities. Did the OPR ever investigate the opinions of the
Clinton Justice Department to determine if it claimed that
the President's constitutional authorities would allow him to
act in violation of Acts of Congress? If not, why not? If so,
please provide those opinions.
c. Does the OPR report address whether the interrogation
methods used actually produced useful intelligence? If not,
why not? If so, please list all U.S. Government personnel
interviewed by the OPR to make such a determination.
4. The provision of accurate legal advice regarding the
conduct of intelligence operations will necessarily entail
the consideration of not only many types of activities, but
also very difficult legal issues. On many occasions,
reasonable attorneys may disagree on whether such activities
are consistent with or violate United States or international
law. The investigation, and possible sanctioning, of
attorneys for the provision of legal advice in areas of law
that are less than clear will absolutely have a chilling
effect on their ability to provide accurate legal opinions.
Faced with sanctions, attorneys will undoubtedly choose to
stay well within the law. Intelligence operations will then
he unnecessarily limited falling well short of what the
Congress and the President may be prepared to sanction. With
this in mind, won't risk aversion driven by chilled legal
advice recreate the bureaucratic attitude that contributed to
our inability to detect and stop the 9/11 attacks?
[[Page 12859]]
5. Do you believe the President has the legal authority to
bring terrorists, former terrorists or anyone who has
received terrorist training into the United States and
release them into our communities? If so, please provide a
copy of that authority?
6. In your testimony before the Committee you stated that
with ``regard to the release decisions that we will make, we
will look at these cases on an individualized basis and make
determinations as to where they can appropriately be
placed.'' What are the criteria on which you will base a
decision to place an individual currently being held in
Guantanamo in the United States? Please be more specific than
the general guidance given in the President's Executive
Order.
Thank you for your immediate attention to these matters.
Sincerely,
Richard Shelby.
Mr. SHELBY. Mr. President, renditions and interrogations were carried
out on Attorney General Holder's watch, when he was the Deputy Attorney
General. I have serious concerns that the Attorney General could
eventually be leading investigations and prosecutions against U.S.
officials who carried out the very same actions he approved during his
time as Deputy Attorney General.
Yet the Executive orders failed to include any investigation of his
role in approving renditions of detainees and terrorists that occurred
during his previous tenure at the Justice Department.
To go back in time, the first terrorist attack on the World Trade
Center occurred on February 26, 1993. We later saw the bombings of the
USS Cole, the embassies in Africa, and Khobar Towers take place before
the second attack on the World Trade Center.
Many of the terrorists who committed these acts were trained in the
very same camps as the terrorists held at Guantanamo Bay. When I asked
the Attorney General if the Government had the legal authority to admit
someone who had received terrorist training into the United States, he
would not answer the question directly. He indicated he would not
release anyone who he thought was a terrorist in the United States--who
he thought.
All of the detainees being held at Guantanamo Bay, I believe, are
terrorists. Does anyone but the administration and the Attorney General
believe anything to the contrary? I think it is misguided to close a
facility housing terrorists when there is no plan. All of the prisoners
housed at Guantanamo Bay are terrorists. Terrorists attacked our Nation
and killed our citizens and pose a threat still today to our national
security.
We should not, I believe, let this Attorney General or anyone else
brand these terrorists as victims worthy of living in the United States
of America, nor should we follow the plans of the Director of National
Intelligence, Dennis Blair, who suggested that terrorists be provided
with a taxpayer-funded subsidy to establish a new life here in America.
Until we are clear about Attorney General Holder's role in renditions
and interrogations prior to 9/11, and what this administration is
proposing to do with these terrorists once Guantanamo is closed, I
believe it is premature to provide this funding.
I again commend the chairman for his actions today and I believe the
Senate is on the right track. I hope we stay there.
I yield the floor.
Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CORNYN. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1139
Mr. CORNYN. Mr. President, I have conferred with the bill managers,
the distinguished chairman of the Appropriations Committee and the
distinguished ranking member. I have an amendment I would like to call
up. I ask unanimous consent to set aside the pending amendment, and I
send an amendment to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection?
Mr. INOUYE. I object momentarily.
The PRESIDING OFFICER. Objection is heard.
The Senator from Hawaii.
Without objection, the clerk will report the amendment.
The assistant legislative clerk read as follows:
The Senator from Texas [Mr. Cornyn] proposes an amendment
numbered 1139.
Mr. CORNYN. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To express the sense of the Senate that the interrogators,
attorneys, and lawmakers who tried in good faith to protect the United
States and abide by the law should not be prosecuted or otherwise
sanctioned)
At the appropriate place, insert the following:
SEC. __. SENSE OF THE SENATE.
(a) Findings.--Congress finds the following:
(1) In the aftermath of the September 11, 2001 attacks,
there was bipartisan consensus that preventing further
terrorist attacks on the United States was the most urgent
responsibility of the United States Government.
(2) A bipartisan joint investigation by the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives concluded that the September 11, 2001 attacks
demonstrated that the intelligence community had not shown
``sufficient initiative in coming to grips with the new
transnational threats''.
(3) By mid-2002, the Central Intelligence Agency had
several top al Qaeda leaders in custody.
(4) The Central Intelligence Agency believed that some of
these al Qaeda leaders knew the details of imminent plans for
follow-on attacks against the United States.
(5) The Central Intelligence Agency believed that certain
enhanced interrogation techniques might produce the
intelligence necessary to prevent another terrorist attack
against the United States.
(6) The Central Intelligence Agency sought legal guidance
from the Office of Legal Counsel of the Department of Justice
as to whether such enhanced interrogation techniques,
including one that the United States military uses to train
its own members in survival, evasion, resistance, and escape
training, would comply with United States and international
law if used against al Qaeda leaders reasonably believed to
be planning imminent attacks against the United States.
(7) The Office of Legal Counsel is the proper authority
within the executive branch for addressing difficult and
novel legal questions, and providing legal advice to the
executive branch in carrying out official duties.
(8) Before mid-2002, no court in the United States had
interpreted the phrases ``severe physical or mental pain or
suffering'' and ``prolonged mental harm'' as used in sections
2340 and 2340A of title 18, United States Code.
(9) The legal questions posed by the Central Intelligence
Agency and other executive branch officials were a matter of
first impression, and in the words of the Office of Legal
Counsel, ``substantial and difficult''.
(10) The Office of Legal Counsel approved the use by the
Central Intelligence Agency of certain enhanced interrogation
techniques, with specific limitations, in seeking actionable
intelligence from al Qaeda leaders.
(11) The legal advice of the Office of Legal Counsel
regarding interrogation policy was reviewed by a host of
executive branch officials, including the Attorney General,
the Counsel to the President, the Deputy Counsel to the
President, the General Counsel of the Central Intelligence
Agency, the General Counsel of the National Security Council,
the legal advisor of the Attorney General, the head of the
Criminal Division of the Department of Justice, and the
Counsel to the Vice President.
(12) The majority and minority leaders in both Houses of
Congress, the Speaker of the House of Representatives, and
the chairmen and vice chairmen of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives received
classified briefings on the legal analysis by the Office of
Legal Counsel and the proposed interrogation program of the
Central Intelligence Agency as early as September 4, 2002.
(13) Porter Goss, then-chairman of the Permanent Select
Committee on Intelligence of the House of Representatives,
recalls that he and then-ranking member Nancy Pelosi
``understood what the CIA was doing'', ``gave the CIA our
bipartisan support'', ``gave the CIA funding to carry out its
activities'', and ``On a bipartisan basis . . . asked if the
CIA needed more support from Congress to carry out its
mission against al-Qaeda''.
(14) No member of Congress briefed on the legal analysis of
the Office of Legal Counsel and the proposed interrogation
program of
[[Page 12860]]
the Central Intelligence Agency in 2002 objected to the
legality of the enhanced interrogation techniques, including
``waterboarding'', approved in legal opinions of the Office
of Legal Counsel.
(15) Using all lawful means to secure actionable
intelligence based on the legal guidance of the Office of
Legal Counsel provides national leaders a means to detect,
deter, and defeat further terrorist acts against the United
States.
(16) The enhanced interrogation techniques approved by the
Office of Legal Counsel have, in fact, accomplished the goal
of providing intelligence necessary to defeating additional
terrorist attacks against the United States.
(17) Congress has previously established a defense for
persons who engaged in operational practices in the war on
terror in good faith reliance on advice of counsel that the
practices were lawful.
(18) The Senate stands ready to work with the Obama
Administration to ensure that leaders of the Armed Forces of
the United States and the intelligence community continue to
have the resources and tools required to prevent additional
terrorist attacks on the United States.
(b) Sense of Senate.--It is the sense of the Senate that no
person who provided input into the legal opinions by the
Office of Legal Counsel of the Department of Justice
analyzing the legality of the enhanced interrogation program,
nor any person who relied in good faith on those opinions,
nor any member of Congress who was briefed on the enhanced
interrogation program and did not object to the program going
forward should be prosecuted or otherwise sanctioned.
Mr. CORNYN. May I inquire, my amendment is currently the pending
amendment?
The PRESIDING OFFICER. The Senator is correct.
Mr. CORNYN. I thank the Chair.
Mr. President, my amendment calls for an end to the poisonous
environment of recriminations and second-guessing and even threats of
prosecution that have overtaken the debate about detention and
interrogation policy in the aftermath of September 11, 2001. This
amendment expresses the sense of the Senate that neither the lawyers
who offered good-faith legal advice regarding the legality of
interrogation techniques, nor any person who relied in good faith on
that legal advice, nor any Member of Congress who was briefed
beforehand on these enhanced interrogation techniques and who did not
object should be prosecuted or otherwise sanctioned. This is,
obviously, a sense of the Senate, but I think it is important that the
Senate's will be determined and recognized on such a sensitive and
important topic.
I know it is hard for us to remember now what it was like in the days
following 9/11. Believe it or not, there was a broad bipartisan
consensus that America and all Americans, including Congress, should
work aggressively within the law to detect, deter, and indeed to defeat
further terrorist attacks. Responding to this consensus, patriotic
Americans in our intelligence service; namely, the Central Intelligence
Agency, the administration, and Congress did everything within our
legal power to protect the country from a follow-on terrorist attack.
We recall the horrible day when we saw two airplanes fly into the
World Trade Center in New York. But it is not beyond the realm of
concern that, indeed, the same terrorists who effected those horrible
attacks, killing 3,000 Americans, roughly, on that day, would use some
more effective weapon of perhaps a nuclear, biological, or chemical
nature. So we know our intelligence officials and the administration
and Congress were acutely aware of the environment in which they were
acting.
Our intelligence officials believed they could produce actionable
intelligence by using some enhanced interrogation techniques, including
one that is performed as part of training on some of our own U.S.
military personnel; that if the Office of Legal Counsel at the
Department of Justice determined this was a legal way for them to gain
actual intelligence, perhaps, just perhaps, it could generate
intelligence which would allow the Central Intelligence Agency and our
military forces to defeat any follow-on terrorist attacks.
It is worthwhile to remember, as my sense-of-the-Senate resolution
does, that after the Central Intelligence Agency asked whether these
enhanced interrogation techniques were, in fact, lawful, the Office of
Legal Counsel, which is the authoritative branch that provides legal
advice to the executive branch and the U.S. Government, was asked to
render an opinion on whether use of these enhanced techniques,
including waterboarding, was, in fact, legal. In fact, after much input
and consultation within the executive branch and the lawyers for
various parts of the executive branch discussed and interpreted what
the constraints of the law were under both international as well as
domestic laws, they concluded that under specific guidelines and
limitations, it would be lawful for the Central Intelligence Agency, in
questioning known al-Qaida leaders, to use this technique in order to
gain intelligence that would perhaps save many more lives in the
future.
We know how controversial this turned out to be, but it is important
to remember that at the time, it did not prove to be so controversial.
In fact, after the CIA asked for permission to use these enhanced
techniques, we know the Office of Legal Counsel rendered legal opinions
authorizing the use of these techniques under certain limitations. And
then, in fact, leadership here in Congress was briefed on those
techniques. Specifically, under these circumstances, as the sense-of-
the-Senate resolution points out, not only would the Speaker of the
House of Representatives be briefed but also the majority and the
minority leaders in both Houses of Congress, as well as the chairman
and ranking member of both the House Intelligence Committee and the
Senate Select Committee on Intelligence. That would have been back in
2002--of course, much closer in proximity to the horrible events of
2001--when, no doubt, Members of Congress and members of the executive
branch were thinking: What can we do to prevent further terrorist
attacks against the United States?
One of the things that we have heard in the days since these opinions
out of the Office of Legal Counsel have been controversial is that some
lawyers have different opinions from those rendered by the lawyers at
the Office of Legal Counsel. I can tell my colleagues, as a lawyer
myself for 30 years, what lawyers do best is disagree with one another.
There is nothing unexpected about that. But we should not turn
disagreements between lawyers into witch hunts and into pursuing good-
faith rendition of legal opinions as well as intelligence officials
relying on those opinions in order to try to protect our country.
One distinguished law professor testified to the Judiciary Committee
last week:
To ratchet-up simple disagreement with the legal analysis
of a prior administration into the claim that such analysis
was beyond the pale of legitimate legal analysis, and
therefore should be investigated and punished, is to be
engaged in a mild form of legal neo-McCarthyism.
Mr. President, I was not in Washington, DC, on September 11, 2001. I
was in my home in Austin, TX, when I saw these terrible images of these
planes flying into the World Trade Center. But one of the images I
remember in the aftermath of those attacks was of the Members of
Congress, of both parties, joined together on the Capitol steps singing
``God Bless America.''
In the aftermath of that day, Americans, at least for a time, were
united in our determination that it would not happen again. That is why
it is particularly sad to see the bitter political divisions of the
present being invoked to condemn the good-faith actions of the past and
to hear calls to prosecute not only the intelligence officials in the
CIA but also prior administration officials and, indeed, the Congress
who answered the call when the American people demanded with one voice
that we keep them safe.
If we want to be able to look back at our detention and interrogation
policies, and learn what worked and what did not, we need to try to
maintain our sense of perspective and objectivity and fairness and be
respectful of both the circumstances under which these officials
reached these opinions and the reliance the intelligence officials and
other high Government officials had upon those legal opinions in
deciding
[[Page 12861]]
what they could and could not do. Indeed, who would question their use
of all legitimate means to gain actual intelligence that may indeed
have saved American lives? We cannot learn together from our past
successes or failures while recklessly accusing one another of crimes
while criminalizing policy differences.
In the end, this sense-of-the-Senate resolution is an appeal to a
sense of decency. We should be united in our commitment to liberty,
justice, and security under the law.
The American people want unity and not partisan prosecutions or
sanctions imposed against those officials who were simply trying, to
the very best of their ability, to do their job and to keep the
American people safe. This amendment says, in the end, that the Senate
agrees with that proposition. I would ask for the support of all my
colleagues.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. ROBERTS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ROBERTS. Mr. President, today, those of us who have strongly
insisted that no terrorist currently in Guantanamo Bay should or will
be transferred to the United States, I think, have won a big victory.
I am going to be very frank about it. Faced with an embarrassing
defeat, and listening to the American people, the Democratic leadership
has accepted an amendment offered by Senator Jim Inhofe of Oklahoma,
myself, and many others that prohibits the use of Federal funds to
transfer or locate any Gitmo terrorist to the United States.
This is an important, commonsense victory for the security of our
country and more especially for Fort Leavenworth, KS. Following
President Obama's decision to close Gitmo at the end of this year,
there has been much speculation about moving terrorists to Leavenworth,
especially in the press, and even on the Senate floor. I responded with
remarks several weeks ago: ``Not on my watch.''
The problem is that while we have prohibited the use of funds to
transfer terrorists to the United States, the Obama administration
still has proposed no plan to meet their own January deadline. That
does remain a challenge, and it means that while we won a victory
today--no funds--it seems to me we must remain vigilant to make sure
future plans do not include locations in the United States, including
Leavenworth.
There are simply too many security risks and the possibility of
negative impacts on our Kansas citizens and the Intellectual Center of
the Army at Fort Leavenworth to even consider moving terrorists to
Kansas.
I hope President Obama and his team designated to come up with a plan
can come to the realization that closing Gitmo actually poses new
problems in terms of security and logistics and legal issues.
Now that we are all on the same page, let's find a better answer and
one that does not endanger Leavenworth, KS, or any other community in
the United States.
I also wish to associate myself with the remarks of the distinguished
Senator from Nebraska, Mike Johanns, who I think summarized the whole
situation very well. I wish to thank Senator Inhofe for persevering. I
wish to thank my dear friend and colleague, the distinguished Senator
from Hawaii, Mr. Inouye, for his leadership in this regard.
But during this debate, and for some time, it seems to me we have
seen a change in how those who are incarcerated at Gitmo are now being
defined and described in the media, in the administration and, as a
consequence, by some Americans.
I understand there is a poor perception of Guantanamo Bay. I think
that is a fact we all realize. We heard another Senator from the other
side of the aisle describe that in detail--as a matter of fact,
ascribed all the problems to the Bush administration. But I do not
think that is relevant. To say there are no terrorists there, to say
there are not even enemy combatants there, is doing a disservice to us
all by trivializing the crimes committed by the men at Guantanamo Bay.
I ask you, when did we start making terror politically correct? This
same question was asked by Daniel Pearl's father, Judea Pearl, in an
article that ran in the Wall Street Journal this past February. It is
called: ``Daniel Pearl and the Normalization of Evil.'' I think every
Senator and every American should read it, more especially in regard to
this debate on where we locate these terrorists.
As you may know, and we should all remember, Daniel Pearl was the
American journalist who was captured and beheaded--beheaded--on a video
by the ``nonterrorist, nonenemy combatant'' Khalid Shaikh Mohammed in
2002--beheaded by Khalid Shaikh Mohammed, who is actually sitting at
Guantanamo Bay right now.
Listen to what Judea Pearl, a respected professor at UCLA, has to say
about that act of terror on his son:
Those around the world who mourned for Danny in 2002
genuinely hoped that Danny's murder would be a turning point
in the history of man's inhumanity to man, and that the
targeting of innocents to transmit political messages would
quickly become, like slavery and human sacrifice, an
embarrassing relic of a bygone era.
But somehow, barbarism, often cloaked in the language of
resistance, has gained acceptance in the most elite circles
of our society. The words ``war on terror'' cannot be uttered
today without fear of offense. Civilized society, so it
seems, is so numbed by violence that it has lost its gift to
be disgusted by evil.
Well, this Senator remains disgusted by evil. I am disgusted by those
who target innocent civilians as they spew their hatred. I refuse to
adopt what Danny's father calls ``the mentality of surrender.'' And
that is weaved throughout this debate in regard to what happens to
these terrorists.
It is not too late. We can all refuse to surrender to the idea that
terrorism is somehow a tactic, to refuse to believe it is an acceptable
tool of resistance.
There is still time for Americans to remember that there are men at
Guantanamo who cannot be released and most certainly should not be on
American soil.
Mr. President, I yield back.
The PRESIDING OFFICER (Mrs. Shaheen). The Senator from Connecticut.
Credit Card Reform
Mr. DODD. Madam President, I wish to speak off the bill. I know my
colleagues are talking about the supplemental appropriations bill. But
I wish to take a few minutes, if I could, with the permission of the
managers of the legislation, to talk about the credit card legislation
that passed this morning. I did not have the opportunity, given the
time constraints, to express some brief thoughts about the passage of
that legislation.
So I rise to thank my colleagues. By an overwhelming vote of 90 to 5,
this body voted earlier today to adopt the credit card reform
legislation. I am very grateful to my colleagues. I am grateful to
Senator Shelby, my cochair, if you will, the former chairman of the
Banking Committee, for his work.
Obviously, this was a bipartisan effort, with a vote of 90 to 5. The
final conclusion was one that was embraced by an overwhelming majority
of our colleagues. I thank them for that.
Twenty years ago, many of my colleagues who are still in this Chamber
will recall how we stood to try to get the credit card industry to
respond to some of the activities that began then. In those days, they
were not quite as pernicious as they have become. But, nonetheless, you
could see the handwriting on the wall as to where these issuers were
headed. We did not engage as effectively then as we probably should
have. We said then that too many of these companies were starting to
cross a line, starting to engage in abusive, deceptive, and misleading
practices that were trapping their customers into far more debt than
certainly they, the customers, ever agreed to.
But that was more than two decades ago, and since that time, we have
all
[[Page 12862]]
seen what has happened across our Nation: penalty fees that are
increasingly common, for infractions that are increasingly ridiculous--
for paying by phone or by e-mail or by check, which are ways you get
penalized today; anytime, any reason under contracts, where interest
rates could be raised that can turn a few hundred dollars of obligation
into a lifetime of debt; disclosures that you need a microscope to read
and a lawyer's degree to understand.
For too long, credit card companies have resorted to tactics that
drive families deeper and deeper and deeper into debt.
Well, today the Senate let them know that those days are coming to an
end. I am grateful to my colleagues for their votes.
I wish to take a few minutes to thank fellow Senators and staff who
have worked diligently to help me improve this legislation.
As I mentioned earlier, Senator Shelby of Alabama played an important
role, and I am grateful to him for agreeing to work on this bill. It
came out of the committee on an 11-to-12 vote--the narrowest of
margins. It was after that time that we worked to develop a bipartisan
bill.
In all, I believe this was an inclusive process--striking a very good
balance that ensures we provide tough protections for consumers while
making sure to maintain the flow of credit into our economy that is so
essential to our long-term economic recovery.
I wish to thank Senators Carl Levin of Michigan and Claire McCaskill
of Missouri, who led the charge to restrict overlimit fees and
deceptive marketing of free credit reports.
Senator Bob Menendez of New Jersey has been a champion from the very
beginning on issues impacting young people--requiring credit card
companies to consider consumers' ability to pay when issuing credit
cards, increasing protections for students against aggressive credit
card marketing, and more transparency in affinity arrangements between
credit card companies and universities.
With respect to affinity cards and protection of students, I also
wish to thank Senator Casey of Pennsylvania, Senator Feinstein of
California, Senator Corker of Tennessee, and Senator Grassley of Iowa
for their leadership as well.
Let me also thank several of our colleagues with whom we worked to
include protections regarding small business--Senator Ben Cardin of
Maryland, Senator Johanns of Nebraska, and Senator Mary Landrieu of
Louisiana. They strove mightily to include a study and report on the
use of credit cards by small businesses.
Senator Olympia Snowe of Maine worked with our Senate colleague from
Louisiana to include the establishment of a Small Business Information
Security Task Force in this legislation.
Several additional measures were included at the behest of my
colleagues that I think strengthen the legislation.
Senator Charles Schumer of New York authored the provision to scale
back abuses on prepaid gift cards, and that provision is now included
in the bill that passed. Senator Dan Akaka of Hawaii wisely suggested
we seek a clarification of the certification process for credit
counselors--something I believe will prove extremely valuable given the
clear need for greater financial literacy among consumers.
Senator Susan Collins of Maine, with my colleague, Senator Lieberman
of Connecticut, asked that we include provisions to prevent money
laundering through the use of what they call stored value cards which
are being increasingly used by drug cartels to smuggle money across our
borders. I am happy we were able to include those provisions in the
bill as well.
My colleagues from California and New Hampshire, Senator Feinstein
and Senator Gregg, worked with us to include a study and report on
emergency PIN technology that would allow banking customers to signal
for help when forced to withdraw cash from ATMs.
Another study and report on which we worked with Senator Kohl of
Wisconsin to include is on the marketing of products such as debt
cancellation agreements, which some have long argued are of
questionable benefit to consumers.
Finally, I wish to thank the President of the United States,
President Obama, for stepping up and stepping in, and for using the
bully pulpit of his Presidency to help us gain public awareness of
these issues as well.
As we cross the finish line today and the House considers what we
have sent them, I believe the victory will not be, of course, for our
President or for the Congress or for the authors of this legislation or
even for the Members I have mentioned in these remarks. Truly the
victory will be for people such as Don and Samantha Moore of Guilford,
CT, and their three daughters; or Kristina Jorgenson of Southbury CT;
and Phil Sherwood, a member of the city council, of New Britain, CT.
All of these constituents of mine came to me with stories about how
they had seen abuses by the credit card industry.
In the case of Don and Samantha Moore: 40 years of credit card
allegiance, one 3-day-late payment resulted in an increase from 12 to
27 percent in interest rates and reducing their credit limit from
$32,000 to $4,000. They run a small business. It probably put them out
of business--just for being 3 days late for the first time in 40 years.
In the case of Kristina Jorgenson in Southbury: She watched her rates
go from 5 percent to 24 percent for being 3 days late--the first time
ever--in a credit card payment. One of those days was a Sunday, by the
way. She had taken out the credit card debt to pay off her student
loans. They charged her because of the retroactive fees, the 24
percent, making it almost impossible for her to ever meet those
obligations. To meet that criteria, she dipped into her individual
retirement account which she had saved. She was in retirement and she
has now cut that retirement down to 45 percent of its value in order to
pay off the credit card debt. Three days late, one time, 5 percent to
24 percent. Phil Sherwood didn't do anything at all. He paid his bills
every month, never a day late, and watched his rates skyrocket, he and
his wife.
These stories I tell could be repeated over and over all across the
country. More than 70 million accounts in one 11-month period,
affecting one out of four families, saw interest rates skyrocket. For
the life of me, I don't quite understand what the industry was thinking
of, having just overreached time and time again. But as a result of the
bill we passed today by the vote I mentioned, we have made significant
inroads into the kind of practices the people I mentioned here were
afflicted with.
Unfortunately, it doesn't happen overnight. The bill has a period of
time before the new restrictions go into effect. I would have liked to
have had a much shorter period, but these bills require compromise, and
they don't become the fulfillment of the wishes of any one Member of
this body. It requires working with each other and, as a result of that
effort, we ended up with a longer period of time than I liked but,
nonetheless, less than the official period of the Federal Reserve
Board's regulations, which would be a year and a half from now.
So American consumers have a responsibility. That needs to be said
over and over. But they also have rights, and those rights ought to be
that they can count on a contract they enter into. I know of no other
contractual relationship, whether it is purchasing a home, buying an
automobile or an appliance, where the one party can virtually
unilaterally change the terms of the contract. Yet that goes on every
day with credit card issuers.
Madam President, 20 to 25 percent of students now have over $7,000 in
credit card debt--25 percent of our student body at the university and
collegiate level. The average college graduate owes over $4,000, a
major factor of some students dropping out of school.
The average family in our country, with credit cards, now has what
they call revolving debt--the bulk of which is credit card debt--well
in excess of $10,000 per family. So, clearly, with those kinds of
obligations and debts, something needed to be done. That is what we
have done with this legislation.
[[Page 12863]]
So the industry has obligations. Consumers have the right not to be
taken to the cleaners, and they have a right to expect that they will
be treated fairly when they enter into a contractual agreement; that
they won't be the only ones required to uphold their end of the
bargain. Certainly, consumers have a right not to live in fear that a
clause buried in the fine print of their credit card contracts might
someday be their financial undoing, and they should have a right to
trust that their child won't be saddled with debt before they have
turned 21.
Standing up for those families and their children and forcing those
rights is what this legislation was designed to do, and we accomplished
that goal.
So I wish to thank my colleagues again for their efforts, their
diligence, their commitment to ensuring that we pass a strong bill that
will benefit consumers across the country.
I wish to thank majority leader Harry Reid, and I wish to thank the
minority leader, the Republican leader. Harry Reid provided the time
and space for the consideration of this bill which would not have
happened if the leadership didn't decide to make that time available
for something as complicated as this, with many different ideas that
were brought to the table. I wish to thank the floor staff that is here
for their work, both the majority and minority side as well. They were
very patient. It has been over 2 weeks now.
We dealt with the housing bill last week, and now the credit card
bill this week, and they had to put up with me for 2 straight weeks on
the floor of this Chamber. I am very grateful to them. I wish to thank
my staff as well.
Linsey Graham, who is on the Banking Committee staff, has done a
magnificent job over the years and in working on this legislation. Amy
Friend, Charles Yi, Colin McGinnis, along with other members of the
staff, but they were the principal ones who spent long hours and nights
over the weekends over the past several weeks to pull this legislation
together.
Bill Duhnke and Mark Oesterle of Senator Shelby's staff as well
worked very hard, and I am very grateful to them.
I wish to thank the staff here as well. Certainly, the majority
leader's staff, Gary Myrick and Randy Devalk, who did a great job, and
I thank them. I can't say enough about Lula Davis and about Tim
Mitchell. Trish Engle and Jacques Purvis did a wonderful job. I thank
them. I thank David, as well, on the minority staff. They were just
wonderful.
I tried their patience, I know, on more occasions than I care to
remember, but without their involvement over these past several days we
would not have been able to achieve this accomplishment today. That
also includes Joe Lapia and Brandon Durflinger, Meredith Mellody and
Esteban Galvan as well from the cloakroom staff who worked so hard.
I am sure I have left some people out, and I apologize if I have done
so in thanking them for their work. But all of these people in their
own way contribute to what happens here. They don't often get
mentioned. Those of us who have the right to speak in this Chamber are
the ones who are seen and heard, but I want my constituents and people
in this country to know there are people every day whose names you will
never know, whose faces you will never see, who contribute mightily to
the products that get produced in this body. It takes cooperation on
the part of all of us, regardless of where we come from, what party
affiliation we are, what ideological leanings we may have. They are
wonderful, remarkable people who give their time and their professional
careers to this institution and who make these kinds of events and
these kinds of results achievable.
So I thank them all, and I thank all of my colleagues again.
I look forward to a day in the hopefully not too distant future when
President Obama will sign this legislation into law.
I yield the floor.
Mr. INOUYE. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BROWNBACK. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1140
Mr. BROWNBACK. Madam President, I have an amendment that I wish to
call up at the desk. I wish to note that the chairman of the committee
has been very good to work with me on getting this called up.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kansas [Mr. Brownback] proposes an
amendment numbered 1140.
Mr. BROWNBACK. Madam President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To express the sense of the Senate on consultation with State
and local governments in the transfer to the United States of detainees
at Naval Station Guantanamo Bay, Cuba)
At the end of title III, add the following:
Sec. 315. (a) Findings.--The Senate makes the following
findings:
(1) In response to written questions from the April 30,
2009, hearing of the Committee on Appropriations of the
Senate, the Secretary of Defense stated that--
(A) in order to implement the Executive Order of the
President to close the detention facility at Naval Station
Guantanamo Bay, Cuba, ``it is likely that we will need a
facility or facilities in the United States in which to
house'' detainees; and
(B) ``[p]ending the final decision on the disposition of
those detainees, the Department has not contacted state and
local officials about the possibility of transferring
detainees to their locations''.
(2) The Senate specifically recognized the concerns of
local communities in a 2007 resolution, adopted by the Senate
on a 94-3 vote, stating that ``detainees housed at Guantanamo
should not be released into American society, nor should they
be transferred stateside into facilities in American
communities and neighborhoods''.
(3) To date, members of the congressional delegations of
sixteen States have sponsored legislation seeking to prohibit
the transfer to their respective States and congressional
districts, or other locations in the United States, of
detainees at Naval Station Guantanamo Bay
(4) Legislatures and local governments in several States
have adopted measures announcing their opposition to housing
detainees at Naval Station Guantanamo Bay in their respective
States and localities.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of Defense should consult with State and local
government officials before making any decision about where
detainees at Naval Station Guantanamo Bay, Cuba, might be
transferred, housed, or otherwise incarcerated as a result of
the implementation of the Executive Order of the President to
close the detention facilities at Naval Station Guantanamo
Bay.
Mr. BROWNBACK. Madam President, I wish to thank my colleague, the
chairman of the committee, for allowing this to be brought up.
Obviously, people can object to different things, but he is allowing
this to be brought up.
It is a very simple amendment. It is germane as far as the Guantanamo
Bay issue. Basically, what it says is, the Department of Defense needs
to consult with local communities and States before they locate these
detainees in a State or locale in the United States. I think that is
something all of us would basically agree to--that this is something
that should be done. This is a very contentious issue. It is obviously
a very contentious issue in my State, having been mentioned a number of
times as a possible site for detainees.
People in the community of Leavenworth, KS, and people across the
State of Kansas, including former Governor Sebelius, now Cabinet
Secretary, sent a letter to the Department of Defense saying we can't
handle the detainees at Leavenworth, the military disciplinary barracks
that are there.
So what I hope is that at some point in time we could vote on this
amendment and send that clear message to the administration and the
Department of Defense that before any of these things are considered,
State and local officials are consulted because, obviously, on security
issues, we are
[[Page 12864]]
going to have to do a lot of cooperation. If these detainees are moved
anywhere into the continental United States--anywhere into the United
States--they are going to have to be dealt with.
Further, I wish to speak about the Inouye-Inhofe amendment. Last
week, on Friday, I led a congressional delegation of four Members to
view the facility at Guantanamo Bay. I would urge all of my colleagues
to go and look at the facility. It is really an extraordinary piece of
real estate which the Navy has used for many years, but it is also an
extraordinary facility where we have invested several hundred million
dollars into this mission. They built it up over a period of time. They
have security that is being provided.
The conclusion I came away with is that Guantanamo Bay is a highly
specialized detention system for hundreds of terrorists, and
replicating it would be enormously difficult, expensive, and
unnecessary. I think my view represents the views of the colleagues of
mine who went on the trip with me. I would urge people to go.
Attorney General Holder has gone and said it is a well-run facility.
I would urge President Obama to go and to look at the facility
firsthand. What they have put in there is a very specialized facility
to handle a very difficult situation.
I know it has an image issue around much of the world. But an image
issue is one thing. The practicality of dealing with the prisoners we
have there, the detainees, is another. This is a specialized facility
for handling them. I found they were able to handle dangerous
detainees. I found that how they were being handled was quite fair.
I think we should treat detainees fairly, humanely, according to the
conventions, and they are being treated as such. But to transfer the
detainees to the United States, we don't have a facility that could
handle this. I question whether we could get a locale that wants to
handle the detainees in the United States. It would also delay the
justice of the military commissions operating. We have constructed a
courtroom at Guantanamo, at the cost of several million dollars, which
is completely secure, which is ready to start the military commission
trials. It has a video streaming system in it that is completely
secure, so that witnesses can be interviewed around the world into this
courtroom setting. It is set up and ready to go.
Now that the President has gone forward with some adjustments in the
military commission process, it would delay the process further if you
required this military commission facility to be constructed somewhere
else in the United States or around the world. It would delay it in the
setup and in the movement of these detainees to other places around the
world.
There is a second key point I want to make, which is that when you
look at the situation at Guantanamo Bay and meet with the military
personnel who are handling it--who I think are doing an excellent job--
they point out clearly that the members of al-Qaida who are there
continue the battlefield in the prison. They talk about various things
that are being done, a number of which--I will not mention some here--
are quite difficult to deal with among our military personnel. Our
people look at the detainees as continuing the battlefield in the
prison.
Do we want to bring that into the prison system in the United
States--a continuation of the battlefield into the prison system here?
I don't think so. We are not set up to handle that. We need to consider
that issue. The practical issue here is what we do with the detainees,
which is a difficult problem for us. They are not in the criminal
system in the United States, nor should they be. They are not enemy
combatants, as far as representing a foreign country.
We are going to have to figure out our way through it. I invite the
administration to talk with Members in opposition to closing it. We
shouldn't have an artificially specific date to close Guantanamo Bay,
when we don't have an alternative set up. We don't have a system set up
for how we are going to handle the detainees we are going to try. It
makes better sense to not have this arbitrary timeline set and for us
to work together on how we are going to work our way through this, and
we should work together in a bipartisan fashion. I think we can do it.
I support the Inouye-Inhofe amendment. It is appropriate and I think it
represents where most U.S. citizens are.
I close by congratulating and thanking our military personnel who
work at Guantanamo Bay. I think they are doing an outstanding job under
very difficult circumstances. It is a tough setting they are working
in. It is a tough issue we are dealing with. I think they are doing a
good job. I think we are going to have to detain these people for some
time because too many are answering the battlefield again. They even
continue it in incarceration. There is no reason to think they wouldn't
continue it if they are allowed to get back onto the battlefield. I
look forward to votes on my amendment and others.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona is recognized.
Mr. McCAIN. Madam President, I will make a few remarks about what is
perhaps the most contentious issue in this supplemental funding bill,
and that is the issue we have been discussing throughout the day, and
that is how to handle the United States detention facility at
Guantanamo Bay, Cuba.
In the last few days, we have seen a flurry of amendments relating to
this issue, some Republican and others from Democrats. Indeed, it seems
that this issue has overshadowed the necessary focus on the ongoing
wars in Iraq and Afghanistan and the way forward in each. I am afraid
this bipartisan expression of concern and surge of legislative activity
has a single cause: the decision by President Obama in one of his first
acts after his inauguration to announce that he would close Guantanamo
Bay 1 year after taking office, without presenting a plan for the
disposition of the prisoners there. By announcing Guantanamo's closure
without first conducting an in-depth review of the difficult issues
posed by the Guantanamo detainees, we are left today arguing over the
wisdom of shuttering the prison in the absence of any plan for what
comes next.
With the administration unable to propose and seek support for a
comprehensive plan that encompasses all aspects of detainee policy, the
Congress has been understandably reluctant to fund the closure of
Guantanamo as the President requested in this supplemental. In fact,
the Democratic chairmen of the Appropriations Committee in both the
House and Senate have now stripped funding for closing Guantanamo from
their respective supplemental funding bills. The Senate majority leader
now says his party will not proceed in the absence of a comprehensive
plan for Guantanamo's closure.
It didn't have to be this way. During the past election, I too
supported closing Guantanamo and pledged to do so. I continue to
believe it is in the interest of the United States of America to close
Guantanamo. But all policymakers must understand how essential it is to
gain the trust of the American people on this sensitive national
security issue. We cannot simply proceed without explaining to the
American people what the plan is for how these prisoners will be
handled in a way that is consistent with American values and protective
of our national security. The American people deserve a detailed
explanation of what will take place the day after Guantanamo is closed,
and they must be certain their Government will execute its most
fundamental duty, which is to keep America and its citizens safe.
When the President announced his decision last Friday to restart
military commissions to try Guantanamo detainees for war crimes, I
applauded that decision. I have long believed that military commissions
should be the chief venue for trying alleged war crimes violations
committed by Guantanamo detainees. There is no doubt that the
coordination, complexity, and massive scale of the 9/11 attacks that
left over 3,000 innocent people dead constitute war crimes. There is
also no
[[Page 12865]]
doubt that al-Qaida and its supporters were then, and continue to be
today, committed to the destruction of our values and our way of life
and our values in a fashion that bears no resemblance to the acts of
common criminals.
But while I applauded the President for restarting military
commissions, I also pointed out that the President's overall
decisionmaking on detainee policy has left more questions than it has
provided answers. The numerous unresolved questions include: where the
Guantanamo inmates will be held and tried; how we will handle those who
cannot be tried but are too dangerous to release; how we will deal with
the prisoners held at Bagram Air Base in Afghanistan, some of whom were
captured off the Afghan battlefield.
I point out to my colleagues--and most of them know, and many
Americans know--that we have already had the experience of around 10
percent of those detainees who were released return to the battlefield.
One of them is a high-ranking al-Qaida operative in southern
Afghanistan and another in Pakistan. So this is a real threat.
The lack of a comprehensive, well-thought-out plan led to a
predictable political backlash to any movement on Guantanamo. Instead
of unifying Americans behind a plan that keeps us safe and honors our
values, the administration's course of action has unified the
opposition to moving forward--and move forward we must. National
security issues of this dimension require more than announcements and
future promises. They require full detailed explanations of a proposed
course in order to gain the support of the American people and their
elected leadership in Congress. That is what will be required for
success in closing the prison at Guantanamo Bay.
I know we will hear arguments during this debate that we should deny
funding to close Guantanamo until we see a plan on what to do with the
detainees, and we will also probably see amendments to deny detainees
any sort of entry or asylum into the United States, whether it is for
trial, post-trial incarceration, long-term preventive detention, or
administrative detention pending deportation. We will do the best we
can to deal with these issues, with the information from the
administration that is available to us.
I look forward to working with my colleagues on both sides of the
aisle on this issue. But most important, I again say to the President
that I will work with him to forge a bipartisan solution to this very
difficult problem that faces all of us. I urge again that we address
all the detainee policy issues in a comprehensive fashion and lay out a
plan that will keep us safe and honor our values. I strongly believe a
comprehensive plan will lead to success, while a piecemeal approach,
without addressing the legitimate concerns of the American public and
Congress, will continue to divide us.
I yield the floor.
Mr. INOUYE. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BENNETT. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BENNETT. Madam President, I rise to thank the chairman of the
full committee, along with the ranking member, for their wisdom with
respect to the money allocated for Guantanamo Bay and the prison there.
I want to make a few comments with respect to the prison at Guantanamo
Bay.
I have visited the prison at Guantanamo Bay. I led a CODEL--for those
watching on television, that means a congressional delegation--of
myself, members of the House, and, on this occasion, I took some
members of the European Parliament. That is interesting, because when
we came back and held a press conference to report what we had found,
members of the European Parliament on the CODEL said, ``We cannot
participate in this press conference.'' I said, ``Why?'' They said,
``If we told the truth about what we saw at Guantanamo, we could not go
home to Europe. The animosity toward Guantanamo in Europe is so strong
that if we told the truth about how good things are down there, we
would be attacked politically in Europe and we would lose our seat in
the European Parliament.''
I said: Well, I don't want you to lose your seats in the European
Parliament. I won't ask you to participate. But we did hold a press
conference, and one of those who did participate said: I wish the
prisons in my district back home were as good as the prison in
Guantanamo.
Let me describe what we found in Guantanamo, not with respect to how
well the prison was designed or how well the prison was administered
but who the prisoners are, or, as they are appropriately called, the
detainees.
If you talk to the detainees, every one of them is a goat herder
picked up by accident by the American troops when they were in
Afghanistan or in Iraq or wherever it was. None of them had any
connection with al-Qaida at all. This was all a huge mistake.
I have been in the storeroom where they keep all of the items that
were taken from these detainees when they were picked up. The question
arises: What is a goat herder doing with hundreds of dollars of
American money in $100 bills? What is a goat herder doing with
sophisticated explosive equipment in his back sack? What is a goat
herder doing with forged passports and other information and
documentation? Maybe these people are not all goat herders. Maybe these
people really are connected with al-Qaida, just based on what they
found.
I have watched an interrogation take place at Guantanamo by closed-
circuit television. The interrogation room is one which has stuffed
furniture, pleasant surroundings. The detainee, to be sure, has irons
on his legs so that he cannot leave his chair where he is sitting. They
are not tying him directly to the chair, but he couldn't get up and
walk out. But he is sitting on the chair, and the interrogator is
sitting across the room in another chair, and they are having a
pleasant conversation.
You say: What kind of an interrogation is this? The interrogation is
a conversation, and it goes on for an hour, an hour and a half. Then
next week there is another conversation that goes on for an hour, an
hour and a half, 2 hours, whatever it might be. Out of those
conversations, little items begin to slip from the mouth of the
detainee. The interrogator is able to take those items and piece them
together, and pretty soon, after a few weeks or maybe a month or two,
the interrogator knows that goat herder A has just identified goat
herder B as an explosives expert high in the level of al-Qaida. Then,
based on that information, when goat herder B is in for his
interrogation, there is a conversation, and another thing starts to
slip. Over a period of months, a pattern of information emerges that
makes it possible to identify who is what and where in the whole al-
Qaida operation.
Understand, the interrogation is not Soviet style to try to beat a
confession out of anybody. It is to find out information that can be
used in the war against terror. This information is painstakingly put
together over a period of time. Pretty soon, the pattern emerges, and
the interrogators begin to understand who these people are, what their
relationship to each other may be, and what their role was out on the
battlefield.
One of the things I had not realized until I got there was that as a
result of this process, the determination has been made with respect to
hundreds of these detainees that they are no longer dangerous, they no
longer have any information we need, they are no longer in a position
to be dangerous to the United States. When that determination is made,
they are released.
Hundreds of the detainees at Guantanamo have been released. Many of
them have showed up again on the battlefield. Indeed, some of them have
been killed by American troops on the battlefield as they have been
fighting back, which means the interrogators who decided they were no
longer dangerous made a mistake. It turns out
[[Page 12866]]
they really were dangerous, they really were connected at a higher
level than we were able to determine through the interrogator, and they
had fooled the interrogator into believing they were innocent
bystanders who somehow did not belong there, and they got released and
found their way back to Afghanistan, back to the battlefield. Some of
them whom we knew well enough from their time in Guantanamo identified
on the battlefield were shot and killed by American forces in
firefights where they were attacking Americans.
One of the things they do at Guantanamo--``they'' being the
detainees--is to make every effort to communicate with each other and
create conspiracies within the prison. Conspiracies to do what?
Conspiracies to create incidents that will create international outrage
against the United States.
Two weeks before we arrived there, there was one such incident. I had
not seen it in the American newspapers. I was told that it was reported
in the American newspapers but only in passing. When we got the details
from the guards and the administrators of the prison describing the
specifics of what had happened, I realized that the story in the
American newspapers was very sketchy.
Over a period of months, the detainees conspired together to create
an incident in the area that was part of the exercise facility. They
planned it very carefully. They worked together. They complied with all
of the rules in the prison that would allow them greater freedom
because as the commandant of the prison said to us: I don't have very
many sticks; I only have carrots.
To get people to cooperate, if they abide by the rules they lay down,
we give them greater freedom, we give them greater opportunities. So
these people would comply in every way until they could get to a
circumstance where they could talk to each other, be on the exercise
field, and hatch their plan.
Finally, this is what they did. They put up some screens in the form
of clothing or some kind of cover so that the guards, for a short
period of time, could not see what they were doing in this room. In
that period of time, they pulled down the fluorescent tubes from the
light fixtures in the ceiling so that they could use them as weapons.
At the same time, they covered the floor with a variety of liquids,
their purpose was to make the floor as slippery as possible. Then when
the guard came in to see what was going on because the screens had gone
up, as he walked in, suddenly he was standing on liquids that were
slippery so that he couldn't get his footing very well, and they were
attacking him with the fluorescent tubes as weapons, trying to create a
significant incident. Fortunately, he was able to keep his footing. He
was able to pull out his weapon. He was able to gain control of the
situation, and the rest of the guards were alerted fast enough to come
in before it turned into serious injury. But the American guard came
very close to serious injury.
Their hope was, as nearly as the interrogators could figure out, to
provoke the Americans into killing one of them. Their hope was to
create a circumstance where there would be a death in Guantanamo that
would create a worldwide outcry of outrage against the brutal Americans
in this prison and thereby make their political point.
There were many other examples which were given to us of attacks on
the guards by the prisoners in circumstances, again, that are not
appropriate to discuss in this setting but that are thoroughly
disgusting and outrageous in terms of the violation of the person of
the guards involved.
On one occasion where it was particularly outrageous, it was a young
woman who had joined the Navy and was in her first assignment doing her
best to patrol up and down an aisle between the cells. In this case,
the cells had screens on them through which items could be thrown. They
were thrown at her and in her face.
Their commanding officer said to her: Go take a shower and take the
afternoon off, to recover from this horrendous kind of experience for
her.
She said: I will take the shower, I will get a clean uniform, but I
will come back. I will not let them intimidate me to say I can no
longer walk my patrol.
That is the kind of valor and integrity we have from the Americans
who are there policing these people.
I could go on about other things we discovered. The primary health
care problem the detainees have in Guantanamo is obesity. They are fed
so well and they have no control on how much they eat; they can use
whatever they want from the food as they come into the commissary. The
doctors and the nurses who are there to take care of them say we have a
problem of overweight with every one of them. They have never had this
much food available to them in their lives.
They are all looked after. Many of them came with significant health
care problems off the battlefield, and it is the American medical corps
that has made them well and whole.
Why do I dwell on all of this about the nature of the prisoners?
Because I am sympathetic with those Americans who say: We don't want
these people in our prisons. And indeed we don't--not because of a
``not in my backyard'' syndrome, but guards who are trained to deal
with the kinds of prisoners who show up in American prisons now are not
prepared to deal with people who are potential suicides to make a
point, people who will deliberately provoke the guard in the hope that
they will get killed or seriously injured in order to make an
international incident. This is not your average automobile stealer.
This is not even your average drug dealer. This is someone who has a
political agenda and sees the prison in America as the stage on which
that agenda can be acted out. To put that prisoner into an American
prison where they are going to be rubbing shoulders with other convicts
who have absolutely no idea what they are getting into and call upon
guards to deal with them who have no idea what they are getting into is
seriously not a good idea.
Where do you keep people like this? You keep them in a facility that
is designed to deal with them. You keep them with guards who are
trained to deal with them. And you use the facility to get the
information they can give you to be helpful in the war on terror. That
is what the prison at Guantanamo was built to become, and that is what
it is.
If the President of the United States now decides that keeping
Guantanamo open is a political embarrassment with other countries in
the world and it becomes necessary for us in our diplomacy to close
Guantanamo, I say that is his decision. The Constitution gives him the
responsibility of foreign affairs, and I will respect that decision.
But as a Member of the Congress, I don't want to fund that decision
until I know what he has in mind as an alternative place to put them.
The idea of breaking them up and scattering them around the United
States and letting them go to ordinary prisons--be they Federal, State,
or local--in the United States is to ignore who they are and ignore
what they can do and ignore the challenge they represent to law
enforcement and penitentiary personnel in America's existing prisons.
So that is why I applaud the chairman in his decision to say we are
going to put this off. We are going to delay the time when Guantanamo
will be closed until we have a logical place to put them.
Because right now, if you want to describe the logical place to put
these prisoners at this time, in this particular struggle with al-Qaida
and the rest of the terrorists, the logical place is where they are
right now. If it means keeping Guantanamo prison for an extra year or
an extra 2 years or whatever it takes to get an intelligent
alternative, I say, let's do that. Because the intelligent alternative
does not exist at the moment.
I hear no plans being drawn to create it in the future. I think we
owe it to those Americans who would otherwise have to deal with it if
the U.S. Navy doesn't, to say we are not going to turn them over to you
until you have a legitimate and well-thought-out plan as to the way to
deal with it.
It is for that reason, again, that I congratulate the chairman and
the
[[Page 12867]]
committee on the decision to withhold this funding until such a plan
has been made available to us.
I yield the floor, and I suggest the absence of a quorum.
The legislative clerk proceeded to call the roll.
Mr. HATCH. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HATCH. Madam President, I, again, rise to express my concerns
regarding the closure of the Guantanamo Bay Detention Center. The
closure of this Nation's only secure strategic interrogation center
puts our Nation at risk.
I am uncompelled by the Obama administration's legal and policy
reasons to justify closing Guantanamo within the next 8 months.
Currently, there is no suitable replacement for Guantanamo. This $200
million facility is secure and is a state-of-the-art facility.
Moreover, it is located away from population centers and staffed by
trained military personnel. Guantanamo has no equal within the
continental United States.
On March 19, 2009, it was reported by the Wall Street Journal that
Attorney General Eric Holder made reference to the idea that the
Department of Justice would bring some of the detainees to this country
and release them. The Attorney General's statement that he is open to a
policy of outright release of terrorists brought to the United States
is disturbing, coming as it does from the senior administration
official charged with executing this plan. It also does not dispel my
grave concerns about closing Guantanamo Bay.
Indeed, the manner in which this closure has been orchestrated has
provided few details and little assurance about how this facility will
be closed within the next 8 months and what will be the superior
alternative to Guantanamo.
Of the approximately 240 detainees remaining at Guantanamo, 174 of
them received or conducted training at al-Qaida camps and facilities in
Afghanistan. There is direct evidence that 112 participated in armed
hostilities against U.S. or coalition forces. Furthermore, 64 of these
remaining detainees either worked for or had direct contact with Osama
bin Laden, and 63 of the remaining detainees had traveled to Tora Bora.
In 2001, the Tora Bora cave complex became the fallback position for
the Taliban and was believed to be the hideout for Osama bin Laden. Not
just anyone could gain access to these caves. We have gone through
these particular features. There were 174 who received training in al-
Qaida camps in Afghanistan; 112 participated in armed hostility with
the U.S. or coalition forces; 64 worked for or had contact with Osama
bin Laden; 63 traveled to Tora Bora.
The administration has stated that they will bring the Chinese
Uighurs to the United States for the sole purpose of releasing them.
All 17 Uighurs have demonstrable ties to the East Turkistan Islamic
Movement, the ETIM, a designated terrorist organization since 2004. The
ETIM made terrorist threats against the 2008 Beijing Olympics, and,
regardless of previous terrorist activity, any member of this
organization would be ineligible to enter the United States, pursuant
to Federal immigration law, let alone be allowed to roam this country.
One of the trainers for these Chinese nationals was Hassan Mahsun, an
associate of Osama bin Laden. The Uighurs traveled to Afghanistan by
using al-Qaida resources. They were also lodged in al-Qaida safe houses
and terrorist training facilities. This alone is indicative that these
terrorists were vetted and respected enough to be allowed access to al-
Qaida havens.
Title 8, section 1182 of the United States Code defines inadmissible
aliens. Under this law, any alien who has engaged in terrorist activity
or is a representative of a terrorist organization is ineligible to
enter the United States. The ``Guantanamo'' Uighurs have certainly met
this definition, but to completely address this argument, I want to
take this analysis one step further. The law also states that ``any
alien who has received military-type training from or on behalf of any
organization that, at the time the training was received, was a
terrorist organization, is ineligible to enter the country.''
That is what this says:
In general any alien who has received military training as
identified in section 2339 D(c)(1) of title 18, from or on
behalf of any organization that, at the time training was
received, was a terrorist organization as defined in clause
VI.
I also would like to point out that my esteemed colleague from the
Judiciary Committee, Senator Sessions, has brought this statute to the
attention of the Attorney General. My colleague has asked for the
reasoning behind the Justice Department's assertion that the Uighurs
could be foisted upon unsuspecting American communities as Chinese
citizens in need of asylum. The Justice Department's opinion that
terrorists can be brought to this country for the purposes of
nondetention is preposterous. It is another example of this
administration's propensity to leap before it looks--to rush headlong
into making policy without carefully analyzing what the unwanted
byproducts or consequences of that policy will be. I am interested in
hearing the Justice Department's legal reasoning for justifying this
transfer.
Three weeks ago, while in Germany, Attorney General Holder described
the closure of Guantanamo as ``good for all nations.'' He argued that
anger over the prison has become a ``powerful global recruiting tool
for terrorists.'' With all due respect to the Attorney General, neither
he nor anyone else in this administration has yet demonstrated a strong
analytic understanding of what is motivating terrorist recruitment.
Furthermore, terrorist organizations did not appear to face a shortage
of recruits for violent jihad prior to the media frenzy on the
Guantanamo facility. Jihadists are ideologically motivated. In fact,
corroborated evidence obtained from interviews and interrogations of
detainees at Guantanamo has revealed that 118 of the remaining
detainees in custody were recruited or inspired by a terrorist network.
Therefore, closing Guantanamo in the next 8 months is simply not going
to be a ``silver bullet'' and solve the problem of recruitment to
violent jihad.
For this and other reasons, I am simply not willing to trade
Guantanamo for the possibility of trying to appease and become more
popular with our critics living in foreign countries. Popularity is an
inappropriate and extremely mushy measure of policy soundness. Many of
our foreign critics would like our nation to abandon its support for
Israel. Of course we wouldn't. If our Nation's popularity abroad is our
primary concern, wouldn't we have to consider that option? I know this
Senator will never consider that, irrespective of what our foreign
critics say or what the contemporary media or oversensitive diplomats
suggest.
If the administration follows its timeline, as I have said before,
Guantanamo will be closed in 8 months. Any detainees left in custody at
the end of that time will be transported to the United States. I think
it bears repeating that this transport will be from a secure, state-of-
the-art facility--one that is already operational and fully staffed
with trained military personnel. Relocation of these detainees to the
United States would require agencies like the U.S. Marshal Service, FBI
and the Bureau of Prisons--BOP--to divert assets and manpower from
essential programs and facilities to secure these detainees.
It is worth noting that the Bureau of Prisons does not have enough
space available to house these detainees in high-security facilities.
BOP officials have previously stated that they consider these prisoners
a ``high security risk.'' As such, they would need to house them in a
maximum-security facility. The BOP has 15 high-security facilities.
These installations were originally built to hold 13,448 prisoners, yet
they currently house more than 20,000 high-security inmates. So it
doesn't take a rocket scientist to see that the BOP cannot receive
these Guantanamo
[[Page 12868]]
detainees. The Bureau's high-security facilities are already woefully
overcrowded by nearly 7,000 inmates.
Look at the current population, the yellow bar graph. The blue one is
the total rated capacity. We have enough people in these high maximum
security prisons that they are overfilled now. Yet they want to put
these high-risk terrorists--somewhere. They certainly can't be in these
high-risk facilities.
Moreover, it does not appear to be fiscally smart to shutter a
functional $200 million facility that has no equal domestically. Why
would the Federal Government transfer detainees from a secure military
facility located on an island that is isolated from populous areas to a
domestic military installation? Why should we make the Marshal Service
or the Bureau of Prisons jump through hoops to recreate or replicate
the proven effective model of a detention facility that Guantanamo has
become.
A few weeks ago President Obama asked his Cabinet to find ways to
save $100 million from the Federal budget. However, the President's
Defense Supplemental contained $80 million for the closure of
Guantanamo. The administration had no plan on how to spend that $80
million and had not identified a replacement that is superior to
Guantanamo. Fortunately, the House of Representatives addressed this
flawed plan or lack of a plan, and correctly stripped the $80 million
out of the Defense Supplemental. Since 1903, we have been paying rent
to Cuba for the use of Guantanamo Bay. This amount is less than $5,000
a month. Despite this, the administration insists on closing Guantanamo
and spending millions of taxpayer dollars without a defined plan. That
is ludicrous.
In February, a Department of Defense report determined that
Guantanamo far exceeds any detention facility here in the United
States. This report also found that the facility is in compliance with
Common Article III of the Geneva Convention. I am sure I need not
remind my colleagues, many of whom have visited Guantanamo as I have,
that this facility has the capability to accommodate a trial, provide
health care and securely house some of the most dangerous terrorists
ever captured.
Sadly, the epitaph of the Guantanamo Bay Detention Facility was
written the day the executive orders to close it were signed. Despite
not having a process to close Guantanamo, the administration is
determined to do it anyway. Therefore, Guantanamo will be closed in 8
months--not because its current conditions violate the Geneva
Convention, but because of a slanderous campaign by the media to paint
Guantanamo as a symbol of injustice. Unfortunately, some of my
colleagues have drank the Kool-Aid and bought into this canard. Let me
remind my colleagues that Common Article III of the Geneva Convention
requires that prisoners of war not be held in civilian prisons and
should not be tried in civilian courts.
Guantanamo is still an asset to this country. I don't see how anyone
who is honest about the matter can characterize it any other way,
especially when there is not a sufficient replacement located
domestically to meet the Justice Department's needs. It is my fervent
hope that the President and the Attorney General will reconsider their
ill-considered plan to close Guantanamo and recognize the obvious--that
a $200 million dollar facility that is already operational and in
compliance with international treaties should not be shuttered and
closed.
Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. INOUYE. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1137
Mr. INOUYE. Madam President, I ask unanimous consent that the pending
amendment be set aside and that the Senate return to the consideration
of amendment No. 1137. This technical amendment has been cleared by
both sides.
The PRESIDING OFFICER. Without objection, the amendment is pending.
Is there further debate? If not, the question is on agreeing to the
amendment.
The amendment (No. 1137) was agreed to.
Mr. INOUYE. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Udall of Colorado.) Without objection, it
is so ordered.
Mr. REID. Mr. President, I ask unanimous consent that on Wednesday,
tomorrow, May 20, after any statements of the leaders, the Senate
resume consideration of H.R. 2346 and Inouye amendment No. 1133; that
there be 2 hours of debate equally divided and controlled between the
leaders on that amendment or their designees, with the time allocated
as follows: The first 30 minutes under the control of the Republican
leader, the second 30 minutes under the control of the majority leader,
and the final 60 minutes divided equally, with 10-minute limitations,
with the final 5 minutes of time under the control of Senator Inouye;
that upon the use of this time, the Senate proceed to vote on the
Inouye amendment with no amendment in order to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Cloture Motion
Mr. REID. Mr. President, I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the clerk will report the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on H.R. 2346, the
Supplemental Appropriations Act of 2009.
Harry Reid, Christopher J. Dodd, Charles E. Schumer, Mark
Begich, Mark L. Pryor, Richard Durbin, Patty Murray,
Tom Harkin, Edward E. Kaufman, Claire McCaskill,
Michael F. Bennet, Mark Udall, Jeanne Shaheen, Carl
Levin, Jack Reed, Sheldon Whitehouse, Daniel K. Inouye.
Mr. REID. Mr. President, I ask unanimous consent that the mandatory
quorum also be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. REID. Mr. President, I ask unanimous consent that we now proceed
to a period of morning business with Senators allowed to speak therein
for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
CHANGES TO S. CON. RES. 13
Mr. CONRAD. Mr. President, section 401(c)(4) of S. Con. Res. 13, the
2010 budget resolution, permits the chairman of the Senate Budget
Committee to adjust the section 401(b) discretionary spending limits,
allocations pursuant to section 302(a) of the Congressional Budget Act
of 1974, and aggregates for legislation making appropriations for
fiscal years 2009 and 2010 for overseas deployments and other
activities by the amounts provided in such legislation for those
purposes and so designated pursuant to section 401(c)(4). The
adjustment is limited to the total amount of budget authority specified
in section 104(21) of S. Con. Res. 13. For 2009, that limitation is
$90.745 billion, and for 2010, it is $130 billion.
On May 14, 2009, the Senate Appropriations Committee reported S.
1054, a bill making supplemental appropriations for the fiscal year
ending September 30, 2009, and for other purposes. The reported bill
will be offered as a complete substitute to H.R. 2346, a bill making
supplemental appropriations
[[Page 12869]]
for the fiscal year ending September 30, 2009, and for other purposes.
I find that the amendment in the nature of a substitute to H.R. 2346
fulfills the conditions of section 401(c)(4). As a result, for fiscal
years 2009 and 2010, I am revising both the discretionary spending
limits and the allocation to the Senate Committee on Appropriations for
discretionary budget authority and outlays. For 2009, the total amount
of the adjustment is $88.290 billion in discretionary budget authority
and $26.353 billion in outlays. For 2010, the total amount of the
adjustment is $5 billion in discretionary budget authority and $34.753
billion in outlays. I am also adjusting the aggregates consistent with
section 401(c)(4) of S. Con. Res. 13 to reconcile the Congressional
Budget Office's score of S. 1054 with the amounts that were assumed in
section 104(21) of S. Con. Res. 13 for the 2009 supplemental
appropriation bill.
I ask unanimous consent that the following revisions to S. Con. Res.
13 be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 401(c)(4)
ADJUSTMENTS TO SUPPORT ONGOING OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES
[In billions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Section 101
(1)(A) Federal Revenues:
FY 2009................................................ 1,532.571
FY 2010................................................ 1,653.682
FY 2011................................................ 1,929.625
FY 2012................................................ 2,129.601
FY 2013................................................ 2,291.120
FY 2014................................................ 2,495.781
(1)(B) Change in Federal Revenues:
FY 2009................................................ 0.000
FY 2010................................................ -12.304
FY 2011................................................ -159.006
FY 2012................................................ -230.792
FY 2013................................................ -224.217
FY 2014................................................ -137.877
(2) New Budget Authority:
FY 2009................................................ 3,673.472
FY 2010................................................ 2,888.696
FY 2011................................................ 2,844.910
FY 2012................................................ 2,848.117
FY 2013................................................ 3,012.193
FY 2014................................................ 3,188.847
(3) Budget Outlays:
FY 2009................................................ 3,358.476
FY 2010................................................ 3,002.654
FY 2011................................................ 2,968.219
FY 2012................................................ 2,882.741
FY 2013................................................ 3,019.399
FY 2014................................................ 3,174.834
------------------------------------------------------------------------
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 401(c)(4)
TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE SENATE
APPROPRIATIONS COMMITTEE AND THE SECTION 401(b) SENATE DISCRETIONARY
SPENDING LIMITS
[In millions of dollars]
------------------------------------------------------------------------
Initial Revised
allocation Adjustment allocation
limit limit
------------------------------------------------------------------------
FY 2009 Discretionary Budget 1,391,471 88,290 1,479,761
Authority.......................
FY 2009 Discretionary Outlays.... 1,220,843 26,353 1,247,196
FY 2010 Discretionary Budget 1,082,250 5 1,082,255
Authority.......................
FY 2010 Discretionary Outlays.... 1,269,471 34,753 1,304,224
------------------------------------------------------------------------
____________________
FURTHER CHANGES TO S. CON. RES. 13
Mr. CONRAD. Mr. President, section 401(c)(4) of S. Con. Res. 13, the
2010 budget resolution, permits the chairman of the Senate Budget
Committee to adjust the section 401(b) discretionary spending limits,
allocations pursuant to section 302(a) of the Congressional Budget Act
of 1974, and aggregates for legislation making appropriations for
fiscal years 2009 and 2010 for overseas deployments and other
activities by the amounts provided in such legislation for those
purposes and so designated pursuant to section 401(c)(4). The
adjustment is limited to the total amount of budget authority specified
in section 104(21) of S. Con. Res. 13. For 2009, that limitation is
$90.745 billion, and for 2010, it is $130 billion.
I have already made on adjustment pursuant to section 401(c)(4) for
the bill reported by the Senate Committee on Appropriations making
supplemental appropriations for the fiscal year ending September 30,
2009, and for other purposes. The reported legislation was offered as a
complete substitute to H.R. 2346, a bill making supplemental
appropriations for the fiscal year ending September 30, 2009, and for
other purposes.
I now file further changes to S. Con. Res. 13 pursuant to section
401(c)(4) for an amendment offered under the authority of the Senate
Committee on Appropriations. I find this amendment satisfies the
conditions of section 401(c)(4). As a result, for fiscal years 2009 and
2010, I am further revising both the discretionary spending limits and
the allocation to the Senate Committee on Appropriations for
discretionary budget authority and outlays. For 2009, the total amount
of the adjustment is $925 million in discretionary budget authority and
$34 million in outlays. For 2010, the total amount of the adjustment is
$661 million in outlays. With the further adjustment in budget
authority in 2009, the Senate will have used $89.215 billion of the
$90.745 billion permitted in adjustments under section 401(c)(4).
Finally, I am also further adjusting the aggregates consistent with
section 401(c)(4) of S. Con. Res. 13 and to reflect the changes made by
this amendment.
I ask unanimous consent that the following revisions to S. Con. Res.
13 be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
401(c)(4) ADJUSTMENTS TO SUPPORT ONGOING OVERSEAS DEPLOYMENTS AND OTHER
ACTIVITIES
[In billions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Section 101
(1)(A) Federal Revenues:
FY 2009................................................ 1,532.571
FY 2010................................................ 1,653.682
FY 2011................................................ 1,929.625
FY 2012................................................ 2,129.601
FY 2013................................................ 2,291.120
FY 2014................................................ 2,495.781
(1)(B) Change in Federal Revenues:
FY 2009................................................ 0.000
FY 2010................................................ -12.304
FY 2011................................................ -159.006
FY 2012................................................ -230.792
FY 2013................................................ -224.217
FY 2014................................................ -137.877
(2) New Budget Authority:
FY 2009................................................ 3,674.397
FY 2010................................................ 2,888.696
FY 2011................................................ 2,844.910
FY 2012................................................ 2,848.117
FY 2013................................................ 3,012.193
FY 2014................................................ 3,188.847
(3) Budget Outlays:
FY 2009................................................ 3,358.510
FY 2010................................................ 3,003.315
FY 2011................................................ 2,968.400
FY 2012................................................ 2,882.775
FY 2013................................................ 3,019.404
FY 2014................................................ 3,174.836
------------------------------------------------------------------------
CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2010--S. CON. RES.
13; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
401(c)(4) TO THE ALLOCATION OF BUDGET AUTHORITY AND OUTLAYS TO THE
SENATE APPROPRIATIONS COMMITTEE AND THE SECTION 401(b) SENATE
DISCRETIONARY SPENDING LIMITS
[In millions of dollars]
------------------------------------------------------------------------
Initial Revised
allocation/ Adjustment allocation/
limit limit
------------------------------------------------------------------------
FY 2009 Discretionary Budget 1,479,761 925 1,480,686
Authority.......................
FY 2009 Discretionary Outlays.... 1,247,196 34 1,247,230
FY 2010 Discretionary Budget 1,082,255 0 1,082,255
Authority.......................
FY 2010 Discretionary Outlays.... 1,304,224 661 1,304,885
------------------------------------------------------------------------
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
____________________
CONFIRMATION OF MARGARET HAMBURG
Mr. KENNEDY. Mr. President, I commend my Senate colleagues for
confirming the President's nominee for FDA Commissioner, Dr. Margaret
Hamburg. Strong, new leadership is needed to improve the operations and
morale of the agency and make the FDA again the world class agency that
Americans trust to protect the health of their families.
Dr. Hamburg's expertise in community health, biodefense, and nuclear,
[[Page 12870]]
biological, and chemical preparedness is well-known and highly
respected, and her experience makes her eminently well-qualified to
lead the FDA at this difficult time.
As a student and researcher, Dr. Hamburg learned first hand about
many of the issues which confront the FDA. Later, at the Office of
Disease Prevention and Health Promotion, as assistant director of the
National Institute of Allergy and Infectious Diseases at NIH, and as
the commissioner of the New York City Department of Health and Mental
Hygiene, she proved herself to be a brilliant scientist and leader. Her
skills were particularly impressive on tuberculosis, which was the
leading infectious killer of youths and adults in the city in the 1990s
and had become resistant to standard drugs. Within 5 years, the TB rate
in New York City fell by 46 percent overall, and 86 percent for the
most drug-resistant strains.
Dr. Hamburg's impressive experience was further enhanced by her
service as President Clinton's Assistant Secretary for Policy and
Evaluation at HHS, as a member of the Institute of Medicine, and as
vice president for Biological Programs at the Nuclear Threat
Initiative.
Dr. Hamburg will face many challenges as FDA Commissioner but she is
obviously well-prepared to deal with them. She has impressive
experience in both clinical practice and research, and her background
makes her ideal to lead the FDA as it combats food-borne illnesses,
works with other agencies to combat disease outbreaks, and protects our
food, drugs, and medical devices. Her confirmation marks the beginning
of a welcome new era at FDA, and I look forward very much to working
with her.
Mr. ENZI. Mr. President, I rise today to congratulate Dr. Margaret
Hamburg on her confirmation last night by the Senate to be commissioner
of the Food and Drug Administration. I wish to also thank Dr. Hamburg
for her previous public service and her willingness to once again go
through the process of Senate confirmation. The vetting process for
executive nominees is thorough and not without some degree of personal
and professional sacrifice. I thank Dr. Hamburg for her willingness to
serve.
Dr. Hamburg is an internationally recognized leader in public health
and medicine, and an authority on global health, public health systems,
infectious disease, bioterrorism and emergency preparedness. This
background is especially important given that the swine flu--H1N1
influenza--has been on the front pages for several weeks and spread
across the globe during that time. Dr. Hamburg has a tremendous amount
of experience with emergency preparedness.
The FDA has a very broad and critical mission in protecting the
public health. Dr. Hamburg is in charge of an agency that regulates $1
trillion worth of products a year. The FDA ensures the safety and
effectiveness of all drugs, biological products such as vaccines,
medical devices, and animal drugs and feed. It also oversees the safety
of a vast variety of food products as well as medical and consumer
products, including cosmetics.
As commissioner of the FDA, Dr. Hamburg is responsible for advancing
the public health by helping to speed innovations in its mission areas,
and by helping the public get accurate, science-based information on
medicines and foods.
Another core mission of FDA is approving drugs and ensuring their
safety. However, the FDA can not ensure the safety of deadly products
such as tobacco--it kills people, not cures them. Yet this week the
HELP Committee, of which I am the ranking member, is set to consider
legislation that would require the FDA to regulate tobacco. At a time
when federal dollars are stretched and resources are limited, I have
serious concerns about adding more statutory responsibilities at FDA.
In addition, given the recalls of spinach, peanuts, peppers, and
tomatoes over the past two years, FDA's resources are already stretched
too thin on the food safety front.
I represent a State that has substantial agricultural interests. Food
safety and food labeling are critically important to me and my
constituents. I am hopeful that Dr. Hamburg and I can work together on
protecting the American food supply.
Additionally, I look forward to working with the new commissioner to
restore the FDA's status as one of the strongest regulatory agencies in
the world. I have no doubt that with the right leadership in place and
with Congressional oversight, the FDA will again be the gold standard
and our regulatory process the envy of the world.
Given Dr. Hamburg's expertise in emergency preparedness, pandemics
and public health, I am pleased that the Senate acted quickly on this
nomination. Again, I would like to congratulate Dr. Hamburg on her
confirmation.
Mr. DURBIN. Mr. President, yesterday the Senate confirmed Dr.
Margaret ``Peggy'' Hamburg as Commissioner of the Food and Drug
Administration, FDA.
Dr. Hamburg comes to the job at a time when our Nation's food safety
system is in crisis. In the last couple of years we have seen
nationwide outbreaks associated with spinach, tomatoes and peppers, and
peanuts and peanut butter. With peanuts, we also saw the biggest food
recall in our nation's history as hundreds of companies recalled
thousands of products from crackers to ice cream to even pet food. Our
food safety problems don't just start and stop at home: we have also
seen chemically tainted pet food, milk products, and seafood from
China.
It is no secret that our food safety system is in serious trouble. It
is all over the headlines. It's also no secret that the FDA the agency
responsible for protecting nearly 80 percent of our food hasn't kept
up, with its outdated statutes, eroding budgets, and inadequate
resources and authorities.
Congress hasn't passed a major food safety bill in decades, and we
are seeing the results of that inaction. More than 76 million Americans
become sick because of a food-borne illness each year, 325,000 are
hospitalized, and 5,000 die. Companies lose the confidence of their
customers and shareholders, and they lose profits. Some experts
estimate that the peanut growers will lose $1 billion as a result of
the latest outbreak. Kellogg, just one company among hundreds, lost $70
million.
The time for comprehensive food safety reform is long past due. In
March, Senator Gregg and I introduced the FDA Food Safety Modernization
Act, a bipartisan bill that gives the FDA the new authorities and
resources it needs to protect our food supply. This bill improves the
FDA's capacity to prevent, detect, and respond to food safety problems,
whether it's salmonella-tainted peanut butter from Georgia or melamine-
spiked baby formula from China.
For the first time in a long time, we are also seeing leadership on
food safety from the other end of Pennsylvania Avenue. The Food Safety
Working Group, led by Health and Human Services Secretary Kathleen
Sebelius and Agriculture Secretary Tom Vilsack, is doing what hasn't
been done in decades: taking a comprehensive, coordinated look at the
outdated food safety laws on the books and making recommendations on
reform.
Last week I had the opportunity to attend a first-ever listening
session hosted by the White House focused on food safety reform. This
was a chance for members of Congress, the administration, consumer
groups, and industry to come together and talk about the challenges
facing the safety of our food supply as well as the solutions.
Dr. Hamburg, with her public health expertise and impressive record
of success as former health commissioner of New York City, is a welcome
addition to the working group. I had a chance to meet with Dr. Hamburg
before her confirmation. During our meeting, as well as in her
confirmation hearing, she made clear her commitment to the long term
goal of transforming food safety oversight at FDA to focus on the
public health goal of prevention. I am confident that she is the right
person to tackle this challenge and others facing the FDA, and to
restore morale and public confidence in the agency. I look forward to
working with her and the
[[Page 12871]]
other members of President Obama's food safety working group to enact
FDA food safety legislation this year.
____________________
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
GEORGE MITCHELL SCHOLARS
Mr. KENNEDY. Mr. President, today, Taoiseach Brian Cowen met
with the ninth class of George J. Mitchell Scholars. His decision to
meet with this impressive group of students demonstrates the major
contribution this program is making to strengthen the future of the
United States-Ireland relationship.
The United States-Ireland Alliance was created in 1998 by my former
foreign policy adviser, Trina Vargo. With limited resources and staff,
the alliance has been at the forefront of recognizing, and then
responding to, the fundamental changes in the United States-Ireland
relationship.
The Mitchell Scholarship program is the keystone of the United
States-Ireland Alliance. It has been led ably by Mary Lou Hartman, and
has gone from strength to strength. In a few short years, the program
has become as competitive and as sought after as other renowned
scholarships such as the Rhodes, Marshall, and Fulbright Scholarships.
This year, 300 people applied for the 12 annual Mitchell Scholarships.
I have followed the causes of these former Mitchell Scholars and they
are already making outstanding contributions and reflect the commitment
to service exemplified by our former Senate colleague, George Mitchell.
One former Mitchell Scholar, Seena Perumal, lives in Cambridge, MA,
where she serves is chief of staff for the Massachusetts Division of
Health Care Finance and Policy. Seena graduated with a bachelor's
degree in religion and a master's in public health from Case Western
Reserve University. She founded and was president of Project Sunshine,
which serves hospitalized children, and founded and was president of
Alternative Break, an organization that helps organize community
service trips during spring breaks from college. She also worked with
Cleveland Jobs With Justice, a group that ensures workers' rights. As a
Mitchell Scholar, she obtained a master's degree in international human
rights at the National University of Ireland in Galway. She then served
as the director of new initiatives for the New York City Department of
Homeless Services, the agency that oversees policies and programs for
the city's approximately 37,000 homeless persons.
The U.S. Government has provided $500,000 each year for the Mitchell
Scholarship Program. I commend Irish businessman Derek Quinlan for his
commitment to raise 20 million euros toward establishing a permanent
endowment for this program. The Irish Government has agreed to match
what is raised for this impressive program, and I am sure that United
States-Ireland ties will continue to benefit significantly from these
important scholarships in the years ahead.
____________________
LETTER TO MEDTRONIC, INC.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that my letter
dated May 18, 2009, to Medtronic, Inc. be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Committee on Finance,
Washington, DC, May 18, 2009.
Bill Hawkins,
President and Chief Executive Officer, Medtronic, Inc.,
Medtronic Parkway, Minneapolis, MN.
Dear Mr. Hawkins: The United States Senate Committee on
Finance (Committee) has jurisdiction over the Medicare and
Medicaid programs. As a senior member of the United States
Senate and as Ranking Member of the Committee, I have a
special responsibility to protect the health of Medicare and
Medicaid beneficiaries and safeguard taxpayer dollars
authorized by Congress for these programs. This includes the
responsibility to conduct oversight of the health care
industry, including makers of medical devices, which receive
hundreds of billions of taxpayer dollars every year for the
care of Americans.
In carrying out this duty, I have been examining the
substantial financial ties between the device industry and
practicing physicians. I have also been examining the safety
and cost of medical devices that are sold to the American
public. As the largest medical device company in the United
States, the practices of Medtronic, Inc. (Medtronic) have a
profound impact on American healthcare.
Last October, I sent you a letter asking Medtronic to
disclose payments to ``all physicians with whom Medtronic has
consulting agreements for Infuse.'' This request was spurred
by an article in the Wall Street Journal (WSJ), which
reported on allegations of financial incentives provided to
doctors that included ``entertainment at a Memphis strip
club, trips to Alaska and patent royalties on inventions they
played no part in.''
With the exception of one individual who is now deceased,
listed below is the financial information documenting all
consultants who received compensation, which Medtronic
provided to me [Attached].
I am concerned that Medtronic did not include Dr. Timothy
Kuklo in response to my written request. It is clear that Dr.
Kuklo had some sort of consulting agreement with Medtronic
and was named as a Medtronic consultant for Infuse in an
article that ran in the New York Times on May 13, 2009. There
is of course the possibility that Dr. Kuklo had a more
general type of consulting agreement with Medtronic that may
have included Infuse, as well as other Medtronic products. In
the future, I hope that instead of not providing me with the
name of the physician involved in Infuse, or any other matter
that I am looking into, that Medtronic contact me to avoid
the situation in which we find ourselves.
In light of the issues set forth above, I would greatly
appreciate Medtronic explaining why Dr. Timothy Kuklo was not
listed in the information provided me earlier.
Thank you in advance for your continued cooperation in this
matter and commitment to transparency. I look forward to
hearing from you by no later than June 1, 2009. All documents
responsive to this request should be sent electronically in
PDF format to Brian_D[email protected]. If you
have any questions, please do not hesitate to contact Paul
Thacker.
Sincerely,
Charles E. Grassley,
Ranking Member.
Attachment.
MEDTRONIC INC. REPORTING: PHYSICIANS WITH WHOM MEDTRONIC HAS CONSULTING
AGREEMENTS FOR INFUSE
------------------------------------------------------------------------
Name Year Total amount
------------------------------------------------------------------------
Lisa Cannada................................... 2005 $2,000
2006 20,700
2007 14,000
2008 7,700
Michael Carstens............................... 2006 46,800
2007 21,600
2008 31,200
David Cochran.................................. 2006 35,200
2007 18,000
2008 14,000
Curtis Dickman................................. 2003 12,900
2004 100
Rajeev Garapati................................ 2007 8,600
Judith Gogola.................................. 2006 500
David Hak...................................... 2008 10,500
James Hardacker................................ 2006 2,100
2007 9,200
2008 7,100
B. Matthew Hicks............................... 2004 6,600
2005 24,000
2006 23,000
2007 5,100
2008 11,600
Thomas Lyons................................... 2006 41,300
2007 43,200
2008 12,200
Jay Malmquist.................................. 2007 23,100
2008 24,100
Robert Marx.................................... 2006 57,500
2007 24,100
2008 28,200
Todd Melegari.................................. 2006 2,300
Peter Moy...................................... 2008 59,900
Myron Nevins................................... 2007 35,600
John O'Donnell................................. 2006 4,400
Chetan Patel................................... 2006 1,100
2007 4,200
2008 15,800
Philip Pryor................................... 2006 2,100
2007 2,600
2008 6,600
Kevin Pugh..................................... 2005 1,300
2006 13,000
2007 16,100
Daniel Spagnoli................................ 2006 28,100
2007 67,600
2008 42,700
Gilbert Triplett............................... 2005 6,400
2007 29,000
2008 16,000
John-Louis Ugbo................................ 2005 2,000
------------------------------------------------------------------------
____________________
ADDITIONAL STATEMENTS
______
2009 NATIONAL SCIENCE BOWL CHAMPIONS
Mrs. BOXER. Mr. President, I am pleased to recognize the 2009
U.S. Department of Energy National Science Bowl Champions Mira Loma
High School in Sacramento, CA.
The National Science Bowl is a national high school competition that
tests each team's knowledge in astronomy, biology, chemistry, earth
science, general science, mathematics, and physics at a college
freshman level. Mira Loma's National Science Bowl team consisted of
senior team captain
[[Page 12872]]
Rishi Kulkarni; juniors Edward Lee and Heather Yee; sophomores Andrew
Chen and Sriram Pendyala, and Coach James Hill.
The Mira Loma team qualified for the national competition by winning
the Sacramento Regional Science Bowl in the spring. At the National
Science Bowl, Mira Loma High School joined 67 high schools from 42
States, the District of Columbia, Puerto Rico, and the U.S. Virgin
Islands to compete for the national championship in Washington, DC.
Mira Loma High School's victory at the National Science Bowl has earned
the team a research trip to the prestigious International Science
School in Sydney, Australia, to further pursue their studies in
science.
In competing for the national championship, the Mira Loma High School
team learned many valuable lessons, including tenacity, dedication to
their schoolwork, and teamwork. It is with great pride that I
congratulate them on this remarkable accomplishment and wish them
continued success.
I invite my colleagues to join me, Mira Loma High School, and the
Sacramento community in recognizing the Mira Loma High School Science
Bowl Team on this wonderful achievement.
____________________
TRIBUTE TO JOHNNY'S CAR WASH
Mr. BUNNING. Mr. President, today I pay tribute to and
congratulate Jeff Simpson, owner of Johnny's Car Wash in Erlanger, KY,
on their 50th year in business.
In 1959, John Simpson, father of Jeff Simpson, converted the original
Town Car Wash, an establishment in Covington, KY, where cars were
washed by hand, to an automatic car wash he named Johnny's Car Wash.
Mr. Simpson opened a second location in Erlanger, KY, that still
thrives today. Nearly four decades later, in 1992, Mr. Simpson sold his
original Johnny's Car Wash to his son Jeff, and this year they
celebrate 50 years of hard work, ambition, and the long success of
their business.
A hearty congratulations to the Simpson family and Johnny's Car Wash.
They are an excellent example of a steady and thriving small business
in the Commonwealth.
____________________
CONGRATULATING JHPIEGO ON ITS 35TH ANNIVERSARY
Mr. CARDIN. Mr. President, today I wish to commemorate the
35th anniversary of Jhpiego, an exceptional organization dedicated to
helping the less fortunate in developing countries around the world.
Jhpiego is an international, nonprofit health organization affiliated
with Johns Hopkins University and is located in my hometown, the city
of Baltimore. For 35 years, Jhpiego has empowered front line health
care workers by designing and implementing effective, low-cost, hands-
on solutions to strengthen the delivery of health care services for
women and their families.
From their origins as technical experts in reproductive, maternal and
child health, Jhpiego has grown to embrace new challenges, including
prevention and treatment of HIV/AIDS, malaria and cervical cancer. The
staff of Jhpiego have worked in 150 countries around the globe and
currently run 60 programs in over 40 countries.
Scientific innovations are the cornerstone of Jhpiego's approach to
reducing the preventable deaths of women. I particularly want to
highlight their work combating cervical cancer. In 1990, Jhpiego
established its Cervical Cancer Prevention--CECAP--Program. Working
with colleagues and stakeholders, the CECAP program pioneered a unique,
medically safe, acceptable and cost-effective approach to cervical
cancer prevention for low-resource settings called the ``single visit
approach.'' Hundreds of thousands of women have been spared the
horrible death of cervical cancer as the result of this intervention.
Amid many areas of expertise and effort, Jhpiego has worked
tirelessly in its efforts to call the world's attention to the second
leading cause of death of pregnant women in developing countries,
postpartum hemorrhaging. Today, through system wide changes from the
home birth to the hospital, physicians, nurses, midwives and healthcare
workers have training and strategies to address this preventable death.
These interventions have saved countless lives around the world.
I commend the staff of Jhpiego for their dedication and commitment to
improving the lives of women and their families around the world. They
work some of our world's most remote, difficult and complicated
regions. Day in and day out, they with nations to develop strategies
that are sustainable, proven and effective to improve the lives of the
most vulnerable sectors of society.
I ask my colleagues to join me today in congratulating Jhpiego on its
35th anniversary.
____________________
2008 SLOAN AWARDS
Mr. CRAPO. Mr. President, today I join with my colleague,
Senator Lincoln, to congratulate the 2008 winners of the Alfred P.
Sloan Award for Business Excellence in Workplace Flexibility, which
recognizes companies that have successfully used flexibility to meet
both business and employee goals. Our offices coordinate and lead the
Senate Staff Work Group on Workplace Flexibility, now in its 8th month.
Since September 2008, our staff and that of at least 16 of our
colleagues and as many as four different committees have gathered once
a month to hear from research experts and listen to first-hand employer
and employee experience on this important issue facing our Nation's
workforce and families today. It is our goal to better define the
appropriate role of government in this equation, moving from there to
achieve bipartisan policies that help and do not frustrate families or
hinder businesses. The Sloan Awards are an important component in the
national shift toward employment policies that work better for both
employers and employees as this Nation faces the reality of dual income
households struggling to balance the multiple time commitments of
children, disabled or aging family members and their jobs. The Sloan
Awards are presented by the When Work Works initiative, which is a
project of the Families and Work Institute in partnership with the
Institute for a Competitive Workforce, an affiliate of the U.S. Chamber
of Commerce, and the Twiga Foundation Inc. The When Work Works
initiative is sponsored by the Alfred P. Sloan Foundation.
The companies receiving Sloan Awards are to be commended for their
excellence in providing workplace flexibility practices which benefit
both employees and employers. Achieving greater flexibility in the
workplace, the goal of which is to maximize productivity while
attracting the highest quality employees, is a key challenge facing
American companies in the 21st century.
Businesses in the following 30 cities were eligible for recognition
in the 2008 Sloan Awards: Atlanta, GA; Aurora, CO; Birmingham, AL;
Boise, ID; Brockton, MA; Chandler, AZ; Charleston, SC; Chicago, IL;
Dallas, TX; Dayton, OH; Detroit, MI; Durham, NC; Houston, TX;
Lexington, KY; Long Beach, CA; Long Island, NY; Louisville, KY;
Melbourne-Palm Bay, FL; Milwaukee, WI; Morris County, NJ; Providence,
RI; Richmond, VA; Rochester, MN; Salt Lake City, UT; San Francisco, CA;
Savannah, GA; Seattle, WA; Spokane, WA; Washington, DC; and Winona, MN.
The Chamber of Commerce in each city hosted an interactive business
forum to share research on workplace flexibility as an important
component of workplace effectiveness. In these same communities,
businesses applied and winners were selected for the Sloan Awards
through a process that included employees' views as well as employer
practices.
Together, we congratulate the 2008 winners of the Alfred P. Sloan
Award for Business Excellence in Workplace Flexibility.
In Atlanta, GA, the winners are Alston + Bird LLP; BDO Seidman, LLP;
Cobb County Convention and Visitors Bureau; Ernst & Young LLP; KPMG
LLP; Merrick & Company; North Highland; and Sprint.
In Aurora, CO, the winners are Arapahoe/Douglas Works! Workforce
[[Page 12873]]
Center; Aurora Chamber of Commerce; Medical Center of Aurora and
Centennial Medical Plaza; and Merrick & Company.
In Birmingham, AL, the winners are Allstates Technical Services;
AQAF; Barfield, Murphy, Shank, & Smith PC; Concept, Inc.; Deloitte;
Ernst & Young LLP; ITAC Solutions; Birmingham Metropolitan YMCA; One
Stop Environmental, LLC; Resources Global Professionals; and Sellers,
Richardson, Holman & West, LLP.
In Boise, ID, the winners are American Geotechnics; Business
Psychology Associates; Children's Home Society of Idaho; Givens Pursley
LLP; LeMaster Daniels PLLC; Merrick & Rowley Accounting, LLC; and Trey
McIntyre Project.
In Brockton, MA, the winner is KGA, Inc.
In Chandler, AZ, the winners are A & S Realty Specialists; Arizona
Interactive Media Group; Arizona Weddings Magazine & Website; BCD Low
Voltage Systems; The Chandler Chamber of Commerce; Clifton Gunderson
LLP; Dava & Associates, Inc.; Henry & Horne, LLP; IBM; Intel; Johnson
Bank; Keats, Connelly & Associates Inc.; MDI; Microchip Technology
Inc.; New Horizons Independent Living Center; Omega Legal Systems,
Inc.; Point B; Prescott Transit Authority; RIESTER; Salt River
Materials Group; Western International University; WhitneyBell Perry
Inc.; Wist Office Products; and WorldatWork.
In Charleston, SC, the winners are Booz Allen Hamilton LLP; Community
Management Group; KFR Services, Inc.; LS3P Associates LTD.; Noisette
Company, LLC; and Scientific Research Corporation.
In Chicago, IL, the winners are AzulaySeiden Law Group; BDO Seidman,
LLP; Deloitte; Ernst and Young LLP; Frost, Ruttenberg & Rothblatt,
P.C.; IBM--Central Region; KPMG LLP; Microsoft Corporation--Midwest
District; National Able Network; Perspectives, Ltd; Plante & Moran,
PLLC; Sanchez Daniels & Hoffman LLP; Shakespeare Squared; Teen Living
Programs; True Partners Consulting; Turner Construction Company--
Chicago Business Unit; Type A Learning Agency; and Vox, Inc.
In Dallas, TX, the winners are Aguirre Roden, Inc.; Amerisure Mutual
Insurance Company; BDO Seidman, LLP; The Beck Group; Community Council
of Greater Dallas; Deloitte; Grant Thorton LLP; KPMG LLP; Lee Hecht
Harrison; McQueary Henry Bowles Troy, L.L.P.; State Farm Insurance
Companies; Symbio Solutions, Inc.; and Workforce Solutions Greater
Dallas.
In Dayton, OH, the winners are Barco, Inc.; Deloitte; and LJB Inc.
In Detroit, MI, the winners are Albert Kahn Family of Companies;
Amerisure Mutual Insurance Company, The Children's Center of Wayne
County; BDO Seidman, LLP; Detroit Regional Chamber; The Farbman Group;
Image One; Lee Hecht Harrison; Menlo Innovations; Michigan Occupational
Safety and Health Administration--MIOSHA; Mill Steel Company; and
Peckham Inc.
In Durham, NC, the winners are The American Institute of Certified
Public Accountants--AICPA; CrossComm, Inc.; Durham's Partnership for
Children, a Smart Start Initiative; McKinney; North Carolina Mutual
Life Insurance Company; The Shodor Education Foundation; Skanska USA
Building Inc.; and U.S. Environmental Protection Agency.
In Houston, TX, the winners are Continental Airlines; Deloitte; El
Paso Corporation; Fulbright & Jaworski LLP; Hall Barnum Lucchesi
Architects; Klotz Associates, Inc.; KPMG LLP; Pannell Kerr Forster of
Texas, P.C.--PKF Texas; Rice University; St. Luke's Episcopal Health
System; The VIA Group LLC.; University of Phoenix; and Vinson & Elkins
L.L.P.
In Lexington, KY, the winners are Ashland Terrace Retirement Home;
Benefit Insurance Marketing; JRA Architects; Lexmark International,
Inc.; Potter & Company, LLP; Smiley Pete Publishing; United Way of the
Bluegrass; and Woodward, Hobson & Fulton, LLP.
In Long Beach, CA, the winners are AES Alamitos, LLC; Healstone; HR
NETwork, Inc.; KPMG LLP; Long Beach Rescue Mission; and PeacePartners.
In Long Island, NY, the winners are Albrecht, Viggiano, Zureck & Co.,
PC; The Alcott Group; Child Care Council of Nassau, Inc.; Deloitte;
KPMG LLP; and YES Community Counseling Center.
In Louisville, KY, the winners are A Speaker For You; Delta Dental of
Kentucky, Inc.; Deming Malone Livesay & Ostroff CPAs, Girl Scouts of
Kentuckiana Inc.; KPMG LLP; McCauley, Nicholas & Company, LLC, CPAs;
Metromojo.com; Prestige Healthcare; Pro-Liquitech International;
Strothman & Company PSC; and Woodward, Hobson & Fulton, L.L.P.
In Melbourne-Palm Bay, FL, the winners are Brevard Workforce
Development Board, Inc.; Craig Technologies; Hoyman Dobson; Kinberg &
Associates, LLC; Mercedes Homes; and Space Coast Early Intervention
Center.
In Milwaukee, WI, the winners are Clifton Gunderson LLP; Deloitte;
Ernst & Young LLP; Kahler Slater; KPMG LLP; Laughlin/Constable;
Metropolitan Milwaukee Association of Commerce; Robert W. Baird & Co;
Tushaus Computer Services, Inc.; Urban Ecology Center; and West Bend.
In Morris County, NJ, the winners are Berkeley College; Fein, Such,
Kahn & Shepard, P.C.; Girl Scouts of Northern New Jersey; KPMG LLP;
Schenck, Price, Smith & King, LLP; Shade Tree Garage; and Solix Inc.
In Providence, RI, the winners are Embolden Design, Inc.; KPMG LLP;
Lefkowitz, Garfinkel, Champi & De Rienzo PC; Narragansett Bay
Commission; Quality Partners of Rhode Island; Rhode Island Legal
Services, Inc; and Sansiveri, Kimball & McNamee LLP.
In Richmond, VA, the winners are Bon Secours Richmond Health System;
Capital One, Hilb Rogal & Hobbs--HRH; Lee Hecht Harrison; Rink
Management Services Corporation; and Virginia Commonwealth Health
Systems--VCUHS.
In Rochester, MN, the winners are Cardinal of Minnesota; Custom
Alarm/Custom Communications, Inc.; First Alliance Credit Union; IBM;
RSM McGladrey, Inc. and McGladrey & Pullen, LLP; Southeast Service
Cooperative; Stanley Jones & Associates, Inc.; Venture Computer
Systems; and Winona State University--Rochester.
In Salt Lake City, UT, the winners are 1-800 CONTACTS; AAA Fair
Credit Foundation; Cactus & Tropicals; Cafe Rio Mexican Grill; Cooper
Roberts Simonsen Associates, Inc.; Employer Solutions Group; Governor's
Office of Economic Development; Intermountain Financial Group/Mass
Mutual; Intermountain Healthcare; McKinnon-Mulherin, Inc.; Redmond,
Incorporated; SelectHealth; and Stayner, Bates & Jensen.
In San Francisco, CA, the winners are Fenwick & West LLP; KPMG LLP;
Lee Hecht Harrison; Mother Jones Magazine/Foundation for National
Progress; Presynct Technologies, Inc.; Sirna Therapeutics, Inc.; and
Woodruff-Sawyer & Company.
In Savannah, GA, the winner is Environmental Services, Inc.
In Seattle, WA, the winners are BabyLegs LLC; Bader Martin, P.S.;
BECU; Blue Gecko, Inc.; Cascadia Consulting Group, Inc.; Deloitte;
EarthCorps; MarketFitz, Inc.; National CASA Association; NRG::Seattle;
The Puget Sound Center for Teaching, Learning and Technology; Seattle
Hospitality Group; Washington Health Foundation; WithinReach; and
Worktank.
In Spokane, WA, the winners are Career Path Services; Humanix
Staffing and Recruiting; and Inland Northwest Health Services.
In Washington, DC, the winners are Booz Allen Hamilton; Capital One;
Clovis; Craig Technologies; Discovery Communications, Inc.; KPMG LLP;
List Innovative Solutions, Inc.; and Morgan Franklin Corporation.
In Winona, MN, the winners are Catholic Charities of the Diocese on
Winona; Hiawatha Broadband Communications; Management Recruiters of
Winona; Mediascope, Inc.; Sport & Spine Physical Therapy of Winona;
Winona ORC Industries; and Winona Workforce Center.
[[Page 12874]]
____________________
REMEMBERING BRIAN O'NEILL
Mrs. FEINSTEIN. Mr. President, it is with a very heavy heart
that I rise today to inform the Senate of the recent passing of one of
the most incredible civil servants it has been my honor to know. Sadly,
Brian O'Neill, the National Park Service superintendent at the Golden
Gate National Recreation Area in San Francisco, passed away last week
following complications from heart surgery.
To know Brian was to have known an extraordinary human being; someone
who was completely devoted to his profession, his family, his friends,
and to the national parks he so dearly loved.
Since 1986, when he became the superintendent at Golden Gate, Brian
has been the inspiration and the driving force behind the success of
one of the largest urban parks in the world. What set him apart,
though, was not just a talent for the day-to-day management of a
national park, but his grasp of the principal that a park is far more
than a circle drawn on a map. He knew early on that, for a park to
flourish, particularly an urban park, it needed the support of the
local community, and that the best way to build that support was
through the building of partnerships--partnerships that were the
product of personal relationships.
Brian understood that a single park employee could only produce a set
amount of work. But if you could turn that employee into an ambassador
for the park, then others could be brought in to lighten the load and
advance the cause. That is why Brian often said that what he really did
was run a ``friend-raising'' business. And with well over 20,000
volunteers, I would say Brian's instincts were pretty good.
Too often in what passes for political discourse today the term
``bureaucrat'' is used as a pejorative. Anyone who would suggest such a
meaning obviously never met Brian O'Neill. He was, by any definition
and in the finest tradition of the civil service, the consummate
bureaucrat; a skilled manager whose talents, whose energy, and whose
sheer larger-than-life personality will be missed. I am proud to have
had the privilege of knowing Brian O'Neill.
Mr. President, I am sure I speak for all my Senate colleagues in
expressing my sincere condolences to Brian's friends, his coworkers,
and especially the O'Neill family.
____________________
TRIBUTE TO HOOSIER ESSAY CONTEST WINNERS
Mr. LUGAR. Mr. President, I wish today to take the opportunity
to express my congratulations to the winners of the 2008-2009 Dick
Lugar/Indiana Farm Bureau/Farm Bureau Insurance Companies Youth Essay
Contest.
In 1985, I joined with the Indiana Farm Bureau to sponsor an essay
contest for 8th grade students in my home State. The purpose of this
contest is to encourage young Hoosiers to recognize and appreciate the
importance of Indiana agriculture in their lives and subsequently craft
an essay responding to the assigned theme. The theme chosen for this
year was ``Working Our Way to Energy Independence.''
Along with my friends at the Indiana Farm Bureau and Farm Bureau
Insurance Companies, I am pleased with the annual response to this
contest and the quality of the essays received over the years. I
applaud each of this year's participants on their thoughtful work and
wish, especially, to highlight the submissions of the 2008-2009 contest
winners--Lynnette Whitsitt of Huntingburg, IN, and Brandon Wells of
Evansville, IN. I submit for the Record the complete text of Lynnette's
and Brandon's respective essays. I am pleased, also, to include the
names of the many district and county winners of the contest.
The winning essays are as follows:
Untitled
(By Lynnette Whitsitt)
Could you imagine a world where you flip on a light switch
or press power on the TV and nothing happens? This will be
our planet in the foreseeable future if we don't do anything
about it. Many people believe that the future isn't their
problem and that it's scientists' dilemma to solve, but it's
not. If we don't do something about this energy crisis now,
Earth will pay for it dearly in the future. We Hoosiers
should do what we can, and contribute our available resources
to produce renewable sources of power for our country.
Without it, a global disaster is imminent.
Many alternate fuel sources need crops to manufacture
them--especially corn and soybeans. Corn produces ethanol,
while Biodiesel is made from soybeans. Portions of farmers'
crops are sold to manufacturers that produce these energy
sources. Organic waste materials, know as biomass, can now be
broken down to become biogas. The waste materials used vary
from crop remains to animal manure. Biogas can be transformed
into diverse forms of energy, but of the renewable energy
sources that generate electricity, biomass is most abundant.
The conversion of waste materials to biogas is a purely
organic procedure in which microorganisms break wastes down
into methane. Hoosier farmers could also utilize farmland for
wind farms, which will not only provide the farms with energy
but also income from spare energy sold to power companies.
While wind turbines would occupy land, it could still be used
for its main intention, agriculture.
Farmers have been hugely affected by the energy crisis and
can be part of the solution. By helping to make biodiesel,
ethanol, biogas, and wind power Indiana farmers will greatly
affect the future of energy. This major energy change will
revolutionize rural towns, Indiana, and our nation as a
whole.
____
Independence
(By Brandon Wells)
The issue of becoming independent from foreign energy is
challenging, but vital. The fact remains: if we do not break
away from foreign oil soon, we may fall into an economic
depression far greater than Americans have ever known.
Gasoline prices are substantially inflated; many families are
finding it difficult to budget for the commute to and from
work. What can we, as American citizens, do to halt this
crisis and put an end to insane oil prices?
One solution to the challenge of making our own less
expensive fuel comes straight from Indiana farmers. Biodiesel
fuel is a diesel fuel made from organic feedstock. It
includes soybeans, animal renderings, and salvaged oil from
restaurants. It is domestically produced. Therefore, every
gallon of biodiesel fuel takes the place of imported fuels,
thus ensuring American dollars remain in the American
economy.
A considerable advantage of biodiesel fuel over gasoline
and regular diesel fuels is that biodiesel emits far lower
emissions, ensuring cleaner air for both present and future
generations. Also, it has better lubricity characteristics,
which means less wear on engine parts such as fuel injectors
and fuel injection pumps. Biodiesel fuels are compatible with
all modern diesel engines and fuel systems.
There is a clear and definite need to concentrate on
breaking away from foreign oil consumption and imports. While
the issue of fuel alternatives is great, Indiana farmers are
growing answers for all of America right now. We cannot
continue to depend on foreign lands to fuel our lives.
America has historically fought for independence and once
again, we find ourselves fighting. With the help of Indiana
farmers, this battle can be won, and America will once again
be independent . . . fuel independent.
____
2008-2009 District Essay Winners
District 1
Katlynn Surfus, Zachary Glick.
District 2
Kristi Brennan, Gabe Curtis.
District 3
Jessie LeBeau, Jonah Pritchett.
District 4
McKinzie Horoho, Trevor Homan.
District 5
Miranda Gerrard, Cameron Guernsey.
District 6
Kristen McCarthy, Jack Garner.
District 7
Riki Crowe, Ethan Fettig.
District 8
Morgan Tomson, Aaron Kaiser.
District 9
Lynnette Whitsitt, Brandon Wells.
District 10
Amy Burbrink, Zach Carter.
2008-2009 County Essay Winners
Boone
Cameron Guernsey, Western Boone Junior High School.
Brown
Haley O'Neil, home schooled.
Clark
Geoff Rafail and Morgan Mast, Borden Junior High School.
Clay
Brandon Crowley and Saiti Booe, Clay City Junior High
School.
Decatur
Morgan Tomson, South Decatur Junior High School.
Dubois
Lynnette Whitsitt, Southridge Middle School.
[[Page 12875]]
Floyd
Weston Spalding and Erin Duncan, Our Lady of Perpetual Help
School.
Franklin
Aaron Kaiser, Mount Carmel School; and Claire McKamey, St.
Michael School.
Greene
Ethan Fettig, Linton-Stockton Junior High School; and Riki
Crowe, White River Valley Junior High School.
Hamilton
Nicholas Jeffers and Kara Linton, St. Maria Goretti School.
Hancock
Joshua Hanselman and McKenze Qualkinbush, Doe Creek Middle
School.
Hendricks
Drake Whicker, Cascade Middle School; and Jaclin Byrne,
Tri-West Middle School.
Henry
Jack Garner and Brooke Ballard, Tri Junior High School.
Howard
Austin Dishon, Northwestern Middle School; and McKinzie
Horoho, Eastern Junior High School.
Jackson
Zach Carter, Immanuel Lutheran School; and Avri Hackman,
Lutheran Central School.
Jasper
Hunter Hickman and Tori Bryja, Rensselaer Middle School.
Jay
Trevor Homan and Miranda Reinhart, East Jay Middle School.
Jennings
Tanner Steele and Amy Burbrink, St. Mary School.
Lake
Zachary Glick and Alejandra Almendarez, Our Lady of Grace
School.
Marion
James Wang, Sycamore School; and Kristen McCarthy, St. Jude
School.
Monroe
Logan Letner and Allie Jones, Batchelor Middle School.
Noble
Gabe Curtis and Kristi Brennan, St. Mary of the Assumption
School.
Parke
Will Harrison and Kendall Davies, Rockville Junior High
School.
Perry
Hunter Sandage, Tell City Junior High School.
Posey
Brandon Wells and Stephanie Cook, North Posey Junior High
School.
Scott
Hunter Steinkamp and Raven Alcorn, Scottsburg Middle
School.
Starke
Katlynn Surgus, Knox Middle School.
Sullivan
Harley-Alden Robert Davis and Savana Strain, Rural
Community Academy.
Switzerland
Devin Coy and Olivia Hewitt, Switzerland County Middle
School.
Vermillion
Dillon Boling and Abigail Calvin, North Vermillion Junior
High School.
Wabash
Trae Cole and Alyssa Richter, Northfield Junior High
School.
Warren
Miranda Gerrad, Seeger Junior High School.
Wayne
Henry Dickman and Katy Robinson, Seton Catholic Junior High
School.
Wells
Anna Gerber, Kingdom Academy.
White
Jonah Pritchett and Jessie Lebeau, Tri County Junior High
School.
____________________
MESSAGE FROM THE PRESIDENT
A message from the President of the United States was communicated to
the Senate by Mr. Williams, one of his secretaries.
____________________
EXECUTIVE MESSAGE REFERRED
As in executive session the Presiding Officer laid before the Senate
a message from the President of the United States submitting a
nomination which was referred to the Committee on Foreign Relations.
(The nomination received today is printed at the end of the Senate
proceedings.)
____________________
MESSAGES FROM THE HOUSE
At 10:01 a.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House
agrees to the amendment of the Senate to the amendments of the House to
the bill (S.386) entitled ``An Act to improve enforcement of mortgage
fraud, securities fraud, financial institution fraud, and other frauds
related to federal assistance and relief programs, for the recovery of
funds lost to these frauds, and for other purposes.''.
____________________
ENROLLED BILL SIGNED
At 2:40 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the Speaker
has signed the following enrolled bill:
S. 386. An act to improve enforcement of mortgage fraud,
securities, and commodities fraud, financial institution
fraud, and other frauds related to Federal assistance and
relief programs, for the recovery of funds lost to these
frauds, and for other purposes.
The enrolled bill was subsequently signed by the Acting President pro
tempore (Mr. Reid).
____
At 3:31 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the House has
passed the following bill, with an amendment, in which it requests the
concurrence of the Senate:
S. 896. An act to prevent mortgage foreclosures and enhance
mortgage credit availability.
____________________
ENROLLED BILL PRESENTED
The Secretary of the Senate reported that on May 19, 2009, she had
presented to the President of the United States the following enrolled
bill:
S. 386. An act to improve enforcement of mortgage fraud,
securities and commodities fraud, financial institution
fraud, and other frauds related to Federal assistance and
relief programs, for the recovery of funds lost to these
frauds, and for other purposes.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with an amendment in the nature of
a substitute:
H.R. 35. A bill to amend chapter 22 of title 44, United
States Code, popularly known as the Presidential Records Act,
to establish procedures for the consideration of claims of
constitutionally based privilege against disclosure of
Presidential records (Rept. No. 111-21).
By Mr. INOUYE, from the Committee on Appropriations:
Special Report entitled ``Allocation to Subcommittees of
Budget Totals From the Concurrent Resolution, Fiscal Year
2009'' (Rept. No. 111-22).
____________________
EXECUTIVE REPORTS OF COMMITTEES
The following executive reports of nominations were submitted:
By Mr. LEVIN for the Committee on Armed Services.
Air Force nomination of Maj. Gen. Charles B. Green, to be
Lieutenant General.
Air Force nomination of Maj. Gen. Herbert J. Carlisle, to
be Lieutenant General.
Air Force nomination of Gen. William M. Fraser III, to be
General.
Air Force nomination of Lt. Gen. William L. Shelton, to be
Lieutenant General.
Air Force nomination of Lt. Gen. Daniel J. Darnell, to be
Lieutenant General.
Navy nomination of Vice Adm. Richard K. Gallagher, to be
Vice Admiral.
Marine Corps nomination of Maj. Gen. Terry G. Robling, to
be Lieutenant General.
Marine Corps nomination of Lt. Gen. Joseph F. Dunford, Jr.,
to be Lieutenant General.
Mr. LEVIN. Mr. President, for the Committee on Armed Services I
report favorably the following nomination lists which were printed in
the Record on the dates indicated, and ask unanimous consent, to save
the expense of reprinting on the Executive Calendar that these
nominations lie at the Secretary's desk for the information of
Senators.
The PRESIDING OFFICER. Without objection, it is so ordered.
Air Force nominations beginning with William A. Bartoul and
ending with George T. Youstra, which nominations were
received by the Senate and appeared in the Congressional
Record on March 25, 2009.
[[Page 12876]]
Air Force nominations beginning with Peter Brian
Abercrombie II and ending with Eric J. Zuhlsdorf, which
nominations were received by the Senate and appeared in the
Congressional Record on March 25, 2009.
Navy nomination of Deandrea G. Fuller, to be Commander.
Navy nominations beginning with Daniel G. Christofferson
and ending with Albert D. Perpuse, which nominations were
received by the Senate and appeared in the Congressional
Record on January 7, 2009.
By Mr. KERRY for the Committee on Foreign Relations.
*Jeffrey D. Feltman, of Ohio, a Career Member of the Senior
Foreign Service, Class of Minister-Counselor, to be an
Assistant Secretary of State (Near Eastern Affairs).
*Philip J. Crowley, of Virginia, to be an Assistant
Secretary of State (Public Affairs).
*Daniel Benjamin, of the District of Columbia, to be
Coordinator for Counterterrorism, with the rank and status of
Ambassador at Large.
Nominee: Daniel Benjamin.
Post: Coordinator for Counterterrorism.
(The following is a list of all members of my immediate
family and their spouses. I have asked each of these persons
to inform me of the pertinent contributions made by them. To
the best of my knowledge, the information contained in this
report is complete and accurate.)
Contributions, amount, date, and donee:
1. Self: $750, 06/30/08, Obama for America; $1000, 09/09/
08, Obama for America; $1000, 10/03/08, Obama Fund; $300, 10/
16/08, Obama Fund; $262.50, 12/28/07, Sestak for Congress;
$2000, 10/26/04, Democratic Executive Committee of Florida;
$500, 07/21/04, Kerry for President; $250, 03/28/06, Sestak,
Joseph A. Jr.; $350, 10/16/06, Sestak, Joseph A. Jr.; $250,
10/20/06, Farrell, Diane Goss.
2. Spouse: Henrike Frowein: None.
3. Children and Spouses: Caleb Benjamin, Jonah Benjamin:
None.
4. Parents: Burton & Susan Benjamin: $50, 09/23/08, Himes,
Jim; $55, 09/23/08, Obama for America; $55, 08/29/08, Obama
for America; $25, 07/02/08, DCC; $25, 02/26/08, DNC; $25, 11/
15/07, DCC; $50, 12/13/05, Diane Farrell for Congress; $20,
11/09/05, 21st Century Democrats; $55, 09/06/04, DNC; $50,
06/19/04, Diane Farrell for Congress; $150, 05/17/04, Kerry
for President.
5. Grandparents: Daniel Benjamin--deceased; Betty
Benjamin--deceased; William Dorfman--deceased; Rose Dorfman--
deceased.
6. Brothers and Spouses: William Benjamin & Jill Kowal
Benjamin--none.
7. Jonathan Benjamin & Tricia Kim: $100, 10/21/08, Obama
for America; $100, 09/10/08, Obama for America; $100, 04/30/
08, Obama for America; $100, 12/10/07, Obama for America.
By Mrs. FEINSTEIN for the Select Committee on Intelligence.
*Priscilla E. Guthrie, of Virginia, to be Chief Information
Officer, Office of the Director of National Intelligence.
*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.
(Nominations without an asterisk were reported with the
recommendation that they be confirmed.)
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mr. FEINGOLD (for himself and Mr. Brownback):
S. 1067. A bill to support stabilization and lasting peace
in northern Uganda and areas affected by the Lord's
Resistance Army through development of a regional strategy to
support multilateral efforts to successfully protect
civilians and eliminate the threat posed by the Lord's
Resistance Army and to authorize funds for humanitarian
relief and reconstruction, reconciliation, and transitional
justice, and for other purposes; to the Committee on Foreign
Relations.
By Mr. BROWN:
S. 1068. A bill to amend the National Consumer Cooperative
Bank Act to allow for the treatment of the nonprofit
corporation affiliate of the Bank as a community development
financial institution for purposes of the Community
Development Banking and Financial Institutions Act of 1994;
to the Committee on Banking, Housing, and Urban Affairs.
By Ms. LANDRIEU (for herself and Mr. Vitter):
S. 1069. A bill to provide for disaster assistance for
power transmission and distribution facilities, and for other
purposes; to the Committee on Homeland Security and
Governmental Affairs.
By Ms. SNOWE (for herself and Ms. Landrieu):
S. 1070. A bill to establish the Small Business Information
Security Task Force to address information security concerns
relating to credit card data and other proprietary
information; to the Committee on Small Business and
Entrepreneurship.
By Mr. CHAMBLISS (for himself, Mr. Vitter, Mr. Isakson,
Mr. Inhofe, Mr. Burr, and Mr. Roberts):
S. 1071. A bill to protect the national security of the
United States by limiting the immigration rights of
individuals detained by the Department of Defense at
Guantanamo Bay Naval Base; to the Committee on the Judiciary.
By Mrs. LINCOLN (for herself and Mr. Crapo):
S. 1072. A bill to amend chapter 1606 of title 10, United
States Code, to modify the basis utilized for annual
adjustments in amounts of educational assistance for members
of the Selected Reserve; to the Committee on Armed Services.
By Mr. REED:
S. 1073. A bill to provide for credit rating reforms, and
for other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
By Mr. SCHUMER (for himself and Ms. Cantwell):
S. 1074. A bill to provide shareholders with enhanced
authority over the nomination, election, and compensation of
public company executives; to the Committee on Banking,
Housing, and Urban Affairs.
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 1075. A bill to designate 4 counties in the State of New
York as high-intensity drug trafficking areas, and to
authorize funding for drug control activities in those areas;
to the Committee on the Judiciary.
By Mr. MENENDEZ (for himself, Ms. Cantwell, Mr. Levin,
and Mr. Feingold):
S. 1076. A bill to improve the accuracy of fur product
labeling, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
By Mrs. FEINSTEIN (for herself, Ms. Snowe, and Mr.
Durbin):
S. 1077. A bill to regulate political robocalls; to the
Committee on Rules and Administration.
By Mr. JOHNSON (for himself and Mr. Voinovich):
S. 1078. A bill to authorize a comprehensive national
cooperative geospatial imagery mapping program through the
United States Geological Survey, to promote use of the
program for education, workforce training and development,
and applied research, and to support Federal, State, tribal,
and local government programs; to the Committee on Commerce,
Science, and Transportation.
By Ms. KLOBUCHAR (for herself, Mr. Voinovich, Mr.
Inouye, Mr. Udall of Colorado, and Mr. Bennet):
S. 1079. A bill to amend title XVIII of the Social Security
Act to extend reasonable cost contracts under the Medicare
program; to the Committee on Finance.
By Mr. McCAIN (for himself and Mr. Kyl):
S. 1080. A bill to clarify the jurisdiction of the
Secretary of the Interior with respect to the C.C. Cragin Dam
and Reservoir, and for other purposes; to the Committee on
Energy and Natural Resources.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. SCHUMER (for himself and Mr. Bennett):
S. Res. 152. A resolution to amend S. Res. 73 to increase
funding for the Special Reserve; considered and agreed to.
By Mr. NELSON of Florida (for himself and Mr. Cardin):
S. Res. 153. A resolution expressing the sense of the
Senate on the restitution of or compensation for property
seized during the Nazi and Communist eras; to the Committee
on Foreign Relations.
By Ms. LANDRIEU (for herself, Ms. Snowe, Mr. Cardin,
Mr. Kerry, Mrs. Shaheen, Mr. Wicker, Ms. Cantwell,
and Mr. Isakson):
S. Res. 154. A resolution honoring the entrepreneurial
spirit of small business concerns in the United States during
National Small Business Week, beginning May 17, 2009;
considered and agreed to.
By Mr. CARDIN (for himself, Mr. Lugar, and Mr. Nelson
of Florida):
S. Con. Res. 23. A concurrent resolution supporting the
goals and objectives of the Prague Conference on Holocaust
Era Assets; to the Committee on Foreign Relations.
____________________
ADDITIONAL COSPONSORS
S. 370
At the request of Mr. Inhofe, the name of the Senator from Wyoming
(Mr. Barrasso) was added as a cosponsor of S. 370, a bill to prohibit
the use of funds to transfer detainees of the United States at Naval
Station, Guantanamo Bay, Cuba, to any facility in the United States or
to construct any facility for such detainees in the United States, and
for other purposes.
S. 384
At the request of Mr. Lugar, the name of the Senator from Louisiana
(Ms. Landrieu) was added as a cosponsor of S. 384, a bill to authorize
appropriations for fiscal years 2010 through
[[Page 12877]]
2014 to provide assistance to foreign countries to promote food
security, to stimulate rural economies, and to improve emergency
response to food crises, to amend the Foreign Assistance Act of 1961,
and for other purposes.
S. 408
At the request of Mr. Inouye, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 408, a bill to amend the
Public Health Service Act to provide a means for continued improvement
in emergency medical services for children.
S. 476
At the request of Mrs. Boxer, the name of the Senator from Washington
(Ms. Cantwell) was added as a cosponsor of S. 476, a bill to amend
title 10, United States Code, to reduce the minimum distance of travel
necessary for reimbursement of covered beneficiaries of the military
health care system for travel for specialty health care.
S. 546
At the request of Mr. Reid, the names of the Senator from Colorado
(Mr. Bennet) and the Senator from New Mexico (Mr. Bingaman) were added
as cosponsors of S. 546, a bill to amend title 10, United States Code,
to permit certain retired members of the uniformed services who have a
service-connected disability to receive both disability compensation
from the Department of Veterans Affairs for their disability and either
retired pay by reason of their years of military service or Combat-
Related Special Compensation.
S. 558
At the request of Mr. Carper, the names of the Senator from Nebraska
(Mr. Johanns) and the Senator from Indiana (Mr. Bayh) were added as
cosponsors of S. 558, a bill to amend the Federal Food, Drug, and
Cosmetic Act with respect to nutrition labeling of food offered for
sale in food service establishments.
S. 565
At the request of Mr. Durbin, the names of the Senator from Montana
(Mr. Tester) and the Senator from Illinois (Mr. Burris) were added as
cosponsors of S. 565, a bill to amend title XVIII of the Social
Security Act to provide continued entitlement to coverage for
immunosuppressive drugs furnished to beneficiaries under the Medicare
Program that have received a kidney transplant and whose entitlement to
coverage would otherwise expire, and for other purposes.
S. 572
At the request of Mr. Webb, the name of the Senator from New Mexico
(Mr. Bingaman) was added as a cosponsor of S. 572, a bill to provide
for the issuance of a ``forever stamp'' to honor the sacrifices of the
brave men and women of the armed forces who have been awarded the
Purple Heart.
S. 597
At the request of Mrs. Murray, the name of the Senator from New
Mexico (Mr. Bingaman) was added as a cosponsor of S. 597, a bill to
amend title 38, United States Code, to expand and improve health care
services available to women veterans, especially those serving in
operation Iraqi Freedom and Operation Enduring Freedom, from the
Department of Veterans Affairs, and for other purposes.
S. 608
At the request of Mr. Tester, the name of the Senator from Colorado
(Mr. Udall) was added as a cosponsor of S. 608, a bill to amend the
Consumer Product Safety Improvement Act of 2008 to exclude secondary
sales, repair services, and certain vehicles from the ban on lead in
children's products, and for other purposes.
S. 614
At the request of Mrs. Hutchison, the name of the Senator from Utah
(Mr. Hatch) was added as a cosponsor of S. 614, a bill to award a
Congressional Gold Medal to the Women Airforce Service Pilots
(``WASP'').
S. 653
At the request of Mr. Cardin, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 653, a bill to require the
Secretary of the Treasury to mint coins in commemoration of the
bicentennial of the writing of the Star-Spangled Banner, and for other
purposes.
S. 662
At the request of Mr. Conrad, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 662, a bill to amend title
XVIII of the Social Security Act to provide for reimbursement of
certified midwife services and to provide for more equitable
reimbursement rates for certified nurse-midwife services.
S. 663
At the request of Mr. Nelson of Nebraska, the name of the Senator
from Connecticut (Mr. Dodd) was added as a cosponsor of S. 663, a bill
to amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to establish the Merchant Mariner Equity Compensation
Fund to provide benefits to certain individuals who served in the
United States merchant marine (including the Army Transport Service and
the Naval Transport Service) during World War II.
S. 696
At the request of Mr. Cardin, the name of the Senator from New York
(Mrs. Gillibrand) was added as a cosponsor of S. 696, a bill to amend
the Federal Water Pollution Control Act to include a definition of fill
material.
S. 711
At the request of Mr. Baucus, the names of the Senator from Texas
(Mrs. Hutchison) and the Senator from Arkansas (Mrs. Lincoln) were
added as cosponsors of S. 711, a bill to require mental health
screenings for members of the Armed Forces who are deployed in
connection with a contingency operation, and for other purposes.
S. 793
At the request of Mr. Brown, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 793, a bill to direct the
Secretary of Veterans Affairs to establish a scholarship program for
students seeking a degree or certificate in the areas of visual
impairment and orientation and mobility.
S. 812
At the request of Mr. Baucus, the name of the Senator from Rhode
Island (Mr. Reed) was added as a cosponsor of S. 812, a bill to amend
the Internal Revenue Code of 1986 to make permanent the special rule
for contributions of qualified conservation contributions.
S. 908
At the request of Mr. Bayh, the name of the Senator from Colorado
(Mr. Udall) was added as a cosponsor of S. 908, a bill to amend the
Iran Sanctions Act of 1996 to enhance United States diplomatic efforts
with respect to Iran by expanding economic sanctions against Iran.
S. 924
At the request of Ms. Mikulski, the name of the Senator from New
Jersey (Mr. Lautenberg) was added as a cosponsor of S. 924, a bill to
ensure efficient performance of agency functions.
S. 942
At the request of Mr. Grassley, the name of the Senator from Delaware
(Mr. Carper) was added as a cosponsor of S. 942, a bill to prevent the
abuse of Government charge cards.
S. 984
At the request of Mrs. Boxer, the name of the Senator from
Connecticut (Mr. Dodd) was added as a cosponsor of S. 984, a bill to
amend the Public Health Service Act to provide for arthritis research
and public health, and for other purposes.
S. 1010
At the request of Mr. Akaka, the name of the Senator from Wisconsin
(Mr. Feingold) was added as a cosponsor of S. 1010, a bill to establish
a National Foreign Language Coordinator Council.
S. 1023
At the request of Mr. Dorgan, the names of the Senator from South
Dakota (Mr. Thune), the Senator from Massachusetts (Mr. Kerry) and the
Senator from Arkansas (Mr. Pryor) were added as cosponsors of S. 1023,
a bill to establish a non-profit corporation to communicate United
States entry policies and otherwise promote leisure, business, and
scholarly travel to the United States.
S. CON. RES. 14
At the request of Mrs. Lincoln, the name of the Senator from
Mississippi
[[Page 12878]]
(Mr. Wicker) was added as a cosponsor of S. Con. Res. 14, a concurrent
resolution supporting the Local Radio Freedom Act.
S. RES. 71
At the request of Mr. Wyden, the names of the Senator from Illinois
(Mr. Durbin) and the Senator from Alaska (Ms. Murkowski) were added as
cosponsors of S. Res. 71, a resolution condemning the Government of
Iran for its state-sponsored persecution of the Baha'i minority in Iran
and its continued violation of the International Covenants on Human
Rights.
S. RES. 141
At the request of Mr. Johnson, the name of the Senator from New
Mexico (Mr. Bingaman) was added as a cosponsor of S. Res. 141, a
resolution recognizing June 2009 as the first National Hemorrhagic
Telangiecstasia (HHT) month, established to increase awareness of HHT,
which is a complex genetic blood vessel disorder that affects
approximately 70,000 people in the United States.
AMENDMENT NO. 1079
At the request of Ms. Landrieu, the name of the Senator from Florida
(Mr. Nelson) was added as a cosponsor of amendment No. 1079 proposed to
H.R. 627, a bill to amend the Truth in Lending Act to establish fair
and transparent practices relating to the extension of credit under an
open end consumer credit plan, and for other purposes.
AMENDMENT NO. 1129
At the request of Mrs. Murray, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of amendment No.
1129 intended to be proposed to H.R. 627, a bill to amend the Truth in
Lending Act to establish fair and transparent practices relating to the
extension of credit under an open end consumer credit plan, and for
other purposes.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FEINGOLD (for himself and Mr. Brownback):
S. 1067. A bill to support stabilization and lasting peace in
northern Uganda and areas affected by the Lord's Resistance Army
through development of a regional strategy to support multilateral
efforts to successfully protect civilians and eliminate the threat
posed by the Lord's Resistance Army and to authorize funds for
humanitarian relief and reconstruction, reconciliation, and
transitional justice, and for other purposes; to the Committee on
Foreign Relations.
Mr. FEINGOLD. Mr. President, today I am pleased to introduce the
Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of
2009, and I am pleased to do so with a great champion on this issue:
Senator Sam Brownback. For many years, we have both sought to bring
attention to the terror orchestrated by the Lord's Resistance Army, the
LRA, and the suffering of the people of northern Uganda. We have come a
long way in just a few years, thanks especially to young Americans who
have become increasingly aware of and outspoken about this horrific
situation. As a result, the U.S. has made increased efforts to help end
this horror. Those efforts have yielded some success, but if we are now
to finally see this conflict to its end, we need to commit to a
proactive strategy to help end the threat posed by the LRA and support
reconstruction, justice, and reconciliation in northern Uganda. This
bill seeks to do just that.
For over two decades, northern Uganda was caught in a war between the
Ugandan military and rebels of the Lord's Resistance Army, leading at
its height to the displacement of 1.8 million people, nearly 90 percent
of the region's population. Just a few years ago, northern Uganda was
called the world's worst neglected humanitarian crisis. In 2007, I
visited displacement camps in northern Uganda and saw firsthand the
terrible conditions and the desperation of people forced to endure such
conditions year after year. Meanwhile, the LRA survived throughout this
conflict by kidnapping an estimated 66,000 children, indoctrinating
them, and forcing them to become child soldiers.
In recent years, the LRA have come under increasing pressure. In 2005
and 2006, they largely withdrew from northern Uganda and moved into the
border region between northeastern Congo, southern Sudan and even the
Central African Republic. Then for almost two years, there was a lull
in the violence as representatives from the Ugandan government and LRA
engaged in sporadic peace negotiations in southern Sudan. The parties
brokered a comprehensive agreement, but then hopes were dashed as the
LRA's megalomaniac leader Joseph Kony refused to sign the agreement and
reports surfaced that the LRA had been conducting new abductions to
replenish his rebel group.
In December 2008, the Ugandan, Congolese and South Sudanese
militaries launched a joint offensive against the LRA's primary bases
in northeastern Congo. The operation failed to apprehend Kony and over
the following two months, his forces retaliated against civilians in
the region, leaving over 900 people dead. It's tragically clear that
insufficient attention and resources were devoted to ensuring the
protection of civilians during the operation. Before launching any
operation against the rebels, the regional militaries should have
ensured that their plan had a high probability of success, anticipated
contingencies, and made precautions to minimize dangers to civilians.
It is widely known that when facing military offensive in the past, the
LRA have quickly dispersed and committed retaliatory attacks against
civilians.
However, this botched operation does not mean that we should just
give up on the goal of ending the massacres and the threat to regional
stability posed by this small rebel group. Moreover, given that the
U.S. provided assistance and support for this operation at the request
of the regional governments, we have a responsibility to help see this
rebel war to its end. In order to do that, I strongly believe we need a
regional strategy to guide U.S. support--which includes political
economic, intelligence and military support--for a multilateral effort
to protect civilians and permanently end the threat posed by the LRA.
The Lord's Resistance Army Disarmament and Northern Uganda Recovery Act
of 2009 requires of the administration to develop such a strategy. It
leaves it up to the discretion of the administration to determine the
most effective way forward, but it ensures this issue will not get put
on the back burner and that we will not continue to rely on a piecemeal
approach.
In addition to removing the threat posed by the LRA, we cannot lose
sight of the importance that the Ugandan government address the
conditions out of which the LRA emerged and which could give rise to
future conflict if unchanged. Rebuilding northern Uganda's institutions
and addressing political and economic grievances is the surest
safeguard against future violence and instability. The government of
Uganda committed last year to move forward with that reconstruction and
reconciliation process under the framework of its Peace, Recovery and
Development, the PRDP plan. International donors, including the United
States, have already put forth substantial funds for that process.
However, thus far it has been hampered by a lack of strategic
coordination, weak leadership and the government's limited capacity. In
particular, there has been very little progress toward establishing the
mechanisms envisaged by the peace agreement to address the original
causes of the war and promote reconciliation and justice.
Our legislation recognizes the importance of helping the Ugandan
government to reinvigorate the PRDP process. The second part of the
Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of
2009 encourages the U.S. to increase assistance in the upcoming fiscal
years for recovery with the condition that the Ugandan government
demonstrates a commitment to genuine, transparent and accountable
reconstruction. We
[[Page 12879]]
should better leverage our contributions to ensure that U.S. taxpayer
dollars are used wisely. Finally, this legislation authorizes a small
amount of additional assistance to see that mechanisms are finally
established to promote accountability and reconciliation in Uganda on
both local and national levels. A failure to address the underlying
political grievances in northern Uganda could lead to new conflicts in
the future.
As my colleagues know, I make it a practice to pay for all bills that
I introduce, and the authorization in this bill is offset by reducing
funds appropriated for excess secondary inventory for the Department of
the Air Force. A report by the Government Accountability Office in 2007
found that more than half of the Air Force's secondary inventory or
spare parts, worth roughly $31.4 billion, were not needed to support
required on-hand and on-order inventory levels for fiscal years 2002
through 2005. The GAO report concluded that this is not only wasteful,
but could also negatively impact readiness. The Air Force has
acknowledged that it currently has over $100 million of spare parts on
order for which it has no need.
Some may disagree with me on the need for an offset, but last year's
Office of Management and Budget's projections confirm that we have the
biggest budget deficit in the history of our country. We cannot afford
to be fiscally irresponsible so we must make choices to ensure that our
children and grandchildren do not bear the burden of our reckless
spending. I believe reducing the excess secondary inventory for the
Department of the Air Force by $40 million, a small amount, to pay for
this bill is a responsible move that we can all support.
Americans from all states and all walks of life have been touched by
the stories of children from northern Uganda abducted and forced to
commit unspeakable acts. Congress, too, has a long history of being
involved with efforts to help end this rebel war, dating back to the
Northern Uganda Crisis Response Act that we passed in 2004, which
committed the United States to work vigorously for a lasting resolution
to the conflict. The Lord's Resistance Army Disarmament and Northern
Uganda Recovery Act of 2009 reaffirms and refocuses that commitment to
help see this--one of Africa's longest running and most gruesome rebel
wars--to its finish. I believe that, with the necessary leadership and
strategic vision envisioned by this legislation, we can contribute to
that end. I urge my colleagues to support this bill.
______
By Mr. REED:
S. 1073. A bill to provide for credit rating reforms, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. REED. Mr. President, I rise to introduce the Rating
Accountability and Transparency Enhancement, RATE, Act to strengthen
the Securities and Exchange Commission's, SEC's, oversight of credit
rating agencies and improve the accountability and accuracy of credit
ratings.
Credit ratings have taken on systemic importance in our financial
system, and have become critical to capital formation, investor
confidence, and the efficient performance of the U.S. economy. However,
in recent months we have witnessed a significant amount of market
instability stemming in part from the failure of these agencies to
accurately measure the risks associated with mortgage-backed securities
and other more complex products.
As the Chairman of the Securities, Insurance, and Investment
Subcommittee of the Senate Banking, Housing, and Urban Affairs
Committee, I chaired a hearing in September of 2007 to examine the role
of credit rating agencies in the mortgage crisis, and these issues were
also addressed at a hearing by the full Committee last year. From these
hearings, it is clear that problems at credit rating agencies
contributed to the significant financial sector instability our country
has been experiencing. In fact, an SEC investigation last summer found
that credit rating agencies such as Moody's, Standard & Poor's, and
Fitch Ratings conducted weak analyses and failed to maintain
appropriate independence from the issuers whose securities they rated.
Credit rating agencies are in the business of providing investors
with unbiased analysis, but the current incentive structure gives them
too much leeway to hand out unjustifiably favorable ratings. Let us be
clear: not every rating is suspect and these firms provide crucial
information for investors and the marketplace, but credit rating
agencies like any other industry should be held accountable if they
knowingly or recklessly mislead investors.
According to a mortgage industry trade publication, the three major
credit rating agencies have each downgraded more than half of the
subprime mortgage-backed securities they originally rated between 2005
and 2007. Ratings agencies made these mistakes in part because of
conflicts of interest and other problems with internal controls,
underscoring the need for enhanced oversight of this industry.
The bill I introduce today gives the SEC strong new authority to
oversee and hold rating agencies accountable for conflicts of interest
and other internal control deficiencies that have weakened ratings in
the past. The bill includes a carefully crafted liability provision
that allows investors to take action when a rating agency knowingly or
recklessly fails to review key information in developing the rating.
It also enhances disclosure requirements to allow investors and
others to learn about the methodologies, assumptions, fees, and amount
of due diligence associated with ratings. It requires rating agencies
to notify users and promptly update ratings when model or methodology
changes occur. Finally, the bill requires ratings agencies to have
independent compliance officers, and to take other actions, to prevent
potential conflicts of interest.
I hope my colleagues will join me in helping improve the
accountability and transparency of credit ratings that are so critical
to the functioning of our financial markets.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1073
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rating Accountability and
Transparency Enhancement Act of 2009'' or the ``RATE Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) because of the systemic importance of credit ratings
and the reliance placed on them by individual and
institutional investors and financial regulators, the
activities and performances of credit rating agencies,
including nationally recognized statistical rating
organizations, are the subject of national public interest,
as they are central to capital formation, investor
confidence, and the efficient performance of the United
States economy;
(2) credit rating agencies, including nationally recognized
statistical rating organizations, play a critical
``gatekeeper'' role that is functionally similar to that of
securities analysts, who evaluate the quality of securities,
and auditors, who review the financial statements of firms,
and such role justifies a similar level of public oversight
and accountability;
(3) because credit rating agencies perform evaluative and
analytical services on behalf of clients, their activities
are fundamentally commercial in character and should be
subject to the same standards of liability and oversight as
apply to auditors and securities analysts;
(4) in certain of their roles, particularly in advising
arrangers of structured financial products on potential
ratings of such products, credit rating agencies face
conflicts of interest that need to be carefully monitored and
that therefore should be addressed explicitly in legislation
in order to give clear authority to the Securities and
Exchange Commission;
(5) in the recent credit crisis, the ratings of structured
financial products have proven to be inaccurate, and have
contributed to the mismanagement of risks by financial
institutions and investors, which impacts the health of the
economy in the United States and around the world; and
(6) credit rating agencies should determine their ratings
independently, without regulatory approval of methodologies,
in order to avoid overreliance on ratings and to ensure that
the rating agencies, rather than the Securities and Exchange
Commission, are accountable for such methodologies, except
[[Page 12880]]
that regulators should have strong authority to ensure that
all other aspects of rating agency activities are designed to
ensure the highest quality ratings and accountability for
those creating them.
SEC. 3. ENHANCED REGULATION OF NATIONALLY RECOGNIZED
STATISTICAL RATING ORGANIZATIONS.
Section 15E of the Securities Exchange Act of 1934 (15
U.S.C. 78o-7) is amended--
(1) in subsection (c)--
(A) in the second sentence of paragraph (2), by inserting
``including the requirements of this section,'' after
``Notwithstanding any other provision of law,''; and
(B) by adding at the end the following:
``(3) Review of internal controls for determining credit
ratings.--
``(A) In general.--Credit ratings by, and the policies,
procedures, and methodologies employed by, each nationally
recognized statistical rating organization shall be reviewed
by the Commission to ensure that--
``(i) the nationally recognized statistical rating
organization has established and documented a system of
internal controls for determining credit ratings, taking into
consideration such factors as the Commission may prescribe by
rule; and
``(ii) the nationally recognized statistical rating
organization adheres to such system; and
``(iii) the public disclosures of the nationally recognized
statistical rating organization required under this section
about its ratings, methodologies, and procedures are
consistent with such system.
``(B) Scope of reviews.--The Commission shall conduct the
reviews required by this paragraph--
``(i) for all types of credit ratings; and
``(ii) for new credit ratings, in a timely manner.
``(C) Manner and frequency.--The Commission shall conduct
reviews required by this paragraph in a manner and with a
frequency to be determined by the Commission.
``(4) Provision of information to the commission.--Each
nationally recognized statistical rating organization shall
make available and maintain such records and information, for
such a period of time, as the Commission may prescribe, by
rule, as necessary for the Commission to conduct the reviews
under this subsection;'';
(2) in subsection (d)--
(A) by inserting ``fine,'' after ``censure,'' each place
that term appears;
(B) in the subsection heading, by inserting ``Fine,'' after
``Censure,'';
(C) in paragraph (4), by striking ``or'' at the end;
(D) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(6) fails to conduct sufficient surveillance to ensure
that credit ratings remain current, accurate, and
reliable.'';
(3) by amending subsection (h) to read as follows:
``(h) Management of Conflicts of Interest.--
``(1) Organization policies and procedures.--Each
nationally recognized statistical rating organization shall
establish, maintain, and enforce written policies and
procedures reasonably designed, taking into consideration the
nature of the business of such nationally recognized
statistical rating organization and affiliated persons and
affiliated companies thereof, to address, manage, and
disclose any conflicts of interest that can arise from such
business.
``(2) Governance improvements at nrsro.--Each nationally
recognized statistical rating organization shall establish
governance procedures to manage conflicts of interest,
consistent with the protection of users of credit ratings, in
accordance with rules issued by the Commission pursuant to
paragraph (3).
``(3) Commission authority.--The Commission shall issue
final rules to prohibit, or require the management and
disclosure of, any conflicts of interest relating to the
issuance of credit ratings by a nationally recognized
statistical rating organization, including--
``(A) conflicts of interest relating to the manner in which
a nationally recognized statistical rating organization is
compensated by the obligor, or any affiliate of the obligor,
for issuing credit ratings or providing related services;
``(B) conflicts of interest relating to the provision of
consulting, advisory, or other services by a nationally
recognized statistical rating organization, or any person
associated with such nationally recognized statistical rating
organization, and the obligor, or any affiliate of the
obligor;
``(C) disclosure of business relationships, ownership
interests, affiliations of nationally recognized statistical
rating organization board members with obligors, or any other
financial or personal interests between a nationally
recognized statistical rating organization, or any person
associated with such nationally recognized statistical rating
organization, and the obligor, or any affiliate of the
obligor;
``(D) disclosure of any affiliation of a nationally
recognized statistical rating organization, or any person
associated with such nationally recognized statistical rating
organization, with any person that underwrites securities,
entities, or other instruments that are the subject of a
credit rating; and
``(E) any other potential conflict of interest, as the
Commission deems necessary or appropriate in the public
interest or for the protection of users of credit ratings.
``(4) Commission rules.--The rules issued by the Commission
under paragraph (3) shall include--
``(A) the establishment of a system of payment for each
nationally recognized statistical rating organization that
requires that payments are structured to ensure that the
nationally recognized statistical rating organization
conducts accurate and reliable surveillance of ratings over
time, and that incentives for accurate ratings are in place;
``(B) a prohibition on providing credit ratings for
structured products that it advised on, in the form of
assistance, advice, consultation, or other aid that preceded
its retention by any issuer, underwriter, or placement agent
to provide a rating for the securities in question (or any
assistance provided after such point for which additional
compensation is paid directly or indirectly);
``(C) requirements that a nationally recognized statistical
rating organization disclose any relationship or affiliation
described in subparagraphs (C) and (D) of paragraph (3);
``(D) a requirement that, in each credit rating report
issued to the public, a nationally recognized statistical
rating organization disclose the type and number of ratings
it has provided to the obligor or affiliates of the obligor,
including the fees it has billed for the credit rating and
aggregate amount of fees in the preceding 2 years that it has
billed to the particular obligor or its affiliates; and
``(E) any other requirement as the Commission deems
necessary or appropriate in the public interest, or for the
protection of users of credit ratings.
``(5) Look-back requirement.--
``(A) Review by nrsro.--In any case in which an employee of
an obligor or an issuer or underwriter of a security or money
market instrument was employed by a nationally recognized
statistical rating organization and participated in any
capacity in determining credit ratings for the obligor or the
securities or money market instruments of the issuer during
the 1-year period preceding the date of the issuance of the
credit rating, the nationally recognized statistical rating
organization shall--
``(i) conduct a review to determine whether any conflicts
of interest of such employee influenced the credit rating;
and
``(ii) take action to revise the rating if appropriate, in
accordance with such rules as the Commission shall prescribe.
``(B) Review by commission.--The Commission shall conduct
periodic reviews of the look-back policies described in
subparagraph (A) and the implementation of such policies at
each nationally recognized statistical rating organization to
ensure they are appropriately designed and implemented to
most effectively eliminate conflicts of interest in this
area.
``(6) Periodic reviews.--
``(A) Reviews required.--The Commission shall conduct
periodic reviews of governance and conflict of interest
procedures established under this subsection to determine the
effectiveness of such procedures.
``(B) Timing of reviews.--The Commission shall review and
make available to the public the code of ethics and conflict
of interest policy of each nationally recognized statistical
rating organization--
``(i) not less frequently than once every 3 years; and
``(ii) whenever such policies are materially modified or
amended.'';
(4) by amending subsection (j) to read as follows:
``(j) Designation of Compliance Officer.--
``(1) In general.--Each nationally recognized statistical
rating organization shall designate an individual to serve as
a compliance officer.
``(2) Duties.--The compliance officer shall--
``(A) report directly to the board of the nationally
recognized statistical rating organization (or the equivalent
thereof) or to the senior officer of the nationally
recognized statistical rating organization; and
``(B) shall--
``(i) review compliance with policies and procedures to
manage conflicts of interest and assess the risk that such
compliance (or lack of such compliance) may compromise the
integrity of the credit rating process;
``(ii) review compliance with internal controls with
respect to the procedures and methodologies for determining
credit ratings, including quantitative and qualitative models
used in the rating process, and assess the risk that such
compliance with the internal controls (or lack of such
compliance) may compromise the integrity and quality of the
credit rating process;
``(iii) in consultation with the board of the nationally
recognized statistical rating organization, a body performing
a function similar to that of a board, or the senior officer
of the nationally recognized statistical rating organization,
resolve any conflicts of interest that may arise;
``(C) be responsible for administering the policies and
procedures required to be established pursuant to this
section; and
``(D) ensure compliance with securities laws and the rules
and regulations issued
[[Page 12881]]
thereunder, including rules promulgated by the Commission
pursuant to this section.
``(3) Limitations.--No compliance officer designated under
paragraph (1), may, while serving in such capacity--
``(A) perform credit ratings;
``(B) participate in the development of rating
methodologies or models;
``(C) perform marketing or sales functions; or
``(D) participate in establishing compensation levels,
other than for employees working for such officer.
``(4) Other duties.--The compliance officer shall establish
procedures for the receipt, retention, and treatment of--
``(A) complaints regarding credit ratings, models,
methodologies, and compliance with the securities laws and
the policies and procedures required under this section; and
``(B) confidential, anonymous complaints by employees or
users of credit ratings.
``(5) Annual reports required.--The compliance officer
shall annually prepare and sign a report on the compliance of
the nationally recognized statistical rating organization
with the securities laws and its policies and procedures,
including its code of ethics and conflict of interest
policies, in accordance with rules prescribed by the
Commission. Such compliance report shall accompany the
financial reports of the nationally recognized statistical
rating organization that are required to be furnished to the
Commission pursuant to this section.'';
(5) in subsection (k)--
(A) by striking ``, on a confidential basis,'';
(B) by striking ``Each nationally'' and inserting the
following:
``(1) In general.--Each nationally''; and
(C) by adding at the end the following:
``(2) Exception.--The Commission may treat as confidential
any item furnished to the Commission under paragraph (1), the
publication of which the Commission determines may have a
harmful effect on a nationally recognized statistical rating
organization.'';
(6) by amending subsection (p) to read as follows:
``(p) NRSRO Regulation.--
``(1) In general.--The Commission shall establish an office
that administers the rules of the Commission with respect to
the practices of nationally recognized statistical rating
organizations in determining ratings, for the protection of
users of credit ratings and in the public interest, and to
ensure that credit ratings issued by such registrants are
accurate and not unduly influenced by conflicts of interest.
``(2) Staffing.--The office of the Commission established
under this subsection shall be staffed sufficiently to carry
out fully the requirements of this section.
``(3) Rulemaking authority.--The Commission shall--
``(A) establish by rule fines and other penalties for any
nationally recognized statistical rating organization that
violates the applicable requirements of this title; and
``(B) issue such rules as may be necessary to carry out
this section with respect to nationally recognized
statistical rating organizations.
``(q) Transparency of Ratings Performance.--
``(1) Rulemaking required.--The Commission shall, by rule,
require that each nationally recognized statistical rating
organization shall disclose publicly information on initial
ratings and subsequent changes to such ratings for the
purpose of providing a gauge of the accuracy of ratings and
allowing users of credit ratings to compare performance of
ratings by different nationally recognized statistical rating
organizations.
``(2) Content.--The rules of the Commission under this
subsection shall require, at a minimum, disclosures that--
``(A) are comparable among nationally recognized
statistical rating organizations, so that users can compare
rating performance across rating organizations;
``(B) are clear and informative for a wide range of
investor sophistication;
``(C) include performance information over a range of years
and for a variety of classes of credit ratings, as determined
by the Commission; and
``(D) are published and made freely available by the
nationally recognized statistical rating organization, on an
easily accessible portion of its website and in written form
when requested by users.
``(r) Credit Ratings Methodologies.--The Commission shall
promulgate rules, for the protection of users of credit
ratings and in the public interest, with respect to the
procedures and methodologies, including qualitative and
quantitative models, used by nationally recognized
statistical rating organizations that require each nationally
recognized statistical rating organization to--
``(1) ensure that credit ratings are determined using
procedures and methodologies, including qualitative and
quantitative models, that are approved by the board of the
nationally recognized statistical rating organization, a body
performing a function similar to that of a board, or the
senior officer of the nationally recognized statistical
rating organization, and in accordance with the policies and
procedures of the nationally recognized statistical rating
organization for developing and modifying credit rating
procedures and methodologies;
``(2) ensure that when major changes to credit rating
procedures and methodologies, including to qualitative and
quantitative models, are made, that the changes are applied
consistently to all credit ratings to which such changed
procedures and methodologies apply and, to the extent the
changes are made to credit rating surveillance procedures and
methodologies, they are applied to current credit ratings
within a time period to be determined by the Commission by
rule, and that the reason for the change is disclosed
publicly;
``(3) notify users of credit ratings of the version of a
procedure or methodology, including a qualitative or
quantitative model, used with respect to a particular credit
rating; and
``(4) notify users of credit ratings when a change is made
to a procedure or methodology, including to a qualitative or
quantitative model, or an error is identified in a procedure
or methodology that may result in credit rating actions, and
the likelihood of the change resulting in current credit
ratings being subject to rating actions.
``(s) Transparency of Credit Rating Methodologies and
Information Reviewed.--
``(1) In general.--The Commission shall establish a form,
to accompany each rating issued by a nationally recognized
statistical rating organization--
``(A) to disclose information about assumptions underlying
credit rating procedures and methodologies, the data that was
relied on to determine the credit rating and, where
applicable, how the nationally recognized statistical rating
organization used servicer or remittance reports, and with
what frequency, to conduct surveillance of the credit rating;
and
``(B) that can be made public and used by investors and
other users to better understand credit ratings issued in
each class of credit rating issued by the nationally
recognized statistical rating organization.
``(2) Format.--The Commission shall ensure that the form
established under paragraph (1)--
``(A) is designed in a user-friendly and helpful manner for
users of credit ratings to understand the information
contained in the report; and
``(B) requires the nationally recognized statistical rating
organization to provide the appropriate content, as required
by paragraph (3).
``(3) Content.--Each nationally recognized statistical
rating organization shall include on the form established
under this subsection, along with its ratings--
``(A) the main assumptions included in constructing
procedures and methodologies, including qualitative and
quantitative models;
``(B) the potential shortcomings of the credit ratings, and
the types of risks excluded from the credit ratings that the
registrant is not commenting on (such as liquidity, market,
and other risks);
``(C) information on the reliability, accuracy, and quality
of the data relied on in determining the ultimate credit
rating and a statement on the extent to which key data inputs
for the credit rating were reliable or limited (including,
any limits on the reach of historical data, limits in
accessibility to certain documents or other forms of
information that would have better informed the credit
rating, and the completeness of certain information
considered);
``(D) whether and to what extent third party due diligence
services have been utilized, and a description of the
information that such third party reviewed in conducting due
diligence services;
``(E) a description of relevant data about any obligor,
issuer, security, or money market instrument that was used
and relied on for the purpose of determining the credit
rating;
``(F) an explanation or measure of the potential volatility
for the rating, including any factors that might lead to a
change in the rating, and the extent of the change that might
be anticipated under different conditions; and
``(G) additional information, including conflict of
interest information, as may be required by the Commission.
``(4) Due diligence services.--
``(A) Certification required.--In any case in which third
party due diligence services are employed by a nationally
recognized statistical rating organization or an issuer or
underwriter, the firm providing the due diligence services
shall provide to the nationally recognized statistical rating
organization written certification of such due diligence,
which shall be subject to review by the Commission.
``(B) Format and content.--The nationally recognized
statistical rating organizations shall establish the
appropriate format and content for written certifications
required under subparagraph (A), to ensure that providers of
due diligence services have conducted a thorough review of
data, documentation, and other relevant information necessary
for the nationally recognized statistical rating organization
to provide an accurate rating.''; and
(7) by amending subsection (m) to read as follows:
``(m) Accountability.--
[[Page 12882]]
``(1) In general.--The enforcement and penalty provisions
of this title shall apply to a nationally recognized
statistical rating organization in the same manner and to the
same extent as such provisions apply to a registered public
accounting firm or a securities analyst under the Federal
securities laws for statements made by them, and such
statements shall not be deemed forward-looking statements for
purposes of section 21E.
``(2) Rulemaking.--The Commission shall issue such rules as
may be necessary to carry out this subsection.''.
SEC. 4. STATE OF MIND IN PRIVATE ACTIONS.
Section 21D(b)(2) of the Securities Exchange Act of 1934
(15 U.S.C. 78u-4(b)(2)) is amended by inserting before the
period at the end the following: ``, except that in the case
of an action brought under this title for money damages
against a nationally recognized statistical rating
organization, it shall be sufficient, for purposes of
pleading any required state of mind for purposes of such
action, that the complaint shall state with particularity
facts giving rise to a strong inference that the nationally
recognized statistical rating organization knowingly or
recklessly failed either to conduct a reasonable
investigation of the rated security with respect to the
factual elements relied upon by its own methodology for
evaluating credit risk, or to obtain reasonable verification
of such factual elements (which verification may be based on
a sampling technique that does not amount to an audit) from
other sources that it considered to be competent and that
were independent of the issuer and underwriter''.
SEC. 5. REGULATIONS.
The Securities and Exchange Commission shall issue final
rules and regulations, as required by the amendments made by
this Act, not later than 365 days after the date of enactment
of this Act.
SEC. 6. STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States
shall undertake a study of--
(1) the extent to which rulemaking the Securities and
Exchange Commission has carried out the provisions of this
Act;
(2) the appropriateness of relying on ratings for use in
Federal, State, and local securities and banking regulations,
including for determining capital requirements;
(3) the effect of liability in private actions arising
under the Securities Exchange Act of 1934 and the exception
added by section 4 of this Act; and
(4) alternative means for compensating credit rating
agencies that would create incentives for accurate credit
ratings and what, if any, statutory changes would be required
to permit or facilitate the use of such alternative means of
compensation.
(b) Report.--Not later than 30 months after the date of
enactment of this Act, the Comptroller General shall submit
to Congress and the Securities Exchange Commission, a report
containing the findings under the study required by
subsection (a).
______
By Mrs. FEINSTEIN (for herself, Ms. Snowe, and Mr. Durbin):
S. 1077. A bill to regulate political robocalls, to the Committee on
Rules and Administration.
Mrs. FEINSTEIN. Mr. President, I rise to introduce the Robocall
Privacy Act of 2009.
This is a bill that is cosponsored by Senator Snowe and Senator
Durbin, and that would protect American families from being inundated
by automated political calls all through the day and night.
The bill would allow political outreach through these prerecorded
``robocalls'' to continue, but it would put some commonsense limits on
them--to make sure that they are used in a way that informs voters,
rather than harasses or misleads them.
In recent years, we have seen amazing development in technologies
that help political candidates reach out to voters.
This is a good thing. Political speech is essential, and new
technology that facilitates communication between candidates and voters
serves to bolster the democratic process. When more information is
available to voters, it promotes a more meaningful interchange of
ideas.
The robocall is one of these recent developments. A robocall is a
pre-recorded phone message that can be sent out to tens of thousands of
voters at a low cost through computer automation.
With television and radio ads becoming so expensive, these robocalls
can play a positive role in alerting voters to a candidate's position
and urging their support at the polls.
But it is also a technology that can be abused. We all have heard
stories about people being called over and over and over again at all
hours of the day and night.
I believe this is wrong. When these calls are used improperly, they
interrupt American families during their private time at home and
interfere with their privacy rights. They can also turn people away
from the political process itself.
When people become frustrated or annoyed by calls that are commercial
in nature, they have the option to request to be put on the Federal
Trade Commission's ``Do Not Call'' list. To date, millions of Americans
have chosen to be part of that list.
But political calls are specifically exempted from this ``Do Not
Call'' registry.
The First Amendment gives special protection to political speech,
because the interchange of political ideas is essential to our
democracy.
For that reason, the ``Robocall Privacy Act'' would not wholly ban
political robocalls. It would, however, impose some carefully drawn
restrictions that I think we can all agree are reasonable.
Let me tell you exactly what the bill would do.
It would apply during the 60 days leading up to a general election
and the 30 days before a primary election.
It would ban robocalls between the hours of 9 p.m. and 8 a.m.--to try
to prevent these calls from disturbing people when they are sleeping or
trying to put their children to sleep.
It would stop any campaign or group from making more than two
robocalls to the same telephone number in a single day.
It would prohibit groups making robocalls from locking the ``caller
identification'' number that is supposed to show up on many phones; and
it would require robocallers to include an announcement at the
beginning of each call explaining who is responsible for the call and
that it is a prerecorded message. This is to prevent people from using
these calls in a way that is misleading.
The enforcement provisions of this bill are simple and intent on
stopping the worst of these calls.
The bill creates a civil fine for violators of the law, with
additional fines for callers who willfully violate the law.
The bill also allows voters to sue to stop those calls immediately,
but to not receive money damages.
A judge can order violators of the law to stop these abusive calls.
Why are these provisions so important? Let me give you a few facts
and stories from recent elections:
According to the Pew Foundation, the use of robocalls is on the rise.
By April of 2008, 39 percent of voters overall had received pre-
recorded political calls, and a full 81 percent of likely caucus-goers
in Iowa had been contacted with robocalls.
As the 2008 campaign went forward, voters expressed disagreement both
with the number of these calls, and with their content, saying that
some calls were deliberately misleading.
In 2007, hundreds of voters in New York were woken up at 2 am because
of a software programming error with a robocall. The calls were
supposed to occur at 2 p.m.
In 2006, there were complaints about robocalls across the country. In
the Nebraska 3rd District Congressional Election, voters complained to
candidate Scott Kleeb when they received dozens of calls, containing
poor-quality versions of his voice. Kleeb's supporters claim that his
voice was recorded, and used in an abusive robocall against him.
In Illinois, voters received a recorded call about U.S.
Representative Melissa Bean that did not clearly identify the caller.
Voters called Representative Bean's office to complain without
listening to the entire message, which eventually identified an
opposing party committee as the sponsor--but only after the time that
most voters had hung up. Representative Bean had to spend campaign
funds informing voters she had not made that call.
In a Maryland race, voters in a conservative area received a middle-
of-the-night robocall from the nonexistent ``Gay and Lesbian Push,''
urging them to support one of the candidates. That candidate lost the
election, in part because of the false, late-night call.
[[Page 12883]]
Quantity is an added problem. Voters frequently receive multiple
robocall calls a day from the same group or candidate in the days
leading up to an election.
The National Do Not Call Network--a nonprofit focused on this issue--
has indicated that 40 percent of its membership says they received
between 5 and 9 calls a day during the election season. Some frustrated
voters reported receiving as many as 37 calls in a day.
This is just counterproductive. The goal of political speech is to
inform and engage voters, not to mislead them or turn them off of the
democratic process.
I am a strong supporter of the First Amendment and its protection for
political speech, but these robocalls have become a problem. Something
must be done.
I believe this bill presents the right solution--it imposes clear
time, place, and manner restrictions, but it also allows campaigns and
groups to use robocalls to inform voters of issues and their positions.
I think it is time for us to find a reasonable solution to these
calls that are intruding on the privacy of the American home and
misleading voters.
I want to thank Senators Snowe and Durbin for co-sponsoring this
legislation, and I urge my colleagues to join me in supporting the
Robocall Privacy Act of 2009.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1077
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robocall Privacy Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Abusive political robocalls harass voters and
discourage them from participating in the political process.
(2) Abusive political robocalls infringe on the privacy
rights of individuals by disturbing them in their homes.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) Political robocall.--The term ``political robocall''
means any outbound telephone call--
(A) in which a person is not available to speak with the
person answering the call, and the call instead plays a
recorded message; and
(B) which promotes, supports, attacks, or opposes a
candidate for Federal office.
(2) Identity.--The term ``identity'' means, with respect to
any individual making a political robocall or causing a
political robocall to be made, the name of the sponsor or
originator of the call.
(3) Specified period.--The term ``specified period'' means,
with respect to any candidate for Federal office who is
promoted, supported, attacked, or opposed in a political
robocall--
(A) the 60-day period ending on the date of any general,
special, or run-off election for the office sought by such
candidate; and
(B) the 30-day period ending on the date of any primary or
preference election, or any convention or caucus of a
political party that has authority to nominate a candidate,
for the office sought by such candidate.
(4) Other definitions.--The terms ``candidate'' and
``Federal office'' have the respective meanings given such
terms under section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431).
SEC. 4. REGULATION OF POLITICAL ROBOCALLS.
It shall be unlawful for any person during the specified
period to make a political robocall or to cause a political
robocall to be made--
(1) to any person during the period beginning at 9 p.m. and
ending at 8 a.m. in the place which the call is directed;
(2) to the same telephone number more than twice on the
same day;
(3) without disclosing, at the beginning of the call--
(A) that the call is a recorded message; and
(B) the identity of the person making the call or causing
the call to be made; or
(4) without transmitting the telephone number and the name
of the person making the political robocall or causing the
political robocall to be made to the caller identification
service of the recipient.
SEC. 5. ENFORCEMENT.
(a) Enforcement by Federal Election Commission.--
(1) In general.--Any person aggrieved by a violation of
section 4 may file a complaint with the Federal Election
Commission under rules similar to the rules under section
309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)).
(2) Civil penalty.--
(A) In general.--If the Federal Election Commission or any
court determines that there has been a violation of section
4, there shall be imposed a civil penalty of not more than
$1,000 per violation.
(B) Willful violations.--In the case the Federal Election
Commission or any court determines that there has been a
knowing or willful violation of section 4, the amount of any
civil penalty under subparagraph (A) for such violation may
be increased to not more than 300 percent of the amount under
subparagraph (A).
(b) Private Right of Action.--Any person may bring in an
appropriate district court of the United States an action
based on a violation of section 4 to enjoin such violation
without regard to whether such person has filed a complaint
with the Federal Election Commission.
______
By Mr. McCAIN (for himself and Mr. Kyl):
S. 1080. A bill to clarify the jurisdiction of the Secretary of the
Interior with respect to the C.C. Cragin Dam and Reservoir, and for
other purposes; to the Committee on Energy and Natural Resources.
Mr. McCAIN. Mr. President, I am pleased to be joined by my colleague,
Senator Kyl, in introducing a bill that would clarify the jurisdiction
of the Bureau of Reclamation over program activities associated with
the C.C. Cragin Project in northern Arizona. A companion measure was
introduced last month by Congresswoman Ann Kirkpatrick from Arizona.
Pursuant to the Arizona Water Settlements Act of 2004, AWSA, Congress
authorized the Secretary of the Interior to accept from the Salt River
Project, SRP, title of the C.C. Cragin Dam and Reservoir for the
express use of the Salt River Federal Reclamation Project. While it's
clear that Congress intended to transfer jurisdiction of the Cragin
Project to the Department of Interior, and in particular, the Bureau of
Reclamation, the lands underlying the Project are technically located
within the Coconino National Forest and the Tonto National Forest. This
has resulted in a disagreement between the Bureau of Reclamation and
the National Forest Service concerning jurisdiction over the operation
and management activities of the Cragin Project.
For more than two years, SRP and Reclamation have attempted to reach
an agreement with the Forest Service that recognizes Reclamation's
paramount jurisdiction over the Cragin Project. Unfortunately, the
Forest Service maintains that this technical ambiguity under the AWSA
implies they have a regulatory role in approving Cragin Project
operations and maintenance.
Speedy resolution of this jurisdictional issue is urgently needed in
order to address repairs and other operational needs of the Cragin
Project, including planning for the future water needs of the City of
Payson and other northern Arizona communities. This clarification would
simply provide Reclamation with the oversight responsibility that
Congress originally intended. I urge my colleagues to support this
bill.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 152--TO AMEND S. RES. 73 TO INCREASE FUNDING FOR THE
SPECIAL RESERVE
Mr. SCHUMER (for himself and Mr. Bennett) submitted the following
resolution; which was considered and agreed to:
S. Res. 152
Resolved,
SECTION 1. SPECIAL RESERVE FUNDING.
(a) In General.--Section 20(a) of S. Res. 73 (111th
Congress) is amended by striking ``$4,375,000'' and inserting
``$4,875,000''.
(b) Aggregates.--The additional funds provided by the
amendment made by subsection (a) shall not be considered to
be subject to the 89 percent limitation on Special Reserves
found on page 2 of Committee Report 111-14, accompanying S.
Res. 73.
[[Page 12884]]
____________________
SENATE RESOLUTION 153--EXPRESSING THE SENSE OF THE SENATE ON THE
RESTITUTION OF OR COMPENSATION FOR PROPERTY SEIZED DURING THE NAZI AND
COMMUNIST ERAS
Mr. NELSON of Florida (for himself and Mr. Cardin) submitted the
following resolution; which was referred to the Committee on Foreign
Relations:
S. Res. 153
Whereas many Eastern European countries were dominated for
parts of the last century by Nazi or Communist regimes,
without the consent of their people;
Whereas victims under the Nazi regime included individuals
persecuted or targeted for persecution by the Nazi or Nazi-
allied governments based on their religious, ethnic, or
cultural identity, as well as their political beliefs, sexual
orientation, or disability;
Whereas the Nazi regime and the authoritarian and
totalitarian regimes that emerged in Eastern Europe after
World War II perpetuated the wrongful and unjust confiscation
of property belonging to the victims of Nazi persecution,
including real property, personal property, and financial
assets;
Whereas communal and religious property was an early target
of the Nazi regime and, by expropriating churches, synagogues
and other community-controlled property, the Nazis denied
religious communities the temporal facilities that held those
communities together;
Whereas after World War II, Communist regimes expanded the
systematic expropriation of communal and religious property
in an effort to eliminate the influence of religion;
Whereas many insurance companies that issued policies in
pre-World War II Eastern Europe were nationalized or had
their subsidiary assets nationalized by Communist regimes;
Whereas such nationalized companies and those with
nationalized subsidiaries have generally not paid the
proceeds or compensation due on pre-war policies, because
control of those companies or their Eastern European
subsidiaries had passed to their respective governments;
Whereas Eastern European countries involved in these
nationalizations have not participated in a compensation
process for Holocaust-era insurance policies for victims of
Nazi persecution;
Whereas the protection of and respect for private property
rights is a basic principle for all democratic governments
that operate according to the rule of law;
Whereas the rule of law and democratic norms require that
the activity of governments and their administrative agencies
be exercised in accordance with the laws passed by their
parliaments or legislatures, and such laws themselves must be
consistent with international human rights standards;
Whereas in July 2001, the Paris Declaration of the
Organization for Security and Cooperation in Europe (OSCE)
Parliamentary Assembly noted that the process of restitution,
compensation, and material reparation of victims of Nazi
persecution has not been pursued with the same degree of
comprehensiveness by all of the OSCE participating states;
Whereas the OSCE participating states have agreed to
achieve or maintain full recognition and protection of all
types of property, including private property and the right
to prompt, just, and effective compensation for private
property that is taken for public use;
Whereas the OSCE Parliamentary Assembly has called on the
participating states to ensure that they implement
appropriate legislation to secure the restitution of or
compensation for property losses of victims of Nazi
persecution, including communal organizations and
institutions, irrespective of the current citizenship or
place of residence of the victims, their heirs, or the
relevant successors to communal property;
Whereas Congress passed resolutions in the 104th and 105th
Congresses that emphasized the longstanding support of the
United States for the restitution of or compensation for
property wrongly confiscated during the Nazi and Communist
eras;
Whereas certain post-Communist countries in Europe have
taken steps toward compensating victims of Nazi persecution
whose property was confiscated by the Nazis or their allies
and collaborators during World War II or subsequently seized
by Communist governments;
Whereas at the 1998 Washington Conference on Holocaust-Era
Assets, 44 countries adopted the Principles on Nazi-
Confiscated Art to guide the restitution of looted artwork
and cultural property;
Whereas the Government of Lithuania has promised to adopt
an effective legal framework to provide for the restitution
of or compensation for wrongly confiscated communal property,
but so far has not done so;
Whereas successive governments in Poland have promised to
adopt an effective general property compensation law, but the
current government has yet to adopt one;
Whereas the legislation providing for the restitution of or
compensation for wrongly confiscated property in Europe has,
in various instances, not always been implemented in an
effective, transparent, and timely manner;
Whereas such legislation is of the utmost importance in
returning or compensating property wrongfully seized by
totalitarian or authoritarian governments to its rightful
owners;
Whereas compensation and restitution programs can never
bring back to Holocaust survivors what was taken from them,
or in any way make up for their suffering; and
Whereas there are Holocaust survivors, now in the twilight
of their lives, who are impoverished and in urgent need of
assistance, lacking the resources to support basic needs,
including adequate shelter, food, or medical care: Now,
therefore, be it
Resolved, That the Senate--
(1) appreciates the efforts of those European countries
that have enacted legislation for the restitution of or
compensation for private, communal, and religious property
wrongly confiscated during the Nazi or Communist eras, and
urges each of those countries to ensure that the legislation
is effectively and justly implemented;
(2) welcomes the efforts of many post-Communist countries
to address the complex and difficult question of the status
of confiscated properties, and urges those countries to
ensure that their restitution or compensation programs are
implemented in a timely, non-discriminatory manner;
(3) urges the Government of Poland and the governments of
other countries in Europe that have not already done so to
immediately enact fair, comprehensive, non-discriminatory,
and just legislation so that victims of Nazi persecution (or
the heirs or successors of such persons) who had their
private property looted and wrongly confiscated by the Nazis
during World War II and subsequently seized by a Communist
government are able to obtain either restitution of their
property or, where restitution is not possible, fair
compensation;
(4) urges the Government of Lithuania and the governments
of other countries in Europe that have not already done so to
immediately enact fair, comprehensive, non-discriminatory,
and just legislation so that communities that had communal
and religious property looted and wrongly confiscated by the
Nazis during World War II and subsequently seized by a
Communist government (or the relevant successors to such
property or the relevant foundations) are able to obtain
either restitution of their property or, where restitution is
not possible, fair compensation;
(5) urges the countries of Europe which have not already
done so to ensure that all such restitution and compensation
legislation is established in accordance with principles of
justice and provides a simple, transparent, and prompt
process, so that it results in a tangible benefit to those
surviving victims of Nazi persecution who suffered from the
unjust confiscation of their property, many of whom are well
into their senior years;
(6) calls on the President and the Secretary of State to
engage in an open dialogue with leaders of those countries
that have not already enacted such legislation to support the
adoption of legislation requiring the fair, comprehensive,
and nondiscriminatory restitution of or compensation for
private, communal, and religious property that was seized and
confiscated during the Nazi and Communist eras; and
(7) welcomes the decision by the Government of the Czech
Republic to host in June 2009 an international conference for
governments and non-governmental organizations to continue
the work done at the 1998 Washington Conference on Holocaust-
Era Assets, which will--
(A) address the issues of restitution of or compensation
for real property, personal property (including art and
cultural property), and financial assets wrongfully
confiscated by the Nazis or their allies and collaborators
and subsequently wrongfully confiscated by Communist regimes;
(B) review issues related to the opening of archives and
the work of historical commissions, review progress made, and
focus on the next steps required on these issues; and
(C) examine social welfare issues related to the needs of
Holocaust survivors, and identify methods and resources to
meet to such needs.
Mr. NELSON of Florida. Mr. President, next month, to mark the
conclusion of its term in the presidency of the European Union, the
Czech Republic will host what will be an historic gathering in Prague:
the International Conference on Holocaust Era Assets. The Prague
Conference will build on the important work done more than 10 years ago
at the Conference on Holocaust Era Assets held here in Washington. The
Washington Conference laid the foundation for important agreements
entered into by countries and private companies that resulted in
[[Page 12885]]
a number of restitution and compensation programs throughout Western
Europe that have paid hundreds of millions of dollars to Holocaust
victims and their heirs.
The Prague Conference hopefully will serve as a catalyst for the
next, and probably final, phase of restitution and compensation
programs for Holocaust survivors and their heirs. One of the Prague
Conference's main focuses will be how to advance restitution for real
and personal property, including art and cultural property. This is
especially true in Eastern Europe, where there are numerous countries
that have yet to enact meaningful restitution programs, including
countries in Eastern Europe.
Two resolutions introduced today will address this topic. I have
introduced a resolution, which Senator Cardin has cosponsored, calling
on Eastern European countries to implement restitution or compensation
programs for those Holocaust victims and their heirs whose property and
financial assets were confiscated by the Nazis, and in many cases
seized by the communist governments that later came to power. Senator
Cardin has introduced a second resolution, which I have co-sponsored,
supporting the goals of the Prague Conference.
I first introduced my resolution calling for restitution or
compensation by Eastern European countries during the 110th Congress,
following a hearing I chaired in the Senate Foreign Relations Committee
to examine Holocaust-era insurance compensation issues. While this
hearing was the first time a Senate committee had met specifically to
consider this subject, I have been involved in the issue for more than
a decade. As Florida's insurance commissioner in the late 1990s, I
helped lead an international effort by regulators and Jewish groups
that ultimately forced many European insurers to come to the table and
for the first time begin paying restitution to survivors.
Florida is a State with a large population of Holocaust survivors--
one of the largest concentrations of Holocaust survivors in the world.
Most are in their 80s or 90s--the very youngest are in their 70s. They
are valued constituents, and while I recognize that no amount of
financial compensation or property restitution can ever make up from
the indescribable wrong of the Holocaust, I have been and remain
committed to doing what I can to assist survivors to obtain without
delay meaningful compensation for assets that they lost during the war.
The primary purpose of that hearing was to examine what remains to be
done to compensate Holocaust survivors and their heirs for the
insurance policies, now that the decade-long compensation process
undertaken by the International Commission on Holocaust Era Insurance
Claim, ICHEIC, has ceased operations and paid out some $306 million to
48,000 Holocaust victims and their heirs for Holocaust-era insurance
policies that belonged to them and never were paid.
While Western European countries and insurance companies participated
in and contributed to ICHEIC, there was undisputed testimony at the
hearing that Eastern European countries and companies did not and
should be called upon to compensate Holocaust survivors for the unpaid
value of their insurance policies.
Millions of Jews lived in Eastern European countries before the war.
While many of them lived in rural areas and were too poor to afford
insurance, there were certainly Jews who purchased insurance policies
from subsidiaries of Western European companies whose assets were taken
by the communist governments that came into power, or by Eastern
European companies that were nationalized. Unfortunately, the Eastern
European countries neither participated in ICHEIC nor contributed to
any of the insurance compensation efforts that have taken place. ICHEIC
nonetheless paid claims on those Eastern European policies from out of
the humanitarian funds that were contributed by the ICHEIC companies,
ultimately distributing $31 million on more than 2,800 such claims.
Unfortunately, Eastern European countries have not taken nearly
enough action on restitution for insurance and other private and
communal property taken from Jews and other victims of Nazi
persecution, and then seized by the communist governments that ruled
Eastern Europe after the war. Poland, for example, is the sole member
of the Organization for Security and Cooperation in Europe not to have
enacted property restitution legislation. And Lithuania has yet to
enact promised legislation to compensate communities that had communal
and religious property seized. This is unacceptable.
The resolution I am introducing today urges countries in Eastern
Europe to enact fair and comprehensive private and communal property
restitution legislation addressing the unjust taking of property by
Nazi, communist, and socialist regimes, and to do so as quickly as
possible. Given that the youngest Holocaust survivors are in their 70s,
time is of the essence.
Our resolution calls for the Secretary of State to engage in dialogue
to achieve the aims of the resolution as well as for the convening of
an international intergovernmental conference to focus on the remaining
steps necessary to secure restitution and compensation of Holocaust-era
assets.
The resolution received overwhelming support from the survivor
community when it was introduced last year. Following the hearing,
Holocaust survivors were notified of our intent to file this resolution
and asked to provide input via e-mail. Over the space of 6 weeks, we
received more than 200 messages from Holocaust survivors and their
children and relatives now living in nations around the world,
supporting restitution. Many e-mails addressed specific claims to
property in Eastern European countries including Croatia, Czech
Republic, Hungary, Latvia, Lithuania, Poland, Romania, Serbia,
Slovakia, and Ukraine.
The following message of support from one Holocaust survivor
exemplifies the many heart-rending and compelling e-mails I received,
recounting what was lost by survivors who had lived in Eastern Europe
and their inability thus far to obtain restitution or compensation:
I support your efforts to secure property restitution in
Eastern Europe for Holocaust Survivors.
With my family, I was expelled from our apartment in Lodz,
Poland on December 11, 1939. We were allowed to take with us
only 3 rucksacks and all our material belongings had to be
left behind. These included a newly built apartment block
with 10 luxury flats, a textile factory employing over 100
people and magazines full of finished fabrics.
My mother and I survived the Warsaw ghetto, my father was
killed by the Germans in December 1944 and we returned to
Lodz after liberation by the Russians in early 1945. Our
factory and our apartment belonged now to the Polish
authorities. We left Poland soon afterwards.
After the collapse of the Iron Curtain and the communist
regime, I tried [to] get our possessions back without
success, my appeal having been dismissed by the Polish High
Court. No compensation was offered.
We hope the resolution we are introducing today will spur our own
government and governments in Eastern Europe into action and call
attention to this important unfinished business. The Prague Conference
offers what may be the last time that a foundation can be laid for
significant progress. Justice and memory demand nothing less.
____________________
SENATE RESOLUTION 154--HONORING THE ENTREPRENEURIAL SPIRIT OF SMALL
BUSINESS CONCERNS IN THE UNITED STATES DURING NATIONAL SMALL BUSINESS
WEEK, BEGINNING MAY 17, 2009
Ms. LANDRIEU (for herself, Ms. Snowe, Mr. Cardin, Mr. Kerry, Mrs.
Shaheen, Mr. Wicker, Ms. Cantwell, and Mr. Isakson) submitted the
following resolution; which was considered and agreed to:
S. Res. 154
Whereas the approximately 27,200,000 small business
concerns in the United States are the driving force behind
the Nation's economy, creating more than 93 percent of all
net new jobs and generating more than 50 percent of the
Nation's non-farm gross domestic product;
[[Page 12886]]
Whereas small businesses play an integral role in
rebuilding the Nation's economy;
Whereas Congress has emphasized the importance of small
businesses by improving access to capital through the
American Recovery and Reinvestment Act of 2009;
Whereas small business concerns are the Nation's
innovators, serving to advance technology and productivity;
Whereas small business concerns represent 97 percent of all
exporters and produce 29 percent of exported goods;
Whereas Congress established the Small Business
Administration in 1953 to aid, counsel, assist, and protect
the interests of small business concerns in order to preserve
free and competitive enterprise, to ensure that a fair
proportion of the total purchases, contracts, and
subcontracts for property and services for the Federal
Government are placed with small business concerns, to make
certain that a fair proportion of the total sales of
Government property are made to such small business concerns,
and to maintain and strengthen the overall economy of the
Nation;
Whereas the Small Business Administration has helped small
business concerns with access to critical lending
opportunities, protected small business concerns from
excessive Federal regulatory enforcement, played a key role
in ensuring full and open competition for Government
contracts, and improved the economic environment in which
small business concerns compete;
Whereas for over 50 years, the Small Business
Administration has helped millions of entrepreneurs achieve
the American dream of owning a small business concern and has
played a key role in fostering economic growth; and
Whereas the President has designated the week beginning May
17, 2009, as ``National Small Business Week'': Now,
therefore, be it
Resolved, That the Senate--
(1) honors the entrepreneurial spirit of small business
concerns in the United States during National Small Business
Week, beginning May 17, 2009;
(2) applauds the efforts and achievements of the owners of
small business concerns and their employees, whose hard work
and commitment to excellence have made them a key part of the
Nation's economic vitality;
(3) recognizes the work of the Small Business
Administration and its resource partners in providing
assistance to entrepreneurs and small business concerns; and
(4) strongly urges the President to take steps to ensure
that--
(A) the applicable procurement goals for small business
concerns, including the goals for small business concerns
owned and controlled by service-disabled veterans, small
business concerns owned and controlled by women, HUBZone
small business concerns, and socially and economically
disadvantaged small business concerns, are reached by all
Federal agencies;
(B) guaranteed loans, microloans, and venture capital, for
start-up and growing small business concerns, are made
available to all qualified small business concerns;
(C) the management assistance programs delivered by
resource partners on behalf of the Small Business
Administration, such as small business development centers,
women's business centers, veterans business outreach centers,
and the Service Corps of Retired Executives, are provided
with the Federal resources necessary to do their jobs;
(D) reforms to the disaster loan program of the Small
Business Administration are implemented as quickly as
possible;
(E) tax policy spurs small business growth, creates jobs,
and increases competitiveness;
(F) the Federal Government reduces the regulatory
compliance burden on small businesses; and
(G) broader health reforms efforts address the specific
needs of small businesses and the self-employed in providing
quality and affordable health insurance coverage to their
employees.
____________________
SENATE CONCURRENT RESOLUTION 23--SUPPORTING THE GOALS AND OBJECTIVES OF
THE PRAGUE CONFERENCE ON HOLOCAUST ERA ASSETS
Mr. CARDIN (for himself, Mr. Lugar, and Mr. Nelson of Florida)
submitted the following concurrent resolution; which was referred to
the Committee on Foreign Relations:
S. Con. Res. 23
Whereas the Government of the Czech Republic will host the
Conference on Holocaust Era Assets in Prague from June 26,
2009, through June 30, 2009 (in this preamble referred to as
the ``Prague Conference'');
Whereas the Prague Conference will facilitate a review of
the progress made since the 1998 Washington Conference on
Holocaust Era Assets, in which 44 countries, 13 non-
governmental organizations, and numerous scholars and
Holocaust survivors participated;
Whereas a high-level United States delegation participated
in the Washington Conference, led by then-Under Secretary of
State for Economic, Business and Agricultural Affairs Stuart
Eizenstat, Nobel Peace Laureate Elie Wiesel, Federal Judge
Abner Mikva, senior diplomats, and a bipartisan group of
Members of Congress;
Whereas then-Secretary of State Madeleine Albright
delivered the keynote address at the Washington Conference,
articulating the commitment of the United States to Holocaust
survivors and urging conference participants to ``chart a
course for finishing the job of returning or providing
compensation for stolen Holocaust assets to survivors and the
families of Holocaust victims'';
Whereas the Prague Conference is expected to review the
issues agreed on at the Washington Conference, including
issues relating to financial assets, bank accounts,
insurance, and other financial properties;
Whereas the Prague Conference is expected to include a
special session on social programs for Holocaust survivors
and other victims of Nazi atrocities;
Whereas at the Prague Conference, working groups are
expected to convene to discuss Holocaust education,
remembrance and research, looted art, Judaica and Jewish
cultural property, and immovable property, including both
private, religious, and communal property;
Whereas the participation and leadership of the United
States at the highest level is critically important to ensure
a successful outcome of the Prague Conference;
Whereas Congress supports further inclusion of Holocaust
survivors and their advocates in the planning and proceedings
of the Prague Conference;
Whereas the United States strongly supports the immediate
return of, or just compensation for, property that was
illegally confiscated by Nazi and Communist regimes;
Whereas many Holocaust survivors lack the means for even
the most basic necessities, including proper housing and
health care;
Whereas the United States and the international community
have a moral obligation to uphold and defend the dignity of
Holocaust survivors and to ensure their well-being;
Whereas the Prague Conference is a critical forum for
effectively addressing the increasing economic, social,
housing, and health care needs of Holocaust survivors in
their waning years;
Whereas then-Senator Barack Obama, during his visit in July
2008 to the Yad Vashem Holocaust Memorial in Israel, stated,
``Let our children come here and know this history so they
can add their voices to proclaim `never again.' And may we
remember those who perished, not only as victims but also as
individuals who hoped and loved and dreamed like us and who
have become symbols of the human spirit.''; and
Whereas the Prague Conference may represent the last
opportunity for the international community to address
outstanding Holocaust-era issues: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) supports the goals and objectives of the 2009 Prague
Conference on Holocaust Era Assets;
(2) applauds the Government of the Czech Republic for
hosting the Prague Conference and for its unwavering
commitment to addressing outstanding Holocaust-era issues;
(3) applauds the countries participating in the Prague
Conference for the decision to seek justice for Holocaust
survivors and to promote Holocaust remembrance and education;
(4) expresses strong support for the decision by those
countries to make the economic, social, housing, and health
care needs of Holocaust survivors a major focus of the Prague
Conference, especially in light of the advanced age of the
survivors, whose needs must be urgently addressed;
(5) urges countries in Central and Eastern Europe that have
not already done so--
(A) to return to the rightful owner any property that was
wrongfully confiscated or transferred to a non-Jewish
individual; or
(B) if return of such property is no longer possible, to
pay equitable compensation to the rightful owner in
accordance with principles of justice and through an
expeditious claims-driven administrative process that is
just, transparent, and fair;
(6) urges all countries to make a priority of returning to
Jewish communities any religious or communal property that
was stolen as a result of the Holocaust;
(7) calls on all countries to facilitate the use of the
Washington Conference Principles on Nazi-Confiscated Art,
agreed to December 3, 1998, in settling all claims involving
publically and privately held objects;
(8) calls on the President to send a high-level official,
such as the Secretary of State or an appropriate designee, to
represent the United States at the Prague Conference; and
(9) urges other invited countries to participate at a
similarly high level.
Mr. CARDIN. Mr. President, today I am introducing a resolution to
support the goals and objectives of the Prague Conference on Holocaust
Era Assets.
The Prague Conference, which will be held June 26 through June 30,
will serve as a forum to review the achievements of the 1998 Washington
Conference on Holocaust Era Assets. That meeting
[[Page 12887]]
brought together 44 nations, 13 nongovernmental organizations,
scholars, and Holocaust survivors, and helped channel the political
will necessary to address looted art, insurance claims, communal
property, and archival issues. The conference also examined the role of
historical commissions and Holocaust education, remembrance, and
research. While the Washington Conference was enormously useful, more
can and should be done in all of these areas. Accordingly, the Prague
Conference provides an important opportunity to identify specific
additional steps that countries can still take.
I would like to highlight just a couple of examples that, in my view,
underscore the need to get more done.
First I would like to mention the case of Martha Nierenberg's looted
family artwork in Hungary. In a nutshell, Ms. Nierenberg's family had
extensive property stolen by the Nazis, including some artwork. When
the communists came along, they took additional Nierenberg family
property, and the artwork found its way into the museums of the
Hungarian communist regime.
Under the terms of a foreign claims settlement agreement between the
United States and Hungary, the Nierenberg family received limited
compensation for some, but not all, of the stolen property. That
agreement provided that the Nierenberg family was free to seek
compensation for or restitution of other stolen property.
In 1997, a Hungarian government committee affirmed that two Hungarian
government museums possessed artwork belonging to the Nierenberg
family. Unfortunately, to this day, it remains in these museums. As I
have asked before, why would the Hungarian government insist on
retaining custody of artwork stolen by the Nazis when it could return
it to its rightful owner? It is entirely within the Hungarian
government's capacity to make this gesture, and I still hope that they
will do so--especially bearing in mind Hungary's own efforts to recover
looted art from other countries.
Second, I deeply regret that the question of private property
compensation in Poland is still a necessary topic of discussion. Poland
is singular in that it is the only country in central Europe that has
not adopted any general private property compensation or restitution
law.
I know a draft private property compensation bill is currently being
considered by the Polish Government. I also know that, in the 20 years
since the fall of communism, Poland has tabled roughly half a dozen
bills on this--all of which have failed. It would be great to see
meaningful movement on this before the meeting in Prague, but this will
not come about without meaningful leadership from both the government
and the parliament.
Finally, when I was in the Czech Republic last year, I expressed my
disappointment to Czech officials, including to Jan Kohout who was just
appointed Foreign Minister on May, that the Czech framework for making
a property restitution claim effectively excludes those who fled
Czechoslovakia and received both refuge and citizenship in the U.S. The
United Nations Human Rights Committee has repeatedly argued that this
violates the non-discrimination provision of the International Covenant
on Civil and Political Rights. This could be fixed, I believe, by re-
opening the deadline for filing claims, as Czech parliamentarians Jiri
Karas and Pavel Tollner recommended as long ago as 1999.
The Holocaust left a scar that will not be removed by the Prague
conference. But this upcoming gathering provides an opportunity for
governments to make tangible and meaningful progress in addressing this
painful chapter of history. I commend the Czech Republic for taking on
the leadership of organizing this meeting and urge President Obama to
send a high-level U.S. official to represent the U.S. at the
conference.
I am honored that the senior Senator from Indiana, who is the Ranking
Member of the Senate Foreign Relations Committee, is cosponsoring this
resolution, as is the senior Senator from Florida.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 1130. Mr. DODD proposed an amendment to amendment SA
1058 proposed by Mr. Dodd (for himself and Mr. Shelby) to the
bill H.R. 627, to amend the Truth in Lending Act to establish
fair and transparent practices relating to the extension of
credit under an open end consumer credit plan, and for other
purposes.
SA 1131. Mr. INOUYE (for himself and Mr. Cochran) proposed
an amendment to the bill H.R. 2346, making supplemental
appropriations for the fiscal year ending September 30, 2009,
and for other purposes.
SA 1132. Mr. INHOFE (for himself, Mr. Barrasso, Mr.
Brownback, Mr. DeMint, Mr. Johanns, Mr. Roberts, Mr. Thune,
Mr. Vitter, Mr. Sessions, Mr. Coburn, Mrs. Hutchison, Mr.
Bennett, Mr. Hatch, and Mr. Enzi) submitted an amendment
intended to be proposed by him to the bill H.R. 2346, supra;
which was ordered to lie on the table.
SA 1133. Mr. INOUYE (for himself, Mr. Inhofe, Mr. Shelby,
Mr. Brownback, Mr. Enzi, and Mr. Roberts) proposed an
amendment to the bill H.R. 2346, supra.
SA 1134. Mr. SHELBY (for himself and Mr. Alexander)
submitted an amendment intended to be proposed by him to the
bill H.R. 2346, supra; which was ordered to lie on the table.
SA 1135. Mr. SHELBY (for himself, Mr. Alexander, Mr. Gregg,
Mr. Bennett, Mrs. Hutchison, and Mr. Vitter) submitted an
amendment intended to be proposed by him to the bill H.R.
2346, supra; which was ordered to lie on the table.
SA 1136. Mr. McCONNELL proposed an amendment to the bill
H.R. 2346, supra.
SA 1137. Mr. INOUYE proposed an amendment to the bill H.R.
2346, supra.
SA 1138. Mr. DeMINT submitted an amendment intended to be
proposed by him to the bill H.R. 2346, supra; which was
ordered to lie on the table.
SA 1139. Mr. CORNYN proposed an amendment to the bill H.R.
2346, supra.
SA 1140. Mr. BROWNBACK proposed an amendment to the bill
H.R. 2346, supra.
SA 1141. Ms. LANDRIEU (for herself, Mrs. Hutchison, and Mr.
Harkin) submitted an amendment intended to be proposed by her
to the bill H.R. 2346, supra; which was ordered to lie on the
table.
SA 1142. Mr. BAUCUS submitted an amendment intended to be
proposed by him to the bill H.R. 2346, supra; which was
ordered to lie on the table.
SA 1143. Mr. RISCH (for himself, Mr. Cornyn, and Mr. Bond)
submitted an amendment intended to be proposed by him to the
bill H.R. 2346, supra; which was ordered to lie on the table.
SA 1144. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr.
Burr) submitted an amendment intended to be proposed by him
to the bill H.R. 2346, supra; which was ordered to lie on the
table.
____________________
TEXT OF AMENDMENTS
SA 1130. Mr. DODD proposed an amendment to amendment SA 1058 proposed
by Mr. Dodd (for himself and Mr. Shelby) to the bill H.R. 627, to amend
the Truth in Lending Act to establish fair and transparent practices
relating to the extension of credit under an open end consumer credit
plan, and for other purposes; as follows:
On page 3, beginning on line 17, strike ``(other than'' and
all that follows through ``indexed)'' on line 21 and insert
the following: ``(except in the case of an increase described
in paragraph (1), (2), or (3) of section 171(b))''.
On page 6, strike lines 9 through 12 and insert the
following:
(2) an increase in a variable annual percentage rate in
accordance with a credit card agreement that provides for
changes in the rate according to operation of an index that
is not under the control of the creditor and is available to
the general public;
On page 6, line 13, insert ``the completion of a workout or
temporary hardship arrangement by the obligor or'' after
``due to''.
On page 6, line 15, strike ``provided that the'' and insert
the following: ``provided that--
``(A) the''.
On page 6, line 20, strike ``; or'' and insert the
following: ``; and
(B) the creditor has provided the obligor, prior to the
commencement of such arrangement, with clear and conspicuous
disclosure of the terms of the arrangement (including any
increases due to such completion or failure); or
On page 7, line 7, insert ``on time'' after ``payments''.
On page 7, line 12, insert ``on time'' after ``payments''.
On page 10, line 13, strike ``or (2)'' and insert ``, (2),
(3), or (4)''.
On page 12, line 15, strike ``limit-fee'' and insert
``limit fee''.
On page 14, between lines 12 and 13, insert the following:
(7) Restriction on fees charged for an over-the-limit
transaction.--With respect
[[Page 12888]]
to a credit card account under an open end consumer credit
plan, an over-the-limit fee may be imposed only once during a
billing cycle if the credit limit on the account is exceeded,
and an over-the-limit fee, with respect to such excess
credit, may be imposed only once in each of the 2 subsequent
billing cycles, unless the consumer has obtained an
additional extension of credit in excess of such credit limit
during any such subsequent cycle or the consumer reduces the
outstanding balance below the credit limit as of the end of
such billing cycle.
On page 15, line 10, strike ``over the limit'' and insert
``over-the-limit''.
On page 27, strike line 3 and all that follows through page
30, line 12 and insert the following:
(c) Guidelines Required.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Board shall issue guidelines, by
rule, in consultation with the Secretary of the Treasury, for
the establishment and maintenance by creditors of a toll-free
telephone number for purposes of providing information about
accessing credit counseling and debt management services, as
required under section 127(b)(11)(B)(iv) of the Truth in
Lending Act, as added by this section.
(2) Approved agencies.--Guidelines issued under this
subsection shall ensure that referrals provided by the toll-
free number referred to in paragraph (1) include only those
nonprofit budget and credit counseling agencies approved by a
United States bankruptcy trustee pursuant to section 111(a)
of title 11, United States Code.
At the end of title I, add the following:
SEC. 109. CONSIDERATION OF ABILITY TO REPAY.
(a) In General.--Chapter 3 of the Truth in Lending Act (15
U.S.C. 1666 et seq.), as amended by this title, is amended by
adding at the end the following:
``SEC. 150. CONSIDERATION OF ABILITY TO REPAY.
``A card issuer may not open any credit card account for
any consumer under an open end consumer credit plan, or
increase any credit limit applicable to such account, unless
the card issuer considers the ability of the consumer to make
the required payments under the terms of such account.''.
(b) Clerical Amendment.--Chapter 3 of the Truth in Lending
Act (15 U.S.C. 1661 et seq.) is amended in the table of
sections for the chapter, by adding at the end the following:
``150. Consideration of ability to repay.''.
At the end of title II, add the following:
SEC. 205. PREVENTION OF DECEPTIVE MARKETING OF CREDIT
REPORTS.
(a) Preventing Deceptive Marketing.--Section 612 of the
Fair Credit Reporting Act (15 U.S.C. 1681j) is amended by
adding at the end the following:
``(g) Prevention of Deceptive Marketing of Credit
Reports.--
``(1) In general.--Subject to rulemaking pursuant to
section 205(b) of the Credit CARD Act of 2009, any
advertisement for a free credit report in any medium shall
prominently disclose in such advertisement that free credit
reports are available under Federal law at:
`AnnualCreditReport.com' (or such other source as may be
authorized under Federal law).
``(2) Television and radio advertisement.--In the case of
an advertisement broadcast by television, the disclosures
required under paragraph (1) shall be included in the audio
and visual part of such advertisement. In the case of an
advertisement broadcast by television or radio, the
disclosure required under paragraph (1) shall consist only of
the following: `This is not the free credit report provided
for by federal law.' ''.
(b) Rulemaking.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Federal Trade Commission shall
issue a final rule to carry out this section.
(2) Content.--The rule required by this subsection--
(A) shall include specific wording to be used in
advertisements in accordance with this section; and
(B) for advertisements on the Internet, shall include
whether the disclosure required under section 612(g)(1) of
the Fair Credit Reporting Act (as added by this section)
shall appear on the advertisement or the website on which the
free credit report is made available.
(3) Interim disclosures.--If an advertisement subject to
section 612(g) of the Fair Credit Reporting Act, as added by
this section, is made public after the 9-month deadline
specified in paragraph (1), but before the rule required by
paragraph (1) is finalized, such advertisement shall include
the disclosure: ``Free credit reports are available under
Federal law at: `AnnualCreditReport.com'.''.
At the end of title III, add the following:
SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE STUDENTS.
Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is
amended by adding at the end the following:
``(f) Credit Card Protections for College Students.--
``(1) Disclosure required.--An institution of higher
education shall publicly disclose any contract or other
agreement made with a card issuer or creditor for the purpose
of marketing a credit card.
``(2) Inducements prohibited.--No card issuer or creditor
may offer to a student at an institution of higher education
any tangible item to induce such student to apply for or
participate in an open end consumer credit plan offered by
such card issuer or creditor, if such offer is made--
``(A) on the campus of an institution of higher education;
``(B) near the campus of an institution of higher
education, as determined by rule of the Board; or
``(C) at an event sponsored by or related to an institution
of higher education.
``(3) Sense of the congress.--It is the sense of the
Congress that each institution of higher education should
consider adopting the following policies relating to credit
cards:
``(A) That any card issuer that markets a credit card on
the campus of such institution notify the institution of the
location at which such marketing will take place.
``(B) That the number of locations on the campus of such
institution at which the marketing of credit cards takes
place be limited.
``(C) That credit card and debt education and counseling
sessions be offered as a regular part of any orientation
program for new students of such institution.''.
SEC. 305. COLLEGE CREDIT CARD AGREEMENTS.
(a) In General.--Section 127 of the Truth in Lending Act
(15 U.S.C. 1637), as otherwise amended by this Act, is
amended by adding at the end the following:
``(r) College Card Agreements.--
``(1) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) College affinity card.--The term `college affinity
card' means a credit card issued by a credit card issuer
under an open end consumer credit plan in conjunction with an
agreement between the issuer and an institution of higher
education, or an alumni organization or foundation affiliated
with or related to such institution, under which such cards
are issued to college students who have an affinity with such
institution, organization and--
``(i) the creditor has agreed to donate a portion of the
proceeds of the credit card to the institution, organization,
or foundation (including a lump sum or 1-time payment of
money for access);
``(ii) the creditor has agreed to offer discounted terms to
the consumer; or
``(iii) the credit card bears the name, emblem, mascot, or
logo of such institution, organization, or foundation, or
other words, pictures, or symbols readily identified with
such institution, organization, or foundation.
``(B) College student credit card account.--The term
`college student credit card account' means a credit card
account under an open end consumer credit plan established or
maintained for or on behalf of any college student.
``(C) College student.--The term `college student' means an
individual who is a full-time or a part-time student
attending an institution of higher education.
``(D) Institution of higher education.--The term
`institution of higher education' has the same meaning as in
section 101 and 102 of the Higher Education Act of 1965 (20
U.S.C. 1001 and 1002).
``(2) Reports by creditors.--
``(A) In general.--Each creditor shall submit an annual
report to the Board containing the terms and conditions of
all business, marketing, and promotional agreements and
college affinity card agreements with an institution of
higher education, or an alumni organization or foundation
affiliated with or related to such institution, with respect
to any college student credit card issued to a college
student at such institution.
``(B) Details of report.--The information required to be
reported under subparagraph (A) includes--
``(i) any memorandum of understanding between or among a
creditor, an institution of higher education, an alumni
association, or foundation that directly or indirectly
relates to any aspect of any agreement referred to in such
subparagraph or controls or directs any obligations or
distribution of benefits between or among any such entities;
``(ii) the amount of any payments from the creditor to the
institution, organization, or foundation during the period
covered by the report, and the precise terms of any agreement
under which such amounts are determined; and
``(iii) the number of credit card accounts covered by any
such agreement that were opened during the period covered by
the report, and the total number of credit card accounts
covered by the agreement that were outstanding at the end of
such period.
``(C) Aggregation by institution.--The information required
to be reported under subparagraph (A) shall be aggregated
with respect to each institution of higher education or
alumni organization or foundation affiliated with or related
to such institution.
``(D) Initial report.--The initial report required under
subparagraph (A) shall be submitted to the Board before the
end of the 9-month period beginning on the date of enactment
of this subsection.
``(3) Reports by board.--The Board shall submit to the
Congress, and make available
[[Page 12889]]
to the public, an annual report that lists the information
concerning credit card agreements submitted to the Board
under paragraph (2) by each institution of higher education,
alumni organization, or foundation.''.
(b) Study and Report by the Comptroller General.--
(1) Study.--The Comptroller General of the United States
shall, from time to time, review the reports submitted by
creditors under section 127(r) of the Truth in Lending Act,
as added by this section, and the marketing practices of
creditors to determine the impact that college affinity card
agreements and college student card agreements have on credit
card debt.
(2) Report.--Upon completion of any study under paragraph
(1), the Comptroller General shall periodically submit a
report to the Congress on the findings and conclusions of the
study, together with such recommendations for administrative
or legislative action as the Comptroller General determines
to be appropriate.
On page 40, line 6, strike ``or'' at the end.
On page 40, line 8, strike the period and insert the
following: ``; or
(vi) redeemable solely for admission to events or venues at
a particular location or group of affiliated locations, which
may also include services or goods obtainable--
(I) at the event or venue after admission; or
(II) in conjunction with admission to such events or
venues, at specific locations affiliated with and in
geographic proximity to the event or venue.
On page 42, line 5, insert ``or vendor'' after ``issuer''.
On page 43, strike lines 9 through 11 and insert the
following:
(B) the terms of expiration are clearly and conspicuously
stated.
On page 43, line 13, strike ``shall prescribe'' and insert
the following: ``shall--
``(A) prescribe''.
On page 43, line 19, strike ``of gift'' and insert ``of a
gift''.
On page 43, beginning on line 21, strike ``assessed.'' and
insert the following: ``assessed; and
``(B) shall determine the extent to which the individual
definitions and provisions of the Electronic Fund Transfer
Act or Regulation E should apply to general-use prepaid
cards, gift certificates, and store gift cards.''.
On page 46, strike line 16 and all that follows through
page 48, line 6, and insert the following:
SEC. 502. BOARD REVIEW OF CONSUMER CREDIT PLANS AND
REGULATIONS.
(a) Required Review.--Not later than 2 years after the
effective date of this Act and every 2 years thereafter,
except as provided in subsection (c)(2), the Board shall
conduct a review, within the limits of its existing resources
available for reporting purposes, of the consumer credit card
market, including--
(1) the terms of credit card agreements and the practices
of credit card issuers;
(2) the effectiveness of disclosure of terms, fees, and
other expenses of credit card plans;
(3) the adequacy of protections against unfair or deceptive
acts or practices relating to credit card plans; and
(4) whether or not, and to what extent, the implementation
of this Act and the amendments made by this Act has
affected--
(A) cost and availability of credit, particularly with
respect to non-prime borrowers;
(B) the safety and soundness of credit card issuers;
(C) the use of risk-based pricing; or
(D) credit card product innovation.
(b) Solicitation of Public Comment.--In connection with
conducting the review required by subsection (a), the Board
shall solicit comment from consumers, credit card issuers,
and other interested parties, such as through hearings or
written comments.
(c) Regulations.--
(1) Notice.--Following the review required by subsection
(a), the Board shall publish a notice in the Federal Register
that--
(A) summarizes the review, the comments received from the
public solicitation, and other evidence gathered by the
Board, such as through consumer testing or other research;
and
(B) either--
(i) proposes new or revised regulations or interpretations
to update or revise disclosures and protections for consumer
credit cards, as appropriate; or
(ii) states the reason for the determination of the Board
that new or revised regulations are not necessary.
(2) Revision of review period following material revision
of regulations.--In the event that the Board materially
revises regulations on consumer credit card plans, a review
need not be conducted until 2 years after the effective date
of the revised regulations, which thereafter shall be treated
as the new date for the biennial review required by
subsection (a).
(d) Board Report to the Congress.--The Board shall report
to Congress not less frequently than every 2 years, except as
provided in subsection (c)(2), on the status of its most
recent review, its efforts to address any issues identified
from the review, and any recommendations for legislation.
(e) Additional Reporting.--The Federal banking agencies (as
that term is defined in section 3 of the Federal Deposit
Insurance Act) and the Federal Trade Commission shall provide
annually to the Board, and the Board shall include in its
annual report to Congress under section 10 of the Federal
Reserve Act, information about the supervisory and
enforcement activities of the agencies with respect to
compliance by credit card issuers with applicable Federal
consumer protection statutes and regulations, including--
(1) this Act, the amendments made by this Act, and
regulations prescribed under this Act and such amendments;
and
(2) section 5 of the Federal Trade Commission Act, and
regulations prescribed under the Federal Trade Commission
Act, including part 227 of title 12 of the Code of Federal
Regulations, as prescribed by the Board (referred to as
``Regulation AA'').
At the end of title V, add the following:
SEC. 503. STORED VALUE.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Homeland Security, shall
issue regulations in final form implementing the Bank Secrecy
Act, regarding the sale, issuance, redemption, or
international transport of stored value, including stored
value cards.
(b) Consideration of International Transport.--Regulations
under this section regarding international transport of
stored value may include reporting requirements pursuant to
section 5316 of title 31, United States Code.
(c) Emerging Methods for Transmittal and Storage in
Electronic Form.--Regulations under this section shall take
into consideration current and future needs and methodologies
for transmitting and storing value in electronic form.
SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT OF ESTATES OF
DECEDENT OBLIGORS.
(a) In General.--Chapter 2 of the Truth in Lending Act (
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``Sec. 140A Procedure for timely settlement of estates of
decedent obligors
``The Board, in consultation with the Federal Trade
Commission and each other agency referred to in section
108(a), shall prescribe regulations to require any creditor,
with respect to any credit card account under an open end
consumer credit plan, to establish procedures to ensure that
any administrator of an estate of any deceased obligor with
respect to such account can resolve outstanding credit
balances in a timely manner.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after
the item relating to section 140 the following new item:
``140A. Procedure for timely settlement of estates of decedent
obligors'.''.
SEC. 505. REPORT TO CONGRESS ON REDUCTIONS OF CONSUMER CREDIT
CARD LIMITS BASED ON CERTAIN INFORMATION AS TO
EXPERIENCE OR TRANSACTIONS OF THE CONSUMER.
(a) Report on Creditor Practices Required.--Before the end
of the 1-year period beginning on the date of enactment of
this Act, the Board, in consultation with the Comptroller of
the Currency, the Director of the Office of Thrift
Supervision, the Federal Deposit Insurance Corporation, the
National Credit Union Administration Board, and the Federal
Trade Commission, shall submit a report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on the extent to which, during the 3-year period
ending on such date of enactment, creditors have reduced
credit limits or raised interest rates applicable to credit
card accounts under open end consumer credit plans based on--
(1) the geographic location where a credit transaction with
the consumer took place, or the identity of the merchant
involved in the transaction;
(2) the credit transactions of the consumer, including the
type of credit transaction, the type of items purchased in
such transaction, the price of items purchased in such
transaction, any change in the type or price of items
purchased in such transactions, and other data pertaining to
the use of such credit card account by the consumer; and
(3) the identity of the mortgage creditor which extended or
holds the mortgage loan secured by the primary residence of
the consumer.
(b) Other Information.--The report required under
subsection (a) shall also include--
(1) the number of creditors that have engaged in the
practices described in subsection (a);
(2) the extent to which the practices described in
subsection (a) have an adverse impact on minority or low-
income consumers;
(3) any other relevant information regarding such
practices; and
(4) recommendations to the Congress on any regulatory or
statutory changes that may be needed to restrict or prevent
such practices.
SEC. 506. BOARD REVIEW OF SMALL BUSINESS CREDIT PLANS AND
RECOMMENDATIONS.
(a) Required Review.--Not later than 9 months after the
date of enactment of this
[[Page 12890]]
Act, the Board shall conduct a review of the use of credit
cards by businesses with not more than 50 employees (in this
section referred to as ``small businesses'') and the credit
card market for small businesses, including--
(1) the terms of credit card agreements for small
businesses and the practices of credit card issuers relating
to small businesses;
(2) the adequacy of disclosures of terms, fees, and other
expenses of credit card plans for small businesses;
(3) the adequacy of protections against unfair or deceptive
acts or practices relating to credit card plans for small
businesses;
(4) the cost and availability of credit for small
businesses, particularly with respect to non-prime borrowers;
(5) the use of risk-based pricing for small businesses;
(6) credit card product innovation relating to small
businesses; and
(7) the extent to which small business owners use personal
credit cards to fund their business operations.
(b) Recommendations.--Following the review required by
subsection (a), the Board shall, not later than 12 months
after the date of enactment of this Act--
(1) provide a report to Congress that summarizes the review
and other evidence gathered by the Board, such as through
consumer testing or other research, and
(2) make recommendations for administrative or legislative
initiatives to provide protections for credit card plans for
small businesses, as appropriate.
SEC. 507. SMALL BUSINESS INFORMATION SECURITY TASK FORCE.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``task force'' means the task force
established under subsection (b).
(b) Establishment.--The Administrator shall, in conjunction
with the Secretary of Homeland Security, establish a task
force, to be known as the ``Small Business Information
Security Task Force'', to address the information technology
security needs of small business concerns and to help small
business concerns prevent the loss of credit card data.
(c) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of small
business concerns; and
(B) the programs and services provided by the Federal
Government, State Governments, and nongovernment
organizations that serve those needs;
(2) assess the extent to which the programs and services
identified under paragraph (1)(B) serve the needs identified
under paragraph (1)(A);
(3) make recommendations to the Administrator on how to
more effectively serve the needs identified under paragraph
(1)(A) through--
(A) programs and services identified under paragraph
(1)(B); and
(B) new programs and services promoted by the task force;
(4) make recommendations on how the Administrator may
promote--
(A) new programs and services that the task force
recommends under paragraph (3)(B); and
(B) programs and services identified under paragraph
(1)(B);
(5) make recommendations on how the Administrator may
inform and educate with respect to--
(A) the needs identified under paragraph (1)(A);
(B) new programs and services that the task force
recommends under paragraph (3)(B); and
(C) programs and services identified under paragraph
(1)(B);
(6) make recommendations on how the Administrator may more
effectively work with public and private interests to address
the information technology security needs of small business
concerns; and
(7) make recommendations on the creation of a permanent
advisory board that would make recommendations to the
Administrator on how to address the information technology
security needs of small business concerns.
(d) Internet Website Recommendations.--The task force shall
make recommendations to the Administrator relating to the
establishment of an Internet website to be used by the
Administration to receive and dispense information and
resources with respect to the needs identified under
subsection (c)(1)(A) and the programs and services identified
under subsection (c)(1)(B). As part of the recommendations,
the task force shall identify the Internet sites of
appropriate programs, services, and organizations, both
public and private, to which the Internet website should
link.
(e) Education Programs.--The task force shall make
recommendations to the Administrator relating to developing
additional education materials and programs with respect to
the needs identified under subsection (c)(1)(A).
(f) Existing Materials.--The task force shall organize and
distribute existing materials that inform and educate with
respect to the needs identified under subsection (c)(1)(A)
and the programs and services identified under subsection
(c)(1)(B).
(g) Coordination With Public and Private Sector.--In
carrying out its responsibilities under this section, the
task force shall coordinate with, and may accept materials
and assistance as it determines appropriate from, public and
private entities, including--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act
to provide assistance and advice to small business concerns;
(3) other Federal agencies, their officers, or employees;
and
(4) any other organization, entity, or person not described
in paragraph (1), (2), or (3).
(h) Appointment of Members.--
(1) Chairperson and vice-chairperson.--The task force shall
have--
(A) a Chairperson, appointed by the Administrator; and
(B) a Vice-Chairperson, appointed by the Administrator, in
consultation with appropriate nongovernmental organizations,
entities, or persons.
(2) Members.--
(A) Chairperson and vice-chairperson.--The Chairperson and
the Vice-Chairperson shall serve as members of the task
force.
(B) Additional members.--
(i) In general.--The task force shall have additional
members, each of whom shall be appointed by the Chairperson,
with the approval of the Administrator.
(ii) Number of members.--The number of additional members
shall be determined by the Chairperson, in consultation with
the Administrator, except that--
(I) the additional members shall include, for each of the
groups specified in paragraph (3), at least 1 member
appointed from within that group; and
(II) the number of additional members shall not exceed 13.
(3) Groups represented.--The groups specified in this
paragraph are--
(A) subject matter experts;
(B) users of information technologies within small business
concerns;
(C) vendors of information technologies to small business
concerns;
(D) academics with expertise in the use of information
technologies to support business;
(E) small business trade associations;
(F) Federal, State, or local agencies, including the
Department of Homeland Security, engaged in securing
cyberspace; and
(G) information technology training providers with
expertise in the use of information technologies to support
business.
(4) Political affiliation.--The appointments under this
subsection shall be made without regard to political
affiliation.
(i) Meetings.--
(1) Frequency.--The task force shall meet at least 2 times
per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(3) Location.--The Administrator shall designate, and make
available to the task force, a location at a facility under
the control of the Administrator for use by the task force
for its meetings.
(4) Minutes.--
(A) In general.--Not later than 30 days after the date of
each meeting, the task force shall publish the minutes of the
meeting in the Federal Register and shall submit to the
Administrator any findings or recommendations approved at the
meeting.
(B) Submission to congress.--Not later than 60 days after
the date that the Administrator receives minutes under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives such minutes, together with any comments the
Administrator considers appropriate.
(5) Findings.--
(A) In general.--Not later than the date on which the task
force terminates under subsection (m), the task force shall
submit to the Administrator a final report on any findings
and recommendations of the task force approved at a meeting
of the task force.
(B) Submission to congress.--Not later than 90 days after
the date on which the Administrator receives the report under
subparagraph (A), the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives the full text of the report submitted under
subparagraph (A), together with any comments the
Administrator considers appropriate.
(j) Personnel Matters.--
(1) Compensation of members.--Each member of the task force
shall serve without pay for their service on the task force.
(2) Travel expenses.--Each member of the task force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Detail of sba employees.--The Administrator may detail,
without reimbursement,
[[Page 12891]]
any of the personnel of the Administration to the task force
to assist it in carrying out the duties of the task force.
Such a detail shall be without interruption or loss of civil
status or privilege.
(4) SBA support of the task force.--Upon the request of the
task force, the Administrator shall provide to the task force
the administrative support services that the Administrator
and the Chairperson jointly determine to be necessary for the
task force to carry out its duties.
(k) Not Subject to Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the task force.
(l) Startup Deadlines.--The initial appointment of the
members of the task force shall be completed not later than
90 days after the date of enactment of this Act, and the
first meeting of the task force shall be not later than 180
days after the date of enactment of this Act.
(m) Termination.--
(1) In general.--Except as provided in paragraph (2), the
task force shall terminate at the end of fiscal year 2013.
(2) Exception.--If, as of the termination date under
paragraph (1), the task force has not complied with
subsection (i)(4) with respect to 1 or more meetings, then
the task force shall continue after the termination date for
the sole purpose of achieving compliance with subsection
(i)(4) with respect to those meetings.
(n) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $300,000 for
each of fiscal years 2010 through 2013.
SEC. 508. STUDY AND REPORT ON EMERGENCY PIN TECHNOLOGY.
(a) In General.--The Federal Trade Commission, in
consultation with the Attorney General of the United States
and the United States Secret Service, shall conduct a study
on the cost-effectiveness of making available at automated
teller machines technology that enables a consumer that is
under duress to electronically alert a local law enforcement
agency that an incident is taking place at such automated
teller machine, including--
(1) an emergency personal identification number that would
summon a local law enforcement officer to an automated teller
machine when entered into such automated teller machine; and
(2) a mechanism on the exterior of an automated teller
machine that, when pressed, would summon a local law
enforcement to such automated teller machine.
(b) Contents of Study.--The study required under subsection
(a) shall include--
(1) an analysis of any technology described in subsection
(a) that is currently available or under development;
(2) an estimate of the number and severity of any crimes
that could be prevented by the availability of such
technology;
(3) the estimated costs of implementing such technology;
and
(4) a comparison of the costs and benefits of not fewer
than 3 types of such technology.
(c) Report.--Not later than 9 months after the date of
enactment of this Act, the Federal Trade Commission shall
submit to Congress a report on the findings of the study
required under this section that includes such
recommendations for legislative action as the Commission
determines appropriate.
SEC. 509. STUDY AND REPORT ON THE MARKETING OF PRODUCTS WITH
CREDIT OFFERS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the terms, conditions, marketing,
and value to consumers of products marketed in conjunction
with credit card offers, including--
(1) debt suspension agreements;
(2) debt cancellation agreements; and
(3) credit insurance products.
(b) Areas of Concern.--The study conducted under this
section shall evaluate--
(1) the suitability of the offer of products described in
subsection (a) for target customers;
(2) the predatory nature of such offers; and
(3) specifically for debt cancellation or suspension
agreements and credit insurance products, loss rates compared
to more traditional insurance products.
(c) Report to Congress.--The Comptroller shall submit a
report to Congress on the results of the study required by
this section not later than December 31, 2010.
SEC. 510. FINANCIAL AND ECONOMIC LITERACY.
(a) Report on Federal Financial and Economic Literacy
Education Programs.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Education and the
Director of the Office of Financial Education of the
Department of the Treasury shall coordinate with the
President's Advisory Council on Financial Literacy--
(A) to evaluate and compile a comprehensive summary of all
existing Federal financial and economic literacy education
programs, as of the time of the report; and
(B) to prepare and submit a report to Congress on the
findings of the evaluations.
(2) Contents.--The report required by this subsection shall
address, at a minimum--
(A) the 2008 recommendations of the President's Advisory
Council on Financial Literacy;
(B) existing Federal financial and economic literacy
education programs for grades kindergarten through grade 12,
and annual funding to support these programs;
(C) existing Federal postsecondary financial and economic
literacy education programs and annual funding to support
these programs;
(D) the current financial and economic literacy education
needs of adults, and in particular, low- and moderate-income
adults;
(E) ways to incorporate and disseminate best practices and
high quality curricula in financial and economic literacy
education; and
(F) specific recommendations on sources of revenue to
support financial and economic literacy education activities
with a specific analysis of the potential use of credit card
transaction fees.
(b) Strategic Plan.--
(1) In general.--The Secretary of Education and the
Director of the Office of Financial Education of the
Department of the Treasury shall coordinate with the
President's Advisory Council on Financial Literacy to develop
a strategic plan to improve and expand financial and economic
literacy education.
(2) Contents.--The plan developed under this subsection
shall--
(A) incorporate findings from the report and evaluations of
existing Federal financial and economic literacy education
programs under subsection (a); and
(B) include proposals to improve, expand, and support
financial and economic literacy education based on the
findings of the report and evaluations.
(3) Presentation to congress.--The plan developed under
this subsection shall be presented to Congress not later than
6 months after the date on which the report under subsection
(a) is submitted to Congress.
(c) Effective Date.--Notwithstanding section 3, this
section shall become effective on the date of enactment of
this Act.
SEC. 511. FEDERAL TRADE COMMISSION RULEMAKING ON MORTGAGE
LENDING.
(a) In General.--Section 626 of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8) is amended--
(1) in subsection (a)--
(A) by striking ``Within'' and inserting ``(1) Within'';
(B) in paragraph (1), as designated by subparagraph (A), by
inserting after the first sentence the following: ``Such
rulemaking shall relate to unfair or deceptive acts or
practices regarding mortgage loans, which may include unfair
or deceptive acts or practices involving loan modification
and foreclosure rescue services.''; and
(C) by adding at the end the following:
``(2) Paragraph (1) shall not be construed to authorize the
Federal Trade Commission to promulgate a rule with respect to
an entity that is not subject to enforcement of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) by the
Commission.
``(3) Before issuing a final rule pursuant to the
proceeding initiated under paragraph (1), the Federal Trade
Commission shall consult with the Federal Reserve Board
concerning any portion of the proposed rule applicable to
acts or practices to which the provisions of the Truth in
Lending Act (15 U.S.C. 1601 et seq.) may apply.
``(4) The Federal Trade Commission shall enforce the rules
issued under paragraph (1) in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made part of this section.''; and
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (2) and
inserting the following:
``(b)(1) Except as provided in paragraph (6), in any case
in which the attorney general of a State has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person subject to a rule prescribed under subsection
(a) in a practice that violates such rule, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate district court of
the United States or other court of competent jurisdiction--
``(A) to enjoin that practice;
``(B) to enforce compliance with the rule;
``(C) to obtain damages, restitution, or other compensation
on behalf of residents of the State; or
``(D) to obtain penalties and relief provided by the
Federal Trade Commission Act and such other relief as the
court considers appropriate.''; and
(B) in paragraphs (2), (3), and (6), by striking
``Commission'' each place it appears and inserting ``primary
Federal regulator''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on March 12, 2009.
______
SA 1131. Mr. INOUYE (for himself and Mr. Cochran) proposed an
amendment to the bill H.R. 2346, making supplemental appropriations for
the fiscal year ending September 30, 2009, and for other purposes; as
follows:
Strike all after the enacting clause and insert the
following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending
[[Page 12892]]
September 30, 2009, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II
Grants'', $700,000,000, to remain available until expended:
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
GENERAL PROVISION--THIS TITLE
Sec. 101. Notwithstanding any other provision of law, any
amounts made available prior to the date of enactment of this
Act to provide assistance under the emergency conservation
program established under title IV of the Agricultural Credit
Act of 1978 (16 U.S.C. 2201 and 2202) that are unobligated as
of the date of enactment of this Act shall be available to
carry out any purpose under that program without fiscal year
limitation: Provided, That the amount under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
(including rescission of funds)
Sec. 102. (a)(1) For an additional amount for gross
obligations for the principal amount of direct farm ownership
(7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.)
loans, to be available from funds in the Agricultural Credit
Insurance Fund, as follows: direct farm ownership loans,
$360,000,000; and direct operating loans, $225,000,000.
(2) For an additional amount for the cost of direct loans,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
direct farm ownership loans, $22,860,000; and direct
operating loans, $26,530,000.
(b) Of available unobligated discretionary balances from
the Rural Development mission area carried forward from
fiscal year 2008, $49,390,000 are hereby rescinded: Provided,
That none of the amounts may be rescinded other than those
from amounts that were designated by the Congress as an
emergency requirement pursuant to a Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(c) That the amount under this section is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'', $40,000,000, to remain available until
September 30, 2010: Provided, That the amount provided under
this heading shall be for the Trade Adjustment Assistance for
Communities program as authorized by section 1872 of Public
Law 111-5: Provided further, That the amount provided under
this heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a)
and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$30,000,000, to remain available until September 30, 2010:
Provided, That funds provided in the previous proviso shall
only be for carrying out Department of Justice
responsibilities required by Executive Orders 13491, 13492,
and 13493: Provided further, That the Attorney General shall
submit to the Committees on Appropriations of the House and
the Senate a detailed plan for expenditure of such funds no
later than 30 days after enactment of this Act.
Detention Trustee
For an additional amount for ``Detention trustee'',
$60,000,000, to remain available until September 30, 2010.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and expenses,
general legal activities'', $1,648,000, to remain available
until September 30, 2010.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and expenses,
United States attorneys'', $5,000,000, to remain available
until September 30, 2010.
For an additional amount for ``Salaries and expenses,
United States attorneys'', $10,000,000, to remain available
until September 30, 2010: Provided, That the amount provided
in this paragraph is designated as an emergency requirement
and necessary to meet emergency needs pursuant to sections
403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
United States Marshals Services
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$10,000,000, to remain available until September 30, 2010.
National Security Division
salaries and expenses
For an additional amount for ``Salaries and expenses,''
$1,389,000, to remain available until September 30, 2010.
Federal Bureau of Investigations
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$35,000,000, to remain available until September 30, 2010:
Provided, That the amount provided under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$20,000,000, to remain available until September 30, 2010.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$14,000,000, to remain available until September 30, 2010.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$5,038,000, to remain available until September 30, 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. Unless otherwise specified, each amount in this
title is designated as being for overseas deployment and
other activities pursuant to sections 401(c)(4) and 423(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Sec. 202. None of the funds provided in this title shall
be used to transfer, relocate, or incarcerate Guantanamo Bay
detainees to or within the United States.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,455,777,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,565,227,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,464,353,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,469,173,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$387,155,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,478,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $29,179,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $14,943,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $1,542,333,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $46,860,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $13,933,801,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $2,337,360,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,037,842,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,992,125,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $5,065,783,000, of which:
(1) not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
(2) not to exceed $1,050,000,000, to remain available until
expended, for payments to reimburse key cooperating nations,
for logistical, military, and other support including access
provided to United States
[[Page 12893]]
military operations in support of Operation Iraqi Freedom and
Operation Enduring Freedom, notwithstanding any other
provision of law: Provided, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
operations in Iraq and Afghanistan: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the congressional defense committees on the use of funds
provided in this paragraph; and
(3) up to $50,000,000 shall be available, 30 days after the
Secretary of Defense submits an expenditure plan to the
congressional defense committees detailing the specific
planned use of these funds, only to support the relocation
and disposition of individuals detained at the Guantanamo Bay
Naval Base to locations outside of the United States,
relocate military and support forces associated with detainee
operations, and facilitate the closure of detainee
facilities: Provided, That the Secretary of Defense shall
certify in writing to the congressional defense committees,
prior to transferring prisoners to foreign nations, that he
has been assured by the receiving nation that the individual
or individuals to be transferred will be retained in that
nation's custody as long as they remain a threat to the
national security interest of the United States: Provided
further, That the funds in this paragraph available to
provide assistance to foreign nations to facilitate the
relocation and disposition of individuals detained at the
Guantanamo Bay Naval Base are in addition to any other
authority to provide assistance to foreign nations: Provided
further, That these funds are available for transfer to any
other appropriations accounts of the Department of Defense
or, with the concurrence of the head of the relevant Federal
department or agency, to any other Federal appropriations
accounts to accomplish the purposes provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $110,017,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $25,569,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $30,775,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $34,599,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $203,399,000.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$3,606,939,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary shall notify the congressional
defense committees in writing upon the receipt and upon the
transfer of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to making
transfers from this appropriation account, notify the
congressional defense committees in writing of the details of
any such transfer.
Iraq Security Forces Fund
For an additional amount for the ``Iraq Security Forces
Fund'', $1,000,000,000, to remain available until September
30, 2011: Provided, That, not later than July 31, 2010, any
remaining unobligated funds in this account shall be
transferred to the Department of State to be available for
the same purposes as provided herein.
Pakistan Counterinsurgency Capability Fund
(including transfer of funds)
There is hereby established in the Treasury of the United
States the ``Pakistan Counterinsurgency Capability Fund''.
For the ``Pakistan Counterinsurgency Capability Fund'',
$400,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, with the concurrence of the Secretary of State,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, United States Central Command, or
the Secretary's designee, to provide assistance to Pakistan's
security forces; including program management and the
provision of equipment, supplies, services, training, and
funds; and facility and infrastructure repair, renovation,
and construction to build the counterinsurgency capability of
Pakistan's military and Frontier Corps, and of which up to
$2,000,000 shall be available to assist the Government of
Pakistan in creating a program to respond to urgent
humanitarian relief and reconstruction requirements that will
immediately assist Pakistani people affected by military
operations: Provided further, That the authority to provide
assistance under this provision is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such
amounts as he may determine from the funds provided herein to
appropriations for operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital
funds: Provided further, That funds so transferred shall be
merged with and be available for the same purposes and for
the same time period as the appropriation or fund to which
transferred: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation account, notify the congressional defense
committees in writing of the details of any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $315,684,000, to remain available until September 30,
2011.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$737,041,000, to remain available until September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,434,071,000, to remain
available until September 30, 2011.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $230,075,000, to remain available until September 30,
2011.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$7,029,145,000, to remain available until September 30, 2011.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $754,299,000, to remain available until September 30,
2011.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$31,403,000, to remain available until September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $348,919,000, to remain available
until September 30, 2011.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$207,181,000, to remain available until September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,658,347,000, to remain available until September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $2,064,118,000, to remain available for obligation
until September 30, 2011.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $49,716,000, to remain available until September 30,
2011.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $138,284,000, to remain available until
September 30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,910,343,000, to remain available until September
30, 2011.
[[Page 12894]]
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$237,868,000, to remain available until September 30, 2011.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $500,000,000, to remain available until
September 30, 2011.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the ``Mine Resistant Ambush Protected Vehicle Fund'',
$4,243,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary
shall transfer such funds only to appropriations for
operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary shall, not
fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $71,935,000, to remain available
until September 30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount of ``Research, Development, Test
and Evaluation, Navy'', $141,681,000, to remain available
until September 30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount of ``Research, Development, Test
and Evaluation, Air Force'', $174,159,000, to remain
available until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount of ``Research, Development, Test
and Evaluation, Defense-Wide'', $498,168,000, to remain
available until September 30, 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $861,726,000, to remain available until expended.
Defense Health Program
For an additional amount for ``Defense Health Program'',
$909,297,000, of which $845,508,000 for operation and
maintenance; of which $30,185,000, to remain available until
September 30, 2011, for procurement; and of which
$33,604,000, to remain available until September 30, 2010,
for research, development, test and evaluation.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $123,398,000, to remain
available until September 30, 2010: Provided, That these
funds may be used only for such activities related to
Afghanistan, Pakistan, and Central Asia.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,116,746,000, to remain available
until September 30, 2011.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $9,551,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2009.
(including transfer of funds)
Sec. 302. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer between appropriations
up to $2,500,000,000 of the funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to this authority: Provided further, That the
authority provided in this section is in addition to any
other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as
the authority provided in section 8005 of the Department of
Defense Appropriations Act, 2009, (Public Law 110-116) except
for the fourth proviso.
Sec. 303. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 304. During fiscal year 2009 and from funds in the
``Defense Cooperation Account'', as established by 10 U.S.C.
2608, the Secretary of Defense may transfer not to exceed
$6,500,000 to such appropriations or funds of the Department
of Defense as the Secretary shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority.
Sec. 305. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or ``Afghanistan
Security Forces Fund'' provided in this title, and executed
in direct support of the overseas contingency operations in
Iraq and Afghanistan, may be obligated at the time a
construction contract is awarded: Provided, That for the
purpose of this section, supervision and administration costs
include all in-house Government costs.
Sec. 306. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000: Provided further, That
the Secretary shall report to the Congress all purchases made
pursuant to this authority within 30 days of using the
authority.
Sec. 307. From funds made available in this title, the
Secretary of Defense may purchase motor vehicles for use by
military and civilian employees of the Department of Defense
in Iraq and Afghanistan, up to a limit of $75,000 per
vehicle, notwithstanding other limitations applicable to
passenger carrying motor vehicles.
Sec. 308. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That none of the amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Procurement, Marine Corps, 2007/2009'', $54,400,000;
``Other Procurement, Army, 2008/2010'', $29,300,000;
``Procurement, Marine Corps, 2008/2010'', $10,300,000;
``Research, Development, Test and Evaluation, Navy, 2008/
2009'', $5,000,000;
``Research, Development, Test and Evaluation, Air Force,
2008/2009'', $36,107,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2008/2009'', $200,000,000;
``Operation and Maintenance, Army, 2009/2009'',
$352,359,000;
``Operation and Maintenance, Navy, 2009/2009'',
$881,481,000;
``Operation and Maintenance, Marine Corps, 2009/2009'',
$54,466,000;
``Operation and Maintenance, Air Force, 2009/2009'',
$925,203,000;
``Operation and Maintenance, Defense-Wide, 2009/2009'',
$267,635,000;
``Operation and Maintenance, Army Reserve, 2009/2009'',
$23,338,000;
``Operation and Maintenance, Navy Reserve, 2009/2009'',
$62,910,000;
``Operation and Maintenance, Marine Corps Reserve, 2009/
2009'', $1,250,000;
``Operation and Maintenance, Air Force Reserve, 2009/
2009'', $163,786,000;
``Operation and Maintenance, Army National Guard, 2009/
2009'', $57,819,000;
``Operation and Maintenance, Air National Guard, 2009/
2009'', $250,645,000;
``Aircraft Procurement, Army, 2009/2011'', $11,500,000;
``Procurement of Ammunition, Army, 2009/2011'',
$107,100,000;
``Other Procurement, Army, 2009/2011'', $195,000,000;
``Procurement, Marine Corps, 2009/2011'', $10,300,000;
``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
``Research, Development, Test and Evaluation, Army, 2009/
2010'', $202,710,000;
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $270,260,000; and
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $392,567,000.
Sec. 309. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to
provide award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364).
Sec. 310. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in
fiscal years 2008 or 2009 appropriations to the Department of
Defense or to initiate a procurement
[[Page 12895]]
or research, development, test and evaluation new start
program without prior written notification to the
congressional defense committees.
Sec. 311. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for the purpose of
establishing any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 312. (a) Repeal of Secretary of Defense Reports on
Transition Readiness of Iraq and Afghan Security Forces.--
Subsection (a) of section 9205 of Public Law 110-252 (122
Stat. 2412) is repealed.
(b) Modification of Reports on Use of Certain Security
Forces Funds.--
(1) Preparation in consultation with commander of
centcom.--Subsection (b)(1) of such section is amended by
inserting ``the Commander of the United States Central
Command;'' after ``the Secretary of Defense;''.
(2) Period of reports.--Such subsection is further amended
by striking ``not later than 120 days after the date of the
enactment of this Act and every 90 days thereafter'' and
inserting ``not later than 45 days after the end of each
fiscal year quarter''.
(3) Funds covered by reports.--Such subsection is further
amended by striking ``and `Afghanistan Security Forces Fund'
'' and inserting ``, `Afghanistan Security Forces Fund', and
`Pakistan Counterinsurgency Capability Fund' ''.
(c) Notice New Projects and Transfers of Funds.--Subsection
(c) of such section is amended by striking ``the headings''
and all that follows and inserting ``the headings as follows:
``(1) `Iraq Security Forces Fund'.
``(2) `Afghanistan Security Forces Fund'.
``(3) `Pakistan Counterinsurgency Capability Fund'.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
Sec. 313. (a) Section 1174(h)(1) of title 10, United States
Code, is amended to read as follows:
``(1) A member who has received separation pay under this
section, or separation pay, severance pay, or readjustment
pay under any other provision of law, based on service in the
armed forces, and who later qualifies for retired or retainer
pay under this title or title 14 shall have deducted from
each payment of such retired or retainer pay an amount, in
such schedule of monthly installments as the Secretary of
Defense shall specify, taking into account the financial
ability of the member to pay and avoiding the imposition of
undue financial hardship on the member and member's
dependents, until the total amount deducted is equal to the
total amount of separation pay, severance pay, and
readjustment pay so paid.''.
(b) Section 1175(e)(3)(A) of title 10, United States Code,
is amended to read as follows:
``(3)(A) A member who has received the voluntary separation
incentive and who later qualifies for retired or retainer pay
under this title shall have deducted from each payment of
such retired or retainer pay an amount, in such schedule of
monthly installments as the Secretary of Defense shall
specify, taking into account the financial ability of the
member to pay and avoiding the imposition of undue financial
hardship on the member and member's dependents, until the
total amount deducted is equal to the total amount of
separation pay, severance pay, and readjustment pay so paid.
If the member elected to have a reduction in voluntary
separation incentive for any period pursuant to paragraph
(2), the deduction required under the preceding sentence
shall be reduced as the Secretary of Defense shall
specify.''.
(c) Effective Date.--The amendments made by this section
shall apply to any repayments of separation pay, severance
pay, readjustment pay, special separation benefit, or
voluntary separation incentive, that occur on or after the
date of enactment, including any ongoing repayment actions
that were initiated prior to this amendment.
Sec. 314. Each amount in this title is designated as being
for overseas deployments and other activities pursuant to
sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
TITLE IV
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance
For an additional amount for ``Operation and Maintenance''
to dredge navigation channels and repair damage to Corps
projects nationwide related to natural disasters,
$38,375,000, to remain available until expended: Provided,
That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this Act:
Provided further, That the amount under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of natural disasters as
authorized by law, $804,290,000, to remain available until
expended: Provided, That the Secretary of the Army is
directed to use $315,290,000 of the funds appropriated under
this heading to support emergency operations, repair eligible
projects nationwide, and for other activities in response to
natural disasters: Provided further, That the Secretary of
the Army is directed to use $489,000,000 of the amount
provided under this heading for barrier island restoration
and ecosystem restoration to restore historic levels of storm
damage reduction to the Mississippi Gulf Coast: Provided
further, That this work shall be carried out at full Federal
expense: Provided further, That the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to
the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act: Provided further, That the
amount under this heading is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Strategic Petroleum Reserve
(transfer of Funds)
For an additional amount for the ``Strategic Petroleum
Reserve'' account, $21,585,723, to remain available until
expended, to be derived by transfer from the ``SPR Petroleum
Account'' for site maintenance activities: Provided, That the
amount under this heading is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
National Nuclear Security Administration
weapons activities
(transfer of funds)
For an additional amount for ``Weapons Activities'',
$34,500,000, to remain available until expended, to be
divided among the three national security laboratories of
Livermore, Sandia and Los Alamos to fund a sustainable
capability to analyze nuclear and biological weapons
intelligence: Provided, That the Director of National
Intelligence shall provide a written report to the Senate
Appropriations Committee, the Senate Armed Services Committee
and the Senate Select Committee on Intelligence within 90
days of enactment on how the National Nuclear Security
Administration will invest these resources in technical and
core analytical capabilities: Provided further, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
defense nuclear nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'' in the National Nuclear Security
Administration, $55,000,000, to remain available until
expended, for the International Nuclear Materials Protection
and Cooperation Program to counter emerging threats at
nuclear facilities in Russia and other countries of concern
through detecting and deterring insider threats through
security upgrades: Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to sections 401(c)(4) and 423(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
limited transfer authority
Sec. 401. Section 403 of title IV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) is amended by striking all of the text and inserting
the following:
``SEC. 403. LIMITED TRANSFER AUTHORITY.
``The Secretary of Energy may transfer up to 0.5 percent
from each amount appropriated to the Department of Energy in
this title to any other appropriate account within the
Department of Energy, to be used for management and oversight
activities: Provided, That the Secretary shall provide a
report to the Committees on Appropriations of the House of
Representatives and the Senate 15 days prior to any transfer:
Provided further, That any funds so transferred under this
section shall remain available for obligation until September
30, 2012.''.
[[Page 12896]]
waiver of federal employment requirements
Sec. 402. Section 4601(c)(1) of the Atomic Energy Defense
Act (50 U.S.C. 2701(c)(1)) is amended by striking ``September
30, 2008'' and inserting ``September 30, 2009''.
corps of engineers technical fix
Sec. 403. (a) In General.--Section 3181 of the Water
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1158) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (11) as
paragraphs (5), (6), (8), (9), (10), (11), (12), and (13),
respectively;
(B) by inserting after paragraph (3) the following:
``(4) Northeast harbor, maine.--The project for navigation,
Northeast Harbor, Maine, authorized by section 2 of the Act
of March 2, 1945 (59 Stat. 12).''; and
(C) by inserting after paragraph (6) (as redesignated by
subparagraph (A)) the following:
``(7) Tenants harbor, maine.--The project for navigation,
Tenants Harbor, Maine, authorized by the first section of the
Act of March 2, 1919 (40 Stat. 1275).''; and
(2) in subsection (h)--
(A) by striking paragraphs (15) and (16); and
(B) by redesignating paragraphs (17) through (29) as
paragraphs (15) through (27), respectively.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1041)
corps of engineers reprogramming authority
Sec. 404. Unlimited reprogramming authority is granted to
the Secretary of the Army for funds provided in title IV--
Energy and Water Development of Public Law 111-5 under the
heading ``Department of Defense--Civil, Department of the
Army, Corps of Engineers--Civil''.
bureau of reclamation reprogramming authority
Sec. 405. Unlimited reprogramming authority is granted to
the Secretary of the Interior for funds provided in title
IV--Energy and Water Development of Public Law 111-5 under
the heading ``Bureau of Reclamation, Water and Related
Resources''.
cost analysis of tritium program changes
Sec. 406. No funds in this Act, or other previous Acts,
shall be provided to fund activities related to the mission
relocation of either the design authority for the gas
transfer systems or tritium research and development
facilities during the current fiscal year and until the
Department can provide the Senate Appropriations Committee an
independent technical mission review and cost analysis by the
JASON's as proposed in the Complex Transformation Site-Wide
Programmatic Environmental Impact Statement.
corps of engineers project cost ceiling increase
Sec. 407. The project for ecosystem restoration, Upper
Newport Bay, California, authorized by section 101(b)(9) of
the Water Resources Development Act of 2000 (114 Stat. 2577),
is modified to authorize the Secretary to construct the
project at a total cost of $50,659,000, with an estimated
Federal cost of $32,928,000 and a non-Federal cost of
$17,731,000.
Sec. 408. None of the funds provided in the matter under
the heading entitled ``Department of Defense--Civil'' in this
Act, or provided by previous appropriations Acts under the
heading entitled ``Department of Defense--Civil'' may be used
to deconstruct any work (including any partially completed
work) completed under the Mississippi River and Tributaries
Project authorized by the Act of May 15, 1928 (45 2 Stat.
534; 100 Stat. 4183), during fiscal year 2009, 2010, and
2011.
title 17 innovative technology loan guarantee program
Sec. 409. The matter under the heading ``Title 17
Innovative Technology Loan Guarantee Program''of title III of
division C of the Omnibus Appropriations Act, 2009 (Public
Law 111-8; 123 Stat. 619) is amended in the ninth proviso--
(1) by striking ``or (d)'' and inserting ``(d)''; and
(2) by striking ``the guarantee'' and inserting ``the
guarantee; (e) contracts, leases or other agreements entered
into prior to May 1, 2009 for front-end nuclear fuel cycle
projects, where such project licenses technology from the
Department of Energy, and pays royalties to the federal
government for such license and the amount of such royalties
will exceed the amount of federal spending, if any, under
such contracts, leases or agreements; or (f) grants or
cooperative agreements, to the extent that obligations of
such grants or cooperative agreements have been recorded in
accordance with section 1501(a)(5) of title 31, United States
Code, on or before May 1, 2009''.
TITLE V
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Offices,
Salaries and Expenses'', $4,000,000, to remain available
until December 31, 2010: Provided, That, not later than 10
days following enactment of this Act, the Secretary of the
Treasury shall transfer funds provided under this heading to
an account to be designated for the necessary expenses of the
Financial Crisis Inquiry Commission established pursuant to
section 5 of the Fraud Enforcement and Recovery Act of 2009:
Provided further, That the amount under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$2,936,000, of which $800,000 shall remain available until
expended and $2,136,000 shall remain available until
September 30, 2010: Provided, That the amount under this
heading is designated as being for overseas deployments and
other activities pursuant to sections 401(c)(4) and 423(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Pandemic Preparedness and Response
(including transfers of funds)
For an amount to be deposited into an account for
``Pandemic Preparedness and Response'' to be established
within the Executive Office of the President for expenses to
prepare for and respond to a potential pandemic disease
outbreak and to assist international efforts to control the
spread of such an outbreak, including for the 2009-H1N1
influenza outbreak, $1,500,000,000, to remain available until
September 30, 2010, and to be transferred by the Director of
the Office of Management and Budget as follows: $900,000,000
shall be transferred to and merged with funds made available
under the heading ``Department of Health and Human Services,
Public Health and Social Services Emergency Fund'' for
allocation by the Secretary; $190,000,000 shall be
transferred to and merged with funds made available for the
United States Department of Homeland Security under the
heading ``Departmental Management and Operations, Office of
the Secretary and Executive Management'' for allocation by
the Secretary; $100,000,000 shall be transferred to and
merged with funds made available for the United States
Department of Agriculture under the heading ``Agricultural
Programs, Production, Processing and Marketing, Office of the
Secretary'' for allocation by the Secretary; $50,000,000
shall be transferred to and merged with funds made available
under the heading ``Department of Health and Human Services,
Food and Drug Administration, Salaries and Expenses'';
$110,000,000 shall be transferred to and merged with funds
made available under the heading ``Department of Veterans
Affairs, Veterans Health Administration, Medical Services'';
and $150,000,000 shall be transferred to and merged with
funds made available under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Global
Health and Child Survival'', to support programs of the
United States Agency for International Development: Provided,
That such transfers shall be made not more than 10 days after
the date of enactment of this Act: Provided further, That
none of the funds provided under this heading shall be
available for obligation until 15 days following the
submittal of a detailed spending plan by each Department
receiving funds to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available in this or
any other Act: Provided further, That the amount under this
heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a)
and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2010:
Provided, That notwithstanding section 302 of division D of
Public Law 111-8, funding shall be available for transfer
between Judiciary accounts to meet increased workload
requirements resulting from immigration and other law
enforcement initiatives on the Southwest border: Provided
further, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
INDEPENDENT AGENCIES
Securities and Exchange Commission
salaries and expenses
For an additional amount for necessary expenses for the
Securities and Exchange Commission, $10,000,000, to remain
available until
[[Page 12897]]
September 30, 2010, for investigation of securities fraud:
Provided, That the amount under this heading is designated as
an emergency requirement and necessary to meet emergency
needs pursuant to sections 403(a) and 423(b) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 501. (a) In General.--Section 3(c)(2)(A) of Public Law
110-428 is amended--
(1) in the matter before clause (i), by striking ``4-year''
and inserting ``5-year''; and
(2) in clause (i), by striking ``1-year'' and inserting
``2-year''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of Public
Law 110-428.
Sec. 502. The fourth proviso under the heading ``District
of Columbia Funds'' of title IV of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 655) is
amended by striking ``and such title'' and inserting ``, as
amended by laws enacted pursuant to section 442(c) of the
Home Rule Act of the District of Columbia Home Rule Act of
1973, approved December 24, 1973 (87 Stat. 798), and such
title, as amended,''.
Sec. 503. Title V of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8) is amended under
the heading ``Federal Communications Commission'' by striking
the first proviso and inserting the following: ``Provided,
That of the funds provided, not less than $3,000,000 shall be
available for developing a national broadband plan pursuant
to title VI of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) and for carrying
out any other responsibility pursuant to that title:''.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$46,200,000, to remain available until September 30, 2010, of
which $6,200,000 shall be for the care, treatment, and
transportation of unaccompanied alien children; and of which
$40,000,000 shall be for response to border security issues
on the Southwest border of the United States.
air and marine interdiction, operations, maintenance, and procurement
For an additional amount for ``Salaries and Expenses'',
$5,000,000, to remain available until September 30, 2010, for
response to border security issues on the Southwest border of
the United States.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$66,800,000, to remain available until September 30, 2010, of
which $11,800,000 shall be for the care, treatment, and
transportation of unaccompanied alien children; and of which
$55,000,000 shall be for response to border security issues
on the Southwest border of the United States.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'',
$139,503,000; of which $129,503,000 shall be for Coast Guard
operations in support of Operation Iraqi Freedom and
Operation Enduring Freedom; and of which $10,000,000 shall be
available until September 30, 2010, for High Endurance Cutter
maintenance, major repairs, and improvements.
Federal Emergency Management Agency
state and local programs
For an additional amount for ``State and Local Programs'',
$30,000,000 shall be for Operation Stonegarden.
GENERAL PROVISIONS--THIS TITLE
(including rescission)
Sec. 601. (a) Rescission.--Of amounts previously made
available from ``Federal Emergency Management Agency,
Disaster Relief'' to the State of Mississippi pursuant to
section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane
Katrina, an additional $100,000,000 are rescinded.
(b) Appropriation.--For ``Federal Emergency Management
Agency, State and Local Programs'', there is appropriated an
additional $100,000,000, to remain available until expended,
for a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina: Provided, That the amount under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Sec. 602. The Department of Homeland Security
Appropriations Act, 2009 (Public Law 110-329) is amended
under the heading ``Federal Emergency Management Agency,
Management and Administration'' after ``the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.),'' by adding ``Cerro Grande Fire
Assistance Act of 2000 (division C, title I, 114 Stat.
583),''.
Sec. 603. Notwithstanding any provision under (a)(1)(A) of
15 U.S.C. 2229a specifying that grants must be used to
increase the number of fire fighters in fire departments, the
Secretary of Homeland Security may, in making grants
described under 15 U.S.C. 2229a for fiscal year 2009 or 2010,
grant waivers from the requirements of subsection (a)(1)(B),
subsection (c)(1), subsection (c)(2), and subsection
(c)(4)(A), and may award grants for the hiring, rehiring, or
retention of firefighters.
Sec. 604. The Administrator of the Federal Emergency
Management Agency shall extend through March 2010
reimbursement of case management activities conducted by the
State of Mississippi under the Disaster Housing Assistance
Program to individuals in the program on April 30, 2009.
Sec. 605. Section 552 of division E of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is amended by
striking ``local educational agencies'' and inserting
``primary or secondary school sites'' and by inserting ``and
section 406(c)(2)'' after ``section 406(c)(1)''.
Sec. 606. (a) In General.--Each amount in this title is
designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to any
amount under section 601 of this title.
TITLE VII
DEPARTMENT OF THE INTERIOR
Department-Wide Programs
wildland fire management
(including transfer of funds)
For an additional amount to cover necessary expenses for
wildfire suppression and emergency rehabilitation activities
of the Department of the Interior, $50,000,000, to remain
available until expended: Provided, That such funds shall
only become available if funds provided previously for
wildland fire suppression will be exhausted imminently and
after the Secretary of the Interior notifies the Committees
on Appropriations of the House of Representatives and the
Senate in writing of the need for these additional funds:
Provided further, That the Secretary of the Interior may
transfer any of these funds to the Secretary of Agriculture
if the transfer enhances the efficiency or effectiveness of
Federal wildland fire suppression activities: Provided
further, That the amount under this heading is designated as
an emergency requirement and necessary to meet emergency
needs pursuant to sections 403(a) and 423(b) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(including transfer of funds)
For an additional amount to cover necessary expenses for
wildfire suppression and emergency rehabilitation activities
of the Forest Service, $200,000,000, to remain available
until expended: Provided, That such funds shall only become
available if funds provided previously for wildland fire
suppression will be exhausted imminently and after the
Secretary of Agriculture notifies the Committees on
Appropriations of the House of Representatives and the Senate
in writing of the need for these additional funds: Provided
further, That the Secretary of Agriculture may transfer not
more than $50,000,000 of these funds to the Secretary of the
Interior if the transfer enhances the efficiency or
effectiveness of Federal wildland fire suppression
activities: Provided further, That the amount under this
heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a)
and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. Public Law 111-8, division E, title III,
Department of Health and Human Services, Agency for Toxic
Substances and Disease Registry, Toxic Substances and
Environmental Public Health is amended by inserting ``per
eligible employee'' after ``$1,000''.
Sec. 702. (a) Section 1606 of division A, title XVI of
Public Law 111-5 shall not be applied to projects carried out
by youth conservation organizations under agreement with the
Department of the Interior or the Forest Service for which
funds were provided in title VII.
(b) For purposes of this provision, the term ``youth
conservation organizations'' means not-for-profit
organizations that provide conservation service learning
opportunities for youth 16 to 25 years of age.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant
Assistance'' for necessary expenses for unaccompanied alien
children as authorized by section 462 of the Homeland
Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, $82,000,000, to remain available through
September 30, 2011:
[[Page 12898]]
Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
GENERAL PROVISIONS--THIS TITLE
(transfer of funds)
Sec. 801. Section 801(a) of division A of Public Law 111-5
is amended by inserting ``, and may be transferred by the
Department of Labor to any other account within the
Department for such purposes'' before the end period.
(including transfer of funds)
Sec. 802. (a) Notwithstanding any other provision of law,
during the period from September 1 through September 30,
2009, the Secretary of Education shall transfer to the
Career, Technical, and Adult Education account an amount not
to exceed $17,678,270 from amounts that would otherwise lapse
at the end of fiscal year 2009 and that were originally made
available under the Department of Education Appropriations
Act, 2009 or any Department of Education Appropriations Act
for a previous fiscal year.
(b) Funds transferred under this section to the Career,
Technical, and Adult Education account shall be obligated by
September 30, 2009.
(c) Any amounts transferred pursuant to this section shall
be for carrying out Adult Education State Grants, and shall
be allocated, notwithstanding any other provision of law,
only to those States that received funds under that program
for fiscal year 2009 that were at least 9.9 percent less than
those States received under that program for fiscal year
2008.
(d) The Secretary shall use these additional funds to
increase those States' allocations under that program up to
the amount they received under that program for fiscal year
2008.
(e) The Secretary shall notify the Committees on
Appropriations of both Houses of Congress of any transfer
pursuant to this section.
TITLE IX
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General
Expenses'', $71,606,000, to purchase and install a new radio
system for the U.S. Capitol Police, to remain available until
September 30, 2012: Provided, That the Chief of the Capitol
Police may not obligate any of the funds appropriated under
this heading without approval of an obligation plan by the
Committees on Appropriations of the Senate and the House of
Representatives.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$2,000,000, to remain available until September 30, 2010.
GENERAL PROVISION--THIS TITLE
Sec. 901. The amount available to the Committee on the
Judiciary for expenses, including salaries, under section
13(b) of Senate Resolution 73, agreed to March 10, 2009, is
increased by $500,000.
TITLE X
MILITARY CONSTRUCTION
Military Construction, Army
(including rescission)
For an additional amount for ``Military Construction,
Army'', $1,229,731,000, to remain available until September
30, 2013: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That none of
the funds provided under this heading for military
construction projects in Afghanistan shall be obligated or
expended until the Secretary of Defense certifies to the
Committees on Appropriations of both Houses of Congress that
a prefinancing statement for each project has been submitted
to the North Atlantic Treaty Organization (NATO) for
consideration of funding by the NATO Security Investment
Program.
For an additional amount for ``Military Construction,
Army'', $49,000,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the
preceding amount in this paragraph is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010: Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public
Law 110-252, $49,000,000 are hereby rescinded.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $243,083,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $265,470,000, to remain available until September
30, 2013: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That none of
the funds provided under this heading for military
construction projects in Afghanistan shall be obligated or
expended until the Secretary of Defense certifies to the
Committees on Appropriations of both Houses of Congress that
a prefinancing statement for each project has been submitted
to the North Atlantic Treaty Organization (NATO) for
consideration of funding by the NATO Security Investment
Program.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $181,500,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That $1,781,500,000 is hereby authorized for fiscal years
2009 through 2013 for the purposes of this appropriation.
North Atlantic Treaty Organization Security Investment Program
For an additional amount for ``North Atlantic Treaty
Organization Security Investment Program'', $100,000,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, such funds are
authorized for the North Atlantic Treaty Security Investment
Program for purposes of section 2806 of title 10, United
States Code, and section 2502 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417).
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $230,900,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out
operation and maintenance, planning and design and military
construction projects not otherwise authorized by law.
GENERAL PROVISIONS--THIS TITLE
Sec. 1001. None of the funds appropriated in this or any
other Act may be used to disestablish, reorganize, or
relocate the Armed Forces Institute of Pathology, except for
the Armed Forces Medical Examiner, until the President has
established, as required by section 722 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint
Pathology Center, and the Joint Pathology Center is
demonstrably performing the minimum requirements set forth in
section 722 of the National Defense Authorization Act for
Fiscal Year 2008.
Sec. 1002. (a) In General.--Unless otherwise designated,
each amount in this title is designated as being for overseas
deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to any
amount under the heading ``Military Construction, Defense-
Wide''.
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $645,444,000, to remain available until September
30, 2010, of which $117,983,000 is for World Wide Security
Protection and shall remain available until expended:
Provided, That the Secretary of State may transfer up to
$135,629,000 of the total funds made available under this
heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That of
the funds appropriated under this heading, not more than
$10,000,000 for public diplomacy activities may be
transferred to, and merged with, funds made available under
the heading ``International Broadcasting Operations'' for
broadcasting activities to the Pakistan-Afghanistan border
region: Provided further, That of the funds appropriated
under this heading, $57,000,000 shall be made available for
aircraft acquisition, maintenance, operations and leases in
Afghanistan for the Department of State and the United States
Agency for International Development (USAID), and the uses
and oversight of such aircraft shall be the responsibility of
the United States Chief of Mission in Afghanistan: Provided
further, That of the funds made available pursuant to the
previous proviso, $40,000,000 shall be transferred to, and
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merged with, funds made available under the heading ``United
States Agency for International Development, Funds
Appropriated to the President, Operating Expenses'' for the
purpose of USAID's air services: Provided further, That such
aircraft utilized by USAID may be used to transport Federal
and non-Federal personnel supporting USAID programs and
activities: Provided further, That official travel of other
agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling
on a space available basis.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $22,200,000, to remain available until September
30, 2010, of which $7,000,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and $7,200,000 shall be transferred
to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight: Provided, That
the Special Inspector General for Afghanistan Reconstruction
may exercise the authorities of subsections (b) through (i)
of section 3161 of title 5, United States Code (without
regard to subsection (a) of such section) for funds made
available for fiscal years 2009 and 2010.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $820,500,000, to remain
available until expended, for worldwide security upgrades,
acquisition, and construction as authorized, and shall be
made available for secure diplomatic facilities and housing
for United States mission staff in Afghanistan and Pakistan,
and for mobile mail screening units.
International Organizations
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $721,000,000, to
remain available until September 30, 2010.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$112,600,000, to remain available until September 30, 2010.
capital investment fund
For an additional amount for ``Capital Investment Fund'',
$48,500,000, to remain available until expended.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $3,500,000, to remain available until September
30, 2010, for oversight of programs in Afghanistan and
Pakistan.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $50,000,000, to remain available until September
30, 2010, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria.
development assistance
For an additional amount for ``Development Assistance'',
$38,000,000, to remain available until September 30, 2010,
for assistance for Kenya.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $245,000,000, to remain available until
expended.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,828,000,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading,
not less than $866,000,000 may be made available for
assistance for Afghanistan, of which not less than
$100,000,000 shall be made available to support programs that
directly address the needs of Afghan women and girls,
including for the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and for women-led
nongovernmental organizations: Provided further, That of the
funds appropriated under this heading, not less than
$115,000,000 shall be made available for the Afghan
Reconstruction Trust Fund, of which not less than $70,000,000
shall be made available for the National Solidarity Program:
Provided further, That of the funds appropriated under this
heading, not less than $11,000,000 shall be made available
for the Afghan Civilian Assistance Program: Provided further,
That of the funds appropriated under this heading, not less
than $439,000,000 shall be made available for assistance for
Pakistan, of which not more than $215,000,000 shall be made
available for economic growth programs, including basic
education to counter the influence of madrassas; not less
than $50,000,000 shall be made available for assistance for
internally displaced persons; and not less than $10,000,000
shall be made available for democracy programs, including to
strengthen democratic political parties: Provided further,
That of the funds appropriated under this heading that are
available for assistance for Afghanistan and Pakistan, not
less than $20,000,000 shall be made available for a cross
border development program to be administered by the Special
Representative for Afghanistan and Pakistan at the Department
of State: Provided further, That of the funds appropriated
under this heading, not less than $439,000,000 shall be made
available for assistance for Iraq, of which not less than
$50,000,000 shall be for the Community Action Program and not
less than $10,000,000 shall be for the Marla Ruzicka Iraqi
War Victims Fund: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000
shall be made available for assistance for Jordan to mitigate
the impact of the global economic crisis, including for
health, education, water and sanitation, and other assistance
for Iraqi and other refugees in Jordan: Provided further,
That of the funds appropriated under this heading, not less
than $15,000,000 shall be made available for assistance for
Yemen; not less than $10,000,000 shall be made available for
assistance for Somalia; and not less than $10,000,000 shall
be made available for programs and activities to assist
victims of gender-based violence in the Democratic Republic
of the Congo: Provided further, That funds made available
pursuant to the previous proviso shall be administered by the
United States Agency for International Development: Provided
further, That none of the funds appropriated in this title
for democracy and civil society programs may be made
available for the construction of facilities in the United
States.
assistance for europe, eurasia, and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $230,000,000, to remain available
until September 30, 2010, of which $200,000,000 may be made
available for assistance for Georgia and other Eurasian
countries: Provided, That of the funds appropriated under
this heading, $30,000,000 may be made available for
assistance for the Kyrgyz Republic to provide a long-range
air traffic control and safety system to support air
operations in the Kyrgyz Republic, including at Manas
International Airport, notwithstanding any other provision of
law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $393,500,000, to remain
available until September 30, 2010: Provided, That of the
funds appropriated under this heading, not more than
$109,000,000 may be made available for assistance for the
West Bank and not more than $66,000,000 may be made available
for assistance for Mexico.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $102,000,000, to
remain available until September 30, 2010: Provided, That of
this amount, not more than $77,000,000, to remain available
until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, of which not more than $50,000,000
may be made available to enhance security along the Gaza
border: Provided further, That the Secretary of State shall
work assiduously to facilitate the regular flow of people and
licit goods in and out of Gaza at established border
crossings and shall submit a report to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and every 45 days thereafter until September 30, 2010,
detailing progress in this effort.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $345,000,000, to remain available until
expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
(including transfer of funds)
For an additional amount for ``Peacekeeping Operations'',
$172,900,000, to remain available until September 30, 2010,
of which $155,900,000 may be made available to support the
African Union Mission to Somalia and which may be transferred
to, and merged with, funds appropriated under the heading
``Contributions for International Peacekeeping Activities''
for peacekeeping in Somalia: Provided, That of the funds
appropriated under this heading, $15,000,000 shall be made
available for assistance for the Democratic Republic of the
Congo and $2,000,000 shall be made available for the
Multinational Force and Observer mission in the Sinai.
international military education and training
For an additional amount for ``International Military
Education and Training'', $2,000,000, to remain available
until September 30, 2010, for assistance for Iraq.
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $98,000,000, to
[[Page 12900]]
remain available until September 30, 2009, for assistance for
Lebanon.
GENERAL PROVISIONS--THIS TITLE
afghanistan
Sec. 1101. (a) In General.--Funds appropriated under the
heading ``Economic Support Fund'' that are available for
assistance for Afghanistan shall be made available, to the
maximum extent practicable, in a manner that utilizes Afghan
entities and emphasizes the participation of Afghan women and
directly improves the security, economic and social well-
being, and political status, of Afghan women and girls.
(b) Limitation on Contracts and Grants.--Funds appropriated
under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan shall not be used to
initiate or make an amendment to any contract, grant or
cooperative agreement in an amount exceeding $10,000,000.
(c) Assistance for Women and Girls.--
(1) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' that
are available for assistance for Afghanistan, not less than
$10,000,000 shall be made available to train and support
Afghan women investigators, police officers, prosecutors and
judges with responsibility for investigating, prosecuting,
and punishing crimes of violence against women and girls.
(2) Of the funds appropriated under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan, not less than $5,000,000 shall be made available
for capacity building for Afghan women-led nongovernmental
organizations, and not less than $25,000,000 shall be made
available to support programs and activities of such
organizations, including to provide legal assistance and
training for Afghan women and girls about their rights, and
to promote women's health (including mental health),
education, and leadership.
(d) Anticorruption.--Ten percent of the funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'' that are available for assistance for the
Government of Afghanistan shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that the Government of Afghanistan is
implementing a policy to promptly remove from office any
government official who is credibly alleged to have engaged
in narcotics trafficking, gross violations of human rights,
or other major crimes.
(e) Acquisition of Property.--Not more than $10,000,000 of
the funds appropriated in this title may be made available to
pay for the acquisition of property for diplomatic facilities
in Afghanistan.
(f) United Nations Development Program.--None of the funds
appropriated in this title may be made available for programs
and activities of the United Nations Development Program
(UNDP) in Afghanistan unless the Secretary of State reports
to the Committees on Appropriations that UNDP is fully
cooperating with efforts of the United States Agency for
International Development (USAID) to investigate expenditures
by UNDP of USAID funds associated with the Quick Impact
Program in Afghanistan, and has agreed to reimburse USAID, if
appropriate.
allocations
Sec. 1102. (a) Funds appropriated in this title for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the report accompanying this Act:
(1) ``Diplomatic and Consular Programs''.
(2) ``Embassy Security, Construction, and Maintenance''.
(3) ``Economic Support Fund''.
(4) ``International Narcotics Control and Law
Enforcement''.
(b) For the purposes of implementing this section, and only
with respect to the tables included in the report
accompanying this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, may propose deviations to the
amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961.
burma
Sec. 1103. (a) Funds appropriated under the heading
``Economic Support Fund'' for humanitarian assistance for
Burma may be made available notwithstanding any other
provision of law.
(b) Not later than 30 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations a report that details the findings and
recommendations of the Department of State's review of United
States policy toward Burma.
extension of authorities
Sec. 1104. Funds appropriated in this title may be
obligated and expended notwithstanding section 10 of Public
Law 91-672, section 15 of the State Department Basic
Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), and section 504(a)(1) of the National Security Act
of 1947 (50 U.S.C. 414(a)(1)).
global financial crisis
Sec. 1105. (a) In General.--Of the funds appropriated under
the heading ``Economic Support Fund'', not more than
$285,000,000 may be made available for assistance for
vulnerable populations in developing countries severely
affected by the global financial crisis: Provided, That funds
made available pursuant to this section may be obligated only
after the Administrator of the United States Agency for
International Development (USAID) submits a report to the
Committees on Appropriations detailing a spending plan for
each such country including criteria for eligibility,
proposed amounts and purposes of assistance, and mechanisms
for monitoring the uses of such assistance, and indicating
that USAID has reviewed its existing programs in such country
to determine reprogramming opportunities to increase
assistance for vulnerable populations: Provided further, That
funds made available pursuant to this section shall be
transferred to, and merged with, the following accounts:
(1) Not less than $12,000,000 for the ``Development Credit
Authority'', for the cost of direct loans and loan guarantees
notwithstanding the dollar limitations in such account on
transfers to the account and the principal amount of loans
made or guaranteed with respect to any single country or
borrower: Provided, That such transferred funds may be made
available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $3,300,000,000: Provided
further, That the authority provided in this subsection is in
addition to authority provided under the heading
``Development Credit Authority'' in Public Law 111-8:
Provided further, That and up to $1,500,000 may be made
available for administrative expenses to carry out credit
programs administered by the United States Agency for
International Development; and
(2) Not more than $20,000,000 for the ``Overseas Private
Investment Corporation Program Account'', notwithstanding
section 708(b) of Public Law 111-8: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation.
(b) Reprogramming Authority.--Notwithstanding any other
provision of law and in addition to funds otherwise available
for such purposes, funds appropriated under the heading
``Millennium Challenge Corporation'' (MCC) in prior Acts
making appropriations for the Department of State, foreign
operations, export financing, and related programs may be
transferred to, and merged with, funds appropriated under the
heading ``Economic Support Fund'' that are made available
pursuant to this section.
(1) The authority contained in subsection (b) may only be
exercised for a country that has signed a compact with the
MCC or has been designated by the MCC as a threshold country,
and such a reprogramming of funds should be made, if
practicable, prior to making available additional assistance
for such purposes.
(2) The MCC shall consult with the Committees on
Appropriations prior to exercising the authority of this
subsection.
iraq
Sec. 1106. (a) In General.--Funds appropriated in this
title that are available for assistance for Iraq shall be
made available, to the maximum extent practicable, in a
manner that utilizes Iraqi entities.
(b) Matching Requirement.--Funds appropriated in this title
for assistance for Iraq shall be made available in accordance
with the Department of State's April 9, 2009, ``Guidelines
for Government of Iraq Financial Participation in United
States Government-Funded Civilian Foreign Assistance Programs
and Projects''.
(c) Other Assistance.--Of the funds appropriated in this
title under the heading ``Economic Support Fund'', not less
than $20,000,000 shall be made available for targeted
development programs and activities in areas of conflict in
Iraq, and the responsibility for policy decisions and
justifications for the use of such funds shall be the
responsibility of the United States Chief of Mission in Iraq.
prohibition on assistance for hamas
Sec. 1107. (a) None of the funds appropriated in this title
may be made available for assistance to Hamas, or any entity
effectively controlled by Hamas or any power-sharing
government of which Hamas is a member.
(b) Notwithstanding the limitation of subsection (a),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961,
as amended.
(c) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(d) Whenever the certification pursuant to subsection (b)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
[[Page 12901]]
certification and every quarter thereafter on whether such
government, including all of its ministers or such
equivalent, are continuing to comply with the principles
contained in section 620K(b)(1)(A) and (B). The report shall
also detail the amount, purposes and delivery mechanisms for
any assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
mexico
Sec. 1108. (a) Not later than 60 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing actions taken by the
Government of Mexico since June 30, 2008, to investigate and
prosecute violations of internationally recognized human
rights by members of the Mexican Federal police and military
forces, and to support a thorough, independent, and credible
investigation of the murder of American citizen Bradley
Roland Will.
(b) None of the funds appropriated in this title may be
made available for the cost of fuel for helicopters provided
to Mexico, or for logistical support, including operations
and maintenance, of aircraft purchased by the Government of
Mexico.
(c) In order to enhance border security and cooperation in
law enforcement efforts between Mexico and the United States,
funds appropriated in this title that are available for
assistance for Mexico may be made available for the
procurement of law enforcement communications equipment only
if such equipment utilizes open standards and is compatible
with, and capable of operating with, radio communications
systems and related equipment utilized by Federal law
enforcement agencies in the United States to enhance border
security and cooperation in law enforcement efforts between
Mexico and the United States.
multilateral development bank replenishments
Sec. 1109. (a) International Development Association.--The
International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end thereof the following:
``SEC. 24. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $3,705,000,000 to the fifteenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $3,705,000,000
for payment by the Secretary of the Treasury.
``SEC. 25. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$356,000,000 to the International Development Association for
the purpose of funding debt relief under the Multilateral
Debt Relief Initiative in the period governed by the
fifteenth replenishment of resources of the International
Development Association, subject to obtaining the necessary
appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of
this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$356,000,000 for payment by the Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development,'
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
(b) African Development Fund.--The African Development Fund
Act (22 U.S.C. 290 et seq.) is amended by adding at the end
thereof the following:
``SEC. 219. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $468,165,000 to
the eleventh replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $468,165,000
for payment by the Secretary of the Treasury.
``SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$26,000,000 to the African Development Fund for the purpose
of funding debt relief under the Multilateral Debt Relief
Initiative in the period governed by the eleventh
replenishment of resources of the African Development Fund,
subject to obtaining the necessary appropriations and without
prejudice to any funding arrangements in existence on the
date of the enactment of this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$26,000,000 for payment by the Secretary of the Treasury.''.
promotion of policy goals at the world bank group
Sec. 1110. Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end thereof the following:
``SEC. 1626. REFORM OF THE `DOING BUSINESS' REPORT OF THE
WORLD BANK.
``(a) The Secretary of the Treasury shall instruct the
United States Executive Directors at the International Bank
for Reconstruction and Development, the International
Development Association, and the International Finance
Corporation of the following United States policy goals, and
to use the voice and vote of the United States to actively
promote and work to achieve these goals:
``(1) Suspension of the use of the `Employing Workers'
Indicator for the purpose of ranking or scoring country
performance in the annual Doing Business Report of the World
Bank until a set of indicators can be devised that fairly
represent the value of internationally recognized workers'
rights, including core labor standards, in creating a stable
and favorable environment for attracting private investment.
The indicators shall bring to bear the experiences of the
member governments in dealing with the economic, social and
political complexity of labor market issues. The indicators
should be developed through collaborative discussions with
and between the World Bank, the International Finance
Corporation, the International Labor Organization, private
companies, and labor unions.
``(2) Elimination of the `Labor Tax and Social
Contributions' Subindicator from the annual Doing Business
Report of the World Bank.
``(3) Removal of the `Employing Workers' Indicator as a
`guidepost' for calculating the annual Country Policy and
Institutional Assessment score for each recipient country.
``(b) Within 60 days after the date of the enactment of
this section, the Secretary of the Treasury shall provide an
instruction to the United States Executive Directors referred
to in subsection (a) to take appropriate actions with respect
to implementing the policy goals of the United States set
forth in subsection (a), and such instruction shall be posted
on the website of the Department of the Treasury.
``SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS OF
THE INSPECTION PANEL PROCESS OF THE WORLD BANK.
``(a) Enhancing Transparency in Implementation of
Management Action Plans.--The Secretary of the Treasury shall
direct the United States Executive Directors at the World
Bank to seek to ensure that World Bank Procedure 17.55, which
establishes the operating procedures of Management with
regard to the Inspection Panel, provides that Management
prepare and make available to the public semiannual progress
reports describing implementation of Action Plans considered
by the Board; allow and receive comments from Requesters and
other Affected Parties for two months after the date of
disclosure of the progress reports; post these comments on
World Bank and Inspection Panel websites (after receiving
permission from the requestors to post with or without
attribution); submit the reports to the Board with any
comments received; and make public the substance of any
actions taken by the Board after Board consideration of the
reports.
``(b) Safeguarding the Independence and Effectiveness of
the Inspection Panel.--The Secretary of the Treasury shall
direct the United States Executive Directors at the World
Bank to continue to promote the independence and
effectiveness of the Inspection Panel, including by seeking
to ensure the availability of, and access by claimants to,
the Inspection Panel for projects supported by World Bank
resources.
``(c) Evaluation of Country Systems.--The Secretary of the
Treasury shall direct the United States Executive Directors
at the World Bank to request an evaluation by the Independent
Evaluation Group on the use of country environmental and
social safeguard systems to determine the degree to which, in
practice, the use of such systems provides the same level of
protection at the project level as do the policies and
procedures of the World Bank.
``(d) World Bank Defined.--In this section, the term `World
Bank' means the International Bank for Reconstruction and
Development and the International Development Association.''.
climate change mitigation and greenhouse gas accounting
Sec. 1111. Title XIII of the International Financial
Institutions Act (22 U.S.C. 262m et seq.) is amended by
adding at the end thereof the following:
``SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS
ACCOUNTING.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of
the Treasury shall seek to ensure that multilateral
development banks (as defined in section 1701(c)(4) of this
Act) adopt and implement greenhouse
[[Page 12902]]
gas accounting in analyzing the benefits and costs of
individual projects (excluding those with de minimus
greenhouse gas emissions) for which funding is sought from
the bank.
``(b) Expansion of Climate Change Mitigation Activities.--
The Secretary of the Treasury shall work to ensure that the
multilateral development banks (as defined in section
1701(c)(4)) expand their activities supporting climate change
mitigation by--
``(1) significantly expanding support for investments in
energy efficiency and renewable energy, including zero carbon
technologies;
``(2) reviewing all proposed infrastructure investments to
ensure that all opportunities for integrating energy
efficiency measures have been considered;
``(3) increasing the dialogue with the governments of
developing countries regarding--
``(A) analysis and policy measures needed for low carbon
emission economic development; and
``(B) reforms needed to promote private sector investments
in energy efficiency and renewable energy, including zero
carbon technologies; and
``(4) integrate low carbon emission economic development
objectives into multilateral development bank country
strategies.
``(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this section, and annually
thereafter, the Secretary of the Treasury shall submit a
report on the status of efforts to implement this section to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Financial
Services and the Committee on Appropriations of the House of
Representatives.''.
multilateral development bank reform
Sec. 1112. (a) Budget Disclosure.--The Secretary of the
Treasury shall seek to ensure that the multilateral
development banks make timely, public disclosure of their
operating budgets including expenses for staff, consultants,
travel and facilities.
(b) Evaluation.--The Secretary of the Treasury shall seek
to ensure that multilateral development banks rigorously
evaluate the development impact of selected bank projects,
programs, and financing operations, and emphasize use of
random assignment in conducting such evaluations, where
appropriate and to the extent feasible.
(c) Extractive Industries.--The Secretary of the Treasury
shall direct the United States Executive Directors at the
multilateral development banks to promote the endorsement of
the Extractive Industry Transparency Initiative (EITI) by
these institutions and the integration of the principles of
the EITI into extractive industry-related projects that are
funded by the multilateral development banks.
(d) Report.--Not later than September 30, 2009, the
Secretary of the Treasury shall submit a report to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate, and the Committee on Appropriations
and the Committee on Foreign Affairs of the House, detailing
actions taken by the multilateral development banks to
achieve the objectives of this section.
(e) Coordination of Development Policy.--The Secretary of
the Treasury shall coordinate the formulation and
implementation of United States policy relating to the
development activities of the World Bank Group with the
Secretary of State, the Administrator of the United States
Agency for International Development, and other Federal
agencies, as appropriate.
overseas comparability pay adjustment
Sec. 1113. (a) Subject to such regulations prescribed by
the Secretary of State, including with respect to phase-in
schedule and treatment as basic pay, and notwithstanding any
other provision of law, funds appropriated for this fiscal
year in this or any other Act may be used to pay an eligible
member of the Foreign Service as defined in subsection (b) of
this section a locality-based comparability payment (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such member under section 5304 of title 5, United
States Code if such member's official duty station were in
the District of Columbia.
(b) A member of the Service shall be eligible for a payment
under this section only if the member is designated class 1
or below for purposes of section 403 of the Foreign Service
Act of 1980 (22 U.S.C. 3963) and the member's official duty
station is not in the continental United States or in a non-
foreign area, as defined in section 591.205 of title 5, Code
of Federal Regulations.
(c) The amount of any locality-based comparability payment
that is paid to a member of the Foreign Service under this
section shall be subject to any limitations on pay applicable
to locality-based comparability payments under section 5304
of title 5, United States Code.
assessment on afghanistan and pakistan
Sec. 1114. (a) Finding.--The Congress supports economic and
security assistance for Afghanistan and Pakistan, but long-
term stability and security in those countries is tied more
to the capacity and conduct of the Afghan and Pakistani
governments and the resolve of both societies for peace and
stability, to include combating extremist networks, than it
is to the policies of the United States.
(b) Report.--The President shall submit a report to the
appropriate congressional committees, not later than 90 days
after the date of enactment of this Act and every 6 months
thereafter until September 30, 2010, in classified form if
necessary, assessing the extent to which the Afghan and
Pakistani governments are demonstrating the necessary
commitment, capability, conduct and unity of purpose to
warrant the continuation of the President's policy announced
on March 27, 2009, to include:
(1) The level of political consensus and unity of purpose
across ethnic, tribal, religious and political party
affiliations to confront the political and security
challenges facing the region;
(2) The level of official corruption that undermines such
political consensus and unity of purpose, and actions taken
to eliminate it;
(3) The actions taken by the respective security forces and
appropriate government entities in developing a
counterinsurgency capability, conducting counterinsurgency
operations, and establishing security and governance on the
ground;
(4) The actions taken by the respective intelligence
agencies in cooperating with the United States on
counterinsurgency and counterterrorism operations and in
terminating policies and programs, and removing personnel,
that provide material support to extremist networks that
target United States troops or undermine United States
objectives in the region;
(5) The ability of the Afghan and Pakistani governments to
effectively control and govern the territory within their
respective borders; and
(6) The ways in which United States Government assistance
contributed, or failed to contribute, to achieving the goals
outlined above.
(c) Policy Assessment.--The President, on the basis of
information gathered and coordinated by the National Security
Council, shall advise the Congress on how such assessment
requires, or does not require, changes to such policy.
(d) Definition.--For purposes of this section,
``appropriate congressional committees'' means the Committees
on Appropriations, Foreign Relations and Armed Services of
the Senate, and the Committees on Appropriations, Foreign
Affairs and Armed Services of the House of Representatives.
assistance for pakistan
Sec. 1115. (a) Findings.--
(1) The United States and the international community have
welcomed and supported Pakistan's return to civilian rule
since the democratic elections of February 18, 2008;
(2) Since 2001, the United States has provided more than
$12,000,000,000 in economic and security assistance to
Pakistan;
(3) Afghanistan and Pakistan are facing grave threats to
their internal security from a growing insurgency fueled by
al Qaeda, the Taliban and other violent extremist groups
operating in areas along the Afghanistan-Pakistan border; and
(4) The United States is committed to supporting vigorous
efforts by the Government of Pakistan to secure Pakistan's
western border and counter violent extremism, expand
government services, support economic development, combat
corruption and uphold the rule of law in such areas.
(b) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report, in
classified form if necessary, to the Committees on
Appropriations detailing--
(1) a spending plan for the proposed uses of funds
appropriated in this title under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' that are available for assistance for Pakistan
including amounts, the purposes for which funds are to be
made available, and intended results;
(2) the actions to be taken by the United States and the
Government of Pakistan relating to such assistance;
(3) the metrics for measuring progress in achieving such
results; and
(4) the mechanisms for monitoring such funds.
special authority
Sec. 1116. (a) Notwithstanding any other provision of law,
funds appropriated under the headings ``Global HIV/AIDS
Initiative'' or ``Global Health and Child Survival'' in prior
Acts making appropriations for the Department of State,
foreign operations, export financing and related programs for
assistance for Kenya to carry out the President's Emergency
Plan for AIDS Relief may be transferred to, and merged with,
funds made available under the heading ``Economic Support
Fund'' to respond to instability in Kenya arising from
conflict or civil strife.
(b) The Secretary of State shall consult with the
Committees on Appropriations prior to exercising the
authority of this section.
spending plan and notification procedures
Sec. 1117. (a) Spending Plan.--Not later than 45 days after
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall submit to the
Committees on Appropriations a report detailing planned
expenditures for
[[Page 12903]]
funds appropriated in this title, except for funds
appropriated under the headings ``International Disaster
Assistance'' and ``Migration and Refugee Assistance''.
(b) Notification.--Funds appropriated in this title, with
the exception of funds appropriated under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'', shall be subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961.
technical provisions
Sec. 1118. (a) Modifications.--The funding limitation in
section 7046(a) of Public Law 111-8 shall not apply to funds
made available for assistance for Colombia through the United
States Agency for International Development's Office of
Transition Initiatives: Provided, That title III of division
H of Public Law 111-8 is amended under the heading ``Economic
Support Fund'' in the second proviso by striking ``up to
$20,000,000'' and inserting ``not less than $20,000,000''.
(b) Notification Requirement.--Funds appropriated by this
Act that are transferred to the Department of State or the
United States Agency for International Development shall be
subject to the regular notification procedures of the
Committees on Appropriations, notwithstanding any other
provision of law.
(c) Authority.--Funds appropriated in this title, and
subsequent and prior acts appropriating funds for Department
of State, Foreign Operations, and Related Programs and under
the heading ``Public Law 480 Title II Grants'' in this,
subsequent, and prior Acts appropriating funds for
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies, shall be made available notwithstanding
the requirements of and amendments made by section 3511 of
Public Law 110-417.
(d) Reemployment of Annuitants.--
(1) Section 824 of the Foreign Service Act of 1980 (22
U.S.C. 4064) is amended in subsection (g)(1)(B) by inserting
``, Pakistan,'' after ``Iraq'' each place it appears; by
inserting ``to positions in the Response Readiness Corps,''
before ``or to posts vacated''; and, in subsection (g)(2) by
striking ``2009'' and inserting instead ``2012''.
(2) Section 61 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1)
by adding ``, Pakistan,'' after ``Iraq'' each place it
appears; by inserting ``, to positions in the Response
Readiness Corps,'' before ``or to posts vacated''; and, in
subsection (a)(2) by striking ``2008'' and inserting instead
``2012''.
(3) Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ``,
Pakistan,'' after ``Iraq'' each place it appears; by
inserting ``, to positions in the Response Readiness Corps,''
before ``or to posts vacated''; and, in subsection (J)(1)(B)
by striking ``2008'' and inserting instead ``2012''.
(e) Incentives for Critical Posts.--Notwithstanding
sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United
States Code, appropriations made available by this or any
other Act may be used to pay recruitment, relocation, and
retention bonuses under chapter 57 of title 5, United States
Code to members of the Foreign Service, other than chiefs of
mission and ambassadors at large, who are on official duty in
Iraq, Afghanistan, or Pakistan. This authority shall
terminate on October 1, 2012.
(f) Of the funds appropriated under the heading ``Foreign
Military Financing Program'' in Public Law 110-161 that are
available for assistance for Colombia, $500,000 may be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law
Enforcement'' to provide medical and rehabilitation
assistance for members of Colombian security forces who have
suffered severe injuries.
terms and conditions
Sec. 1119. Unless otherwise provided for in this Act,
funds appropriated or otherwise made available in this title
shall be available under the authorities and conditions
provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of
Public Law 111-8), except that sections 7042(a) and (c) and
7070(e)(2) of such Act shall not apply to such funds.
overseas deployments
Sec. 1120. Each amount in this title is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
payments to air carriers
(airport and airway trust fund)
In addition to funds made available under Public Law 111-8
and funds authorized under subsection 41742(a)(1) of title
49, United States Code, to carry out the essential air
service program, to be derived from the Airport and Airway
Trust Fund, $13,200,000, to remain available until expended.
Federal Aviation Administration
grants-in-aid for airports
(airport and airway trust fund)
(rescission)
Of the amounts authorized under sections 48103 and 48112 of
title 49, United States Code, $13,200,000 are permanently
rescinded from amounts authorized for the fiscal year ending
September 30, 2008.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Section 1937 of Public Law 109-59 (119 Stat.
1144, 1510) is amended--
(1) in paragraph (1) by striking ``expenditures'' each
place that it appears and inserting ``allocations''; and
(2) in paragraph (2) by striking ``expenditure'' and
inserting ``allocation''.
Sec. 1202. A recipient and subrecipient of funds
appropriated in Public Law 111-5 and apportioned pursuant to
section 5311 and section 5336 (other than subsection (i)(1)
and (j)) of title 49, United States Code, may use up to 10
percent of the amount apportioned for the operating costs of
equipment and facilities for use in public transportation:
Provided, That a grant obligating such funds prior to the
date of the enactment of this Act may be amended to allow a
recipient and subrecipient to use the funds made available
for operating assistance: Provided further, That such funds
are designated as an emergency requirement pursuant to
section 403 of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Sec. 1203. Public Law 110-329, under the heading
``Project-Based Rental Assistance'', is amended by striking
``project-based vouchers'' and all that follows up to the
period and inserting ``activities and assistance for the
provision of tenant-based rental assistance, including
related administrative expenses, as authorized under the
United States Housing Act of 1937, as amended (42 U.S.C. 1437
et seq.), $80,000,000, to remain available until expended:
Provided, That such funds shall be made available within 60
days of the enactment of this Act: Provided further, That in
carrying out the activities authorized under this heading,
the Secretary shall waive section (o)(13)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))'':
Provided, That such additional funds are designated as an
emergency requirement pursuant to section 403 of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Sec. 1204. Public Law 111-5 is amended by striking the
second proviso under the heading ``HOME Investment
Partnerships Program'' and inserting ``Provided further, That
the housing credit agencies in each State shall distribute
these funds competitively under this heading and pursuant to
their qualified allocation plan (as defined in section 42(m)
of the Internal Revenue Code of 1986) to owners of projects
who have received or receive simultaneously an award of low-
income housing tax credits under sections 42(h) and 1400N of
the Internal Revenue Code of 1986:''.
TITLE XIII
OTHER MATTERS
INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL MONETARY PROGRAMS
United States Quota, International Monetary Fund
For an increase in the United States quota in the
International Monetary Fund, the dollar equivalent of
4,973,100,000 Special Drawing Rights, to remain available
until expended: Provided, That the cost of the amounts
provided herein shall be determined as provided under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.):
Provided further, That for purposes of section 502(5) of the
Federal Credit Reform Act of 1990, the discount rate in
section 502(5)(E) shall be adjusted for market risks:
Provided further, That section 504(b) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.
Loans to International Monetary Fund
For loans to the International Monetary Fund under section
17(a)(ii) and (b)(ii) of the Bretton Woods Agreements Act
(Public Law 87-490, 22 U.S.C. 286e-2), as amended by this Act
pursuant to the New Arrangements to Borrow, the dollar
equivalent of up to 75,000,000,000 Special Drawing Rights, to
remain available until expended, in addition to any amounts
previously appropriated under section 17 of such Act:
Provided, That if the United States agrees to an expansion of
its credit arrangement in an amount less than the dollar
equivalent of 75,000,000,000 Special Drawing Rights, any
amount over the United States' agreement shall not be
available until further appropriated: Provided further, That
the cost of the amounts provided herein shall be determined
as provided under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et. seq.): Provided further, That for purposes of
section 502(5) of the Federal Credit Reform Act of 1990, the
discount rate in section 502(5)(E) shall be adjusted for
market risks: Provided further, That section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall
not apply.
GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS
Sec. 1301. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e-2) is amended--
(1) in subsection (a)--
[[Page 12904]]
(A) by inserting ``(1)'' before ``In order to''; and
(B) by adding at the end the following:
``(2) In order to carry out the purposes of a decision of
the Executive Directors of the International Monetary Fund to
expand the resources of and make other amendments to the New
Arrangements to Borrow, which was established pursuant to the
decision of January 27, 1997 referred to in paragraph (1)
above, the Secretary of the Treasury is authorized to
instruct the United States Executive Director to consent to
such amendments, notwithstanding subsection (d) of this
section, and to make loans, in an amount not to exceed the
dollar equivalent of 75,000,000,000 Special Drawing Rights,
in addition to any amounts previously authorized under this
section and limited to such amounts as are provided in
advance in appropriations Acts, except that prior to
activation, the Secretary of the Treasury shall report to
Congress as to whether supplementary resources are needed to
forestall or cope with an impairment of the international
monetary system and whether the Fund has fully explored other
means of funding, to the Fund under article VII, section
1(i), of the Articles of Agreement of the Fund. Any loan
under the authority granted in this subsection shall be made
with due regard to the present and prospective balance of
payments and reserve position of the United States.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``For the purpose of'';
(B) by inserting ``subsection (a)(1) of'' ``after pursuant
to''; and
(C) by adding at the end the following:
``(2) For the purpose of making loans to the International
Monetary Fund pursuant to subsection (a)(2) of this section,
there is hereby authorized to be appropriated not to exceed
the dollar equivalent of 75,000,000,000 Special Drawing
Rights, in addition to any amounts previously authorized
under this section, except that prior to activation, the
Secretary of the Treasury shall report to Congress as to
whether supplementary resources are needed to forestall or
cope with an impairment of the international monetary system
and whether the Fund has fully explored other means of
funding, to remain available until expended to meet calls by
the International Monetary Fund. Any payments made to the
United States by the International Monetary Fund as a
repayment on account of the principal of a loan made under
this section shall continue to be available for loans to the
International Monetary Fund.''.
Sec. 1302. The Bretton Woods Agreements Act (22 U.S.C. 286
et seq.) is amended by adding at the end the following:
``SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF
AGREEMENT OF THE FUND.
``The United States Governor of the Fund may agree to and
accept the amendments to the Articles of Agreement of the
Fund as proposed in the resolutions numbered 63-2 and 63-3 of
the Board of Governors of the Fund which were approved by
such Board on April 28, 2008 and May 5, 2008, respectively.
``SEC. 65. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund
may consent to an increase in the quota of the United States
in the Fund equivalent to 4,973,100,000 Special Drawing
Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in
such amounts as are provided in advance in appropriations
Acts.
``SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND'S
GOLD.
``The Secretary of the Treasury is authorized to instruct
the United States Executive Director of the Fund to vote to
approve the sale of up to 12,965,649 ounces of the Fund's
gold acquired since the second Amendment of the Fund's
Articles of Agreement in April 1978, only if such sales are
consistent with the guidelines agreed to by the Executive
Board of the Fund described in the Report of the Managing
Director to the International Monetary and Financial
Committee on a New Income and Expenditure Framework for the
International Monetary Fund (April 9, 2008) to prevent
disruption to the world gold market. In addition to agreeing
to and accepting the amendments referred to in section 64 of
this act relating to the use of proceeds from the sale of
such gold, the U.S. Governor is authorized to take such
actions as may be necessary, including those referred to in
section 5(e) of this act, to also use such proceeds for the
purpose of assisting low-income countries, only after the
Secretary of the Treasury has consulted with the chairman and
ranking minority member of the Committee on Foreign Relations
and the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the
House of Representatives, and the appropriate subcommittees
thereof, at least 60 days prior to any authorization by the
United States Executive Director of distribution of gold sale
proceeds.
``SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF
AGREEMENT OF THE FUND.
``The United States Governor of the Fund may agree to and
accept the amendment to the Articles of Agreement of the Fund
as proposed in the resolution numbered 54-4 of the Board of
Governors of the Fund which was approved by such Board on
October 22, 1997.''.
Sec. 1303. (a) Not later than 30 days after enactment of
this Act, the Secretary of the Treasury, in consultation with
the Executive Director of the World Bank and the Executive
Board of the International Monetary Fund (IMF), shall submit
a report to the appropriate congressional committees
detailing the steps taken to coordinate the activities of the
World Bank and the IMF to avoid duplication of missions and
programs, and steps taken by the Department of the Treasury
and the IMF to increase the oversight and accountability of
IMF activities.
(b) For the purposes of this section, the ``appropriate
congressional committees'' means the Committees on
Appropriations, Banking, Housing, and Urban Affairs, and
Foreign Relations of the Senate, and the Committees on
Appropriations, Foreign Affairs, and Ways and Means of the
House of Representatives.
(c) In the next report to Congress on international
economic and exchange rate policies, the Secretary of the
Treasury shall: (1) report on ways in which the IMF's
surveillance function under Article IV could be enhanced and
made more effective in terms of avoiding currency
manipulation; (2) report on the feasibility and usefulness of
publishing the IMF's internal calculations of indicative
exchange rates; and (3) provide recommendations on the steps
that the IMF can take to promote global financial stability
and conduct effective multilateral surveillance.
Sec. 1304. Each amount in this title is designated as
being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
GENERAL PROVISION--THIS ACT
availability of funds
Sec. 1305. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
This Act may be cited as the ``Supplemental Appropriations
Act, 2009''.
______
SA 1132. Mr. INHOFE (for himself, Mr. Barrasso, Mr. Brownback, Mr.
DeMint, Mr. Johanns, Mr. Roberts, Mr. Thune, Mr. Vitter, Mr. Sessions,
Mr. Coburn, Mrs. Hutchison, Mr. Bennett, Mr. Hatch, and Mr. Enzi)
submitted an amendment intended to be proposed by him to the bill H.R.
2346, making supplemental appropriations for the fiscal year ending
September 30, 2009, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or otherwise made
available to any department or agency of the United States
Government by this Act or any other Act may be obligated or
expended for any of the following purposes:
(1) To transfer any detainee of the United States housed at
Naval Station, Guantanamo Bay, Cuba, to any facility in the
United States or its territories.
(2) To construct, improve, modify, or otherwise enhance any
facility in the United States or its territories for the
purpose of housing any detainee described in paragraph (1).
(3) To house or otherwise incarcerate any detainee
described in paragraph (1) in the United States or its
territories.
______
SA 1133. Mr. INOUYE (for himself, Mr. Inhofe, Mr. Shelby, Mr.
Brownback, Mr. Enzi, and Mr. Roberts) proposed an amendment to the bill
H.R. 2346, making supplemental appropriations for the fiscal year
ending September 30, 2009, and for other purposes; as follows:
Strike section 202 and insert the following:
Sec. 202. (a)(1) None of the funds appropriated or
otherwise made available by this Act or any prior Act may be
used to transfer, release, or incarcerate any individual who
was detained as of May 19, 2009, at Naval Station, Guantanamo
Bay, Cuba, to or within the United States.
(2) In this subsection, the term ``United States'' means
the several States and the District of Columbia.
(b) The amount appropriated or otherwise made available by
title II for the Department of Justice for general
administration under the heading ``salaries and expenses'' is
hereby reduced by $30,000,000.
(c) The amount appropriated or otherwise made available by
title III under the heading ``Operation and Maintenance,
Defense-Wide'' under paragraph (3) is hereby reduced by
$50,000,000.
______
SA 1134. Mr. SHELBY (for himself and Mr. Alexander) submitted an
amendment intended to be proposed by him to the bill H.R. 246, making
supplemental appropriations for the fiscal
[[Page 12905]]
year ending September 30, 2009, and for other purposes; which was
ordered to lie on the table; as follows:
On page 7, line 25 after the ``.'' insert the following:
``SEC. 203 None of the funds appropriated in this or any
other Act shall be used to carry out any of the Department of
Justice responsibilities required by Executive Orders 13491,
13492 and 13493.''
______
SA 1135. Mr. SHELBY (for himself, Mr. Alexander, Mr. Gregg, Mr.
Bennett, Mrs. Hutchison, and Mr. Vitter) submitted an amendment
intended to be proposed by him to the bill H.R. 2346, making
supplemental appropriations for the fiscal year ending September 30,
2009, and for other purposes; which was ordered to lie on the table; as
follows:
On page 4 strike all from line 19 through the ``.'' on page
5, line 5.
______
SA 1136. Mr. McCONNELL proposed an amendment to the bill H.R. 2346,
making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes; as follows:
On page 31, between lines 3 and 4, insert the following:
Sec. 315. (a) Reports Required.--Not later than 60 days
after the date of the enactment of this Act and every 90 days
thereafter, the President shall submit to the members and
committees of Congress specified in subsection (b) a report
on the prisoner population at the detention facility at
Guantanamo Bay, Cuba.
(b) Specified Members and Committees of Congress.--The
members and committees of Congress specified in this
subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member on the Committee on
Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate.
(4) The Speaker of the House of Representatives.
(5) The minority leader of the House of Representatives.
(6) The Chairman and Ranking Member on the Committee on
Armed Services of the House of Representatives.
(7) The Chairman and Vice Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives
(c) Matters To Be Included.--Each report required by
subsection (a) shall include the following:
(1) The name and country of origin of each detainee at the
detention facility at Guantanamo Bay, Cuba, as of the date of
such report.
(2) A current summary of the evidence, intelligence, and
information used to justify the detention of each detainee
listed under paragraph (1) at Guantanamo Bay.
(3) A current accounting of all the measures taken to
transfer each detainee listed under paragraph (1) to the
individual's country of citizenship or another country.
(4) A current description of the number of individuals
released or transferred from detention at Guantanamo Bay who
are confirmed or suspected of returning to terrorist
activities after release or transfer from Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to recruit
detainees released from detention at Guantanamo Bay.
(6) For each detainee listed under paragraph (1), a threat
assessment that includes--
(A) an assessment of the likelihood that such detainee may
return to terrorist activity after release or transfer from
Guantanamo Bay;
(B) an evaluation of the status of any rehabilitation
program in such detainee's country of origin, or in the
country such detainee is anticipated to be transferred to;
and
(C) an assessment of the risk posed to the American people
by the release or transfer of such detainee from Guantanamo
Bay.
(d) Form.--The report required under subsection (a), or
parts thereof, may be submitted in classified form.
(e) Limitation on Release or Transfer.--No detainee
detained at the detention facility at Guantanamo Bay, Cuba,
as of the date of the enactment of this Act may be released
or transferred to another country until the President--
(1) submits to Congress the first report required by
subsection (a); or
(2) certifies to the members and committees of Congress
specified in subsection (b) that such action poses no threat
to the members of the United States Armed Forces.
______
SA 1137. Mr. INOUYE proposed an amendment to the bill H.R. 2346,
making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes; as follows:
On page 30, line 24, strike all after ``Sec. 314.'' through
page 31, line 3, and insert in lieu thereof:
(a) In General.--Unless otherwise designated, each amount
in this title is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and
423(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to the
amount rescinded in section 308 for ``Operation and
Maintenance, Air Force''.
______
SA 1138. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 2346, making supplemental appropriations for the
fiscal year ending September 30, 2009, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 100, strike line 12 and all that follows
through page 107, line 21.
______
SA 1139. Mr. CORNYN proposed an amendment to the bill H.R. 2346,
making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF THE SENATE.
(a) Findings.--Congress finds the following:
(1) In the aftermath of the September 11, 2001 attacks,
there was bipartisan consensus that preventing further
terrorist attacks on the United States was the most urgent
responsibility of the United States Government.
(2) A bipartisan joint investigation by the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives concluded that the September 11, 2001 attacks
demonstrated that the intelligence community had not shown
``sufficient initiative in coming to grips with the new
transnational threats''.
(3) By mid-2002, the Central Intelligence Agency had
several top al Qaeda leaders in custody.
(4) The Central Intelligence Agency believed that some of
these al Qaeda leaders knew the details of imminent plans for
follow-on attacks against the United States.
(5) The Central Intelligence Agency believed that certain
enhanced interrogation techniques might produce the
intelligence necessary to prevent another terrorist attack
against the United States.
(6) The Central Intelligence Agency sought legal guidance
from the Office of Legal Counsel of the Department of Justice
as to whether such enhanced interrogation techniques,
including one that the United States military uses to train
its own members in survival, evasion, resistance, and escape
training, would comply with United States and international
law if used against al Qaeda leaders reasonably believed to
be planning imminent attacks against the United States.
(7) The Office of Legal Counsel is the proper authority
within the executive branch for addressing difficult and
novel legal questions, and providing legal advice to the
executive branch in carrying out official duties.
(8) Before mid-2002, no court in the United States had
interpreted the phrases ``severe physical or mental pain or
suffering'' and ``prolonged mental harm'' as used in sections
2340 and 2340A of title 18, United States Code.
(9) The legal questions posed by the Central Intelligence
Agency and other executive branch officials were a matter of
first impression, and in the words of the Office of Legal
Counsel, ``substantial and difficult''.
(10) The Office of Legal Counsel approved the use by the
Central Intelligence Agency of certain enhanced interrogation
techniques, with specific limitations, in seeking actionable
intelligence from al Qaeda leaders.
(11) The legal advice of the Office of Legal Counsel
regarding interrogation policy was reviewed by a host of
executive branch officials, including the Attorney General,
the Counsel to the President, the Deputy Counsel to the
President, the General Counsel of the Central Intelligence
Agency, the General Counsel of the National Security Council,
the legal advisor of the Attorney General, the head of the
Criminal Division of the Department of Justice, and the
Counsel to the Vice President.
(12) The majority and minority leaders in both Houses of
Congress, the Speaker of the House of Representatives, and
the chairmen and vice chairmen of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives received
classified briefings on the legal analysis by the Office of
Legal Counsel and the proposed interrogation program of the
Central Intelligence Agency as early as September 4, 2002.
(13) Porter Goss, then-chairman of the Permanent Select
Committee on Intelligence of the House of Representatives,
recalls that he and then-ranking member Nancy Pelosi
``understood what the CIA was doing'', ``gave the CIA our
bipartisan support'', ``gave the CIA funding to carry out its
activities'', and ``On a bipartisan basis . . . asked if the
CIA needed more support from Congress to carry out its
mission against al-Qaeda''.
(14) No member of Congress briefed on the legal analysis of
the Office of Legal Counsel and the proposed interrogation
program of
[[Page 12906]]
the Central Intelligence Agency in 2002 objected to the
legality of the enhanced interrogation techniques, including
``waterboarding'', approved in legal opinions of the Office
of Legal Counsel.
(15) Using all lawful means to secure actionable
intelligence based on the legal guidance of the Office of
Legal Counsel provides national leaders a means to detect,
deter, and defeat further terrorist acts against the United
States.
(16) The enhanced interrogation techniques approved by the
Office of Legal Counsel have, in fact, accomplished the goal
of providing intelligence necessary to defeating additional
terrorist attacks against the United States.
(17) Congress has previously established a defense for
persons who engaged in operational practices in the war on
terror in good faith reliance on advice of counsel that the
practices were lawful.
(18) The Senate stands ready to work with the Obama
Administration to ensure that leaders of the Armed Forces of
the United States and the intelligence community continue to
have the resources and tools required to prevent additional
terrorist attacks on the United States.
(b) Sense of Senate.--It is the sense of the Senate that no
person who provided input into the legal opinions by the
Office of Legal Counsel of the Department of Justice
analyzing the legality of the enhanced interrogation program,
nor any person who relied in good faith on those opinions,
nor any member of Congress who was briefed on the enhanced
interrogation program and did not object to the program going
forward should be prosecuted or otherwise sanctioned.
______
SA 1140. Mr. BROWNBACK proposed an amendment to the bill H.R. 2346,
making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes; as follows:
At the end of title III, add the following:
Sec. 315. (a) Findings.--The Senate makes the following
findings:
(1) In response to written questions from the April 30,
2009, hearing of the Committee on Appropriations of the
Senate, the Secretary of Defense stated that--
(A) in order to implement the Executive Order of the
President to close the detention facility at Naval Station
Guantanamo Bay, Cuba, ``it is likely that we will need a
facility or facilities in the United States in which to
house'' detainees; and
(B) ``[p]ending the final decision on the disposition of
those detainees, the Department has not contacted state and
local officials about the possibility of transferring
detainees to their locations''.
(2) The Senate specifically recognized the concerns of
local communities in a 2007 resolution, adopted by the Senate
on a 94-3 vote, stating that ``detainees housed at Guantanamo
should not be released into American society, nor should they
be transferred stateside into facilities in American
communities and neighborhoods''.
(3) To date, members of the congressional delegations of
sixteen States have sponsored legislation seeking to prohibit
the transfer to their respective States and congressional
districts, or other locations in the United States, of
detainees at Naval Station Guantanamo Bay
(4) Legislatures and local governments in several States
have adopted measures announcing their opposition to housing
detainees at Naval Station Guantanamo Bay in their respective
States and localities.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of Defense should consult with State and local
government officials before making any decision about where
detainees at Naval Station Guantanamo Bay, Cuba, might be
transferred, housed, or otherwise incarcerated as a result of
the implementation of the Executive Order of the President to
close the detention facilities at Naval Station Guantanamo
Bay.
______
SA 1141. Ms. LANDRIEU (for herself, Mrs. Hutchison, and Mr. Harkin)
submitted an amendment intended to be proposed by her to the bill H.R.
2346, making supplemental appropriations for the fiscal year ending
September 30, 2009, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title XII, add the following:
SEC. 1205. REDEVELOPMENT OF HOMES.
Section 2301(c)(3) of the Housing and Economic Recovery Act
of 2008 (42 U.S.C. 5301 note) is amended--
(1) in subparagraph (C), by adding a semicolon at the end;
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) redevelop properties damaged or destroyed during the
period beginning on January 1, 2004, and ending on December
31, 2008, by a major disaster (as defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)).''.
______
SA 1142. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 2346, making supplemental appropriations for the
fiscal year ending September 30, 2009, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Relief for Rural Veterans in Crisis Program
For an additional amount for making grants under section
1820(g)(6) of the Social Security Act (42 U.S.C. 1395i-
4(g)(6)), $20,000,000 to remain available until expended:
Provided, That the amount of $1,500,000,000 under the heading
``Pandemic Preparedness and Response'' under the heading
``National Security Council'' under the heading ``EXECUTIVE
OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT'' under title V shall be reduced by $20,000,000 and
each of the amounts to be transferred under such heading
``Pandemic Preparedness and Response'' shall be reduced by
its proportional share of the amount of such reduction.
______
SA 1143. Mr. RISCH (for himself, Mr. Cornyn, and Mr. Bond) submitted
an amendment intended to be proposed by him to the bill H.R. 2346,
making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate in title III, insert the following:
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $2,000,000,000, to remain available for
obligation until September 30, 2010: Provided, That the Chief
of the National Guard Bureau and an appropriate official for
each of other reserve components of the Armed Forces each
shall, not later than 30 days after the date of the enactment
of this Act, submit to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the
Committee on Armed Services and the Committee on
Appropriations of the House of Representatives a report on
the modernization priority assessment for the National Guard
and for the other reserve components of the Armed Forces,
respectively: Provided further, That the amount under this
heading is designated as an emergency requirement and as
necessary to meet emergency needs pursuant to sections 403(a)
and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
(rescissions)
(a) In General.--Of the discretionary amounts (other than
the amounts described in subsection (b)) made available by
the American Recovery and Reinvestment Act of 2009 (123 Stat.
115; Public Law 111-5) that are unobligated as the the date
of enactment of this Act, $2,000,000,000 is hereby rescinded.
(b) Exception.--The rescission in subsection (a) shall not
apply to amounts made available by division A of the American
Recovery and Reinvestment Act of 2009 as follows:
(1) Under title III, relating to the Department of Defense.
(2) Under title VI, relating to the Department of Homeland
Security.
(3) Under title X, relating to Military Construction and
Veterans and Related Agencies.
(c) Administration.--Not later than 30 days after the date
of the enactment of this Act, the Director of the Office of
Management and Budget shall--
(1) administer the rescission specified in subsection (a);
and
(2) submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report specifying the account and the
amount of each reduction made pursuant to the rescission in
subsection (a).
______
SA 1144. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr. Burr)
submitted an amendment intended to be proposed by him to the bill H.R.
2346, making supplemental appropriations for the fiscal year ending
September 30, 2009, and for other purposes; which was ordered to lie on
the table; as follows:
On page 7, line 25, strike the period at the end and insert
``and, in order for the Department of Justice to carry out
the responsibilities required by Executive Orders 13491,
13492, and 13493, it is necessary to enact the amendments
made by section 203.
SEC. 203. IMMIGRATION LIMITATIONS FOR GUANTANAMO BAY NAVAL
BASE DETAINEES.
(a) Short Title.--This section may be cited as the
``Protecting America's Communities Act''.
(b) Ineligibility for Admission or Parole.--Section 212 of
the Immigration and Nationality Act (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(3), by adding at the end the
following:
``(G) Guantanamo bay detainees.--An alien who, as of
January 1, 2009, was being detained by the Department of
Defense at Guantanamo Bay Naval Base, is inadmissible.''; and
[[Page 12907]]
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``or (5)(B)''; and
(B) in paragraph (5)(B), by adding at the end the
following: ``The Attorney General may not parole any alien
who, as of January 1, 2009, was being detained by the
Department of Defense at Guantanamo Bay Naval Base.''.
(c) Detention Authority.--Section 241(a) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(8) Guantanamo bay detainees.--
``(A) Certification requirement.--An alien ordered removed
who, as of January 1, 2009, was being detained by the
Department of Defense at Guantanamo Bay Naval Base, shall be
detained for an additional 6 months beyond the removal period
(including any extension under paragraph (1)(C)) if the
Secretary of Homeland Security certifies that--
``(i) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien; and
``(ii) the Secretary is making reasonable efforts to find
alternative means for removing the alien.
``(B) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a certification
under subparagraph (A) without limitation after providing the
alien with an opportunity to--
``(I) request reconsideration of the certification; and
``(II) submit documents or other evidence in support of the
reconsideration request.
``(ii) Delegation.--Notwithstanding section 103, the
Secretary may not delegate the authority to make or renew a
certification under this paragraph to an official below the
level of the Assistant Secretary for Immigration and Customs
Enforcement.
``(C) Ineligibility for bond or parole.--No immigration
judge or official of United States Immigration and Customs
Enforcement may release from detention on bond or parole any
alien described in subparagraph (A).''.
(d) Asylum Ineligibility.--Section 208(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is
amended by adding at the end the following:
``(E) Guantanamo bay detainees.--Paragraph (1) shall not
apply to any alien who, as of January 1, 2009, was being
detained by the Department of Defense at Guantanamo Bay Naval
Base.''.
(e) Mandatory Detention of Aliens From Guantanamo Bay Naval
Base.--Section 236(c)(1) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking the
comma at the end and inserting a semicolon;
(2) in subparagraph (C), by striking ``, or'' and inserting
a semicolon;
(3) in subparagraph (D), by striking the comma at the end
and inserting ``; or''; and
(4) by inserting after subparagraph (D) the following:
``(A) as of January 1, 2009, was being detained by the
Department of Defense at Guantanamo Bay Naval Base.''.
(f) Statement of Authority.--
(1) In general.--Congress reaffirms that--
(A) the United States is in an armed conflict with al
Qaeda, the Taliban, and associated forces; and
(B) the entities referred to in subparagraph (A) continue
to pose a threat to the United States and its citizens, both
domestically and abroad.
(2) Authority.--Congress reaffirms that the President is
authorized to detain enemy combatants in connection with the
continuing armed conflict with al Qaeda, the Taliban, and
associated forces until the termination of such conflict,
regardless of the place at which they are captured.
(3) Rule of construction.--The authority described in this
subsection may not be construed to alter or limit the
authority of the President under the Constitution of the
United States to detain enemy combatants in the continuing
armed conflict with al Qaeda, the Taliban, and associated
forces, or in any other armed conflict.
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on armed services
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Armed Services be authorized to meet during the session of
the Senate on Tuesday, May 19, 2009, at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on commerce, science, and transportation
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Commerce, Science, and Transportation be authorized to
meet during the session of the Senate on Tuesday, May 19, 2009, at 11
a.m., in room 253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on energy and natural resources
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Energy and Natural Resources be authorized to meet during
the session of the Senate to conduct a business meeting on Tuesday, May
19, 2009, at 2:15 p.m., in room SD-366 of the Dirksen Senate Office
Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on environment and public works
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Environment and Public Works be authorized to meet during
the session of the Senate on Tuesday, May 19, 2009, at 10 a.m. in room
406 of the Dirksen Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Foreign Relations be authorized to meet during the session
of the Senate on Tuesday, May 19, 2009, at 10 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Foreign Relations be authorized to meet during the session
of the Senate on Tuesday, May 19, 2009, at 2 p.m., to hold a hearing
entitled ``Pathways to a `Green' Global Economic Recovery.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on health, education, labor, and pensions
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Health, Education, Labor, and Pensions be authorized to
meet during the session of the Senate on Tuesday, May 19, 2009 at 2:30
p.m. in room 430 of the Dirksen Senate office building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on antitrust, competition policy, and consumer rights
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary, Subcommittee on Antitrust, Competition
Policy, and Consumer Rights, be authorized to meet during the session
of the Senate, to conduct a hearing entitled ``The Discount Pricing
Consumer Protection Act: Do We Need to Restore the Ban on Vertical
Price Fixing?'' on Tuesday, May 19, 2009, at 2:30 p.m., in room SD-226
of the Dirksen Senate office building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on administrative oversight and the courts
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary, Subcommittee on Administrative Oversight
and the Courts, be authorized to meet during the session of the Senate,
to conduct a hearing entitled ``Leveling the Playing Field and
Protecting Americans: Holding Foreign Manufacturers Accountable'' on
Tuesday, May 19, 2009, at 10 a.m., in room SD-226 of the Dirksen Senate
office building.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on oversight of government management, the federal
workforce, and the district of columbia
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs' Subcommittee
on Oversight of Government Management, the Federal Workforce, and the
District of Columbia be authorized to meet during the session of the
Senate on Tuesday, May 19, 2009, at 2:30 p.m., to conduct a hearing
entitled, ``Public Health Challenges in Our Nation's Capital.''
The PRESIDING OFFICER. Without objection, it is so ordered.
select committee on intelligence
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the Select
[[Page 12908]]
Committee on Intelligence be authorized to meet during the session of
the Senate on Tuesday, May 19, 2009, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mr. COCHRAN, Mr. President, I ask unanimous consent that Lauren Frese
and Tom Osterhoudt, who are detailees assigned to the Committee on
Appropriations, be granted floor privileges during consideration of the
fiscal year 2009 supplemental appropriations bill.
The PRESIDING OFFICER. Without Objection, it is so ordered.
____________________
EXECUTIVE SESSION
______
EXECUTIVE CALENDAR
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to executive session to consider Calendar Nos. 94, 95, 98, and
152; that the nominations be confirmed en bloc, the motions to
reconsider be laid upon the table, no further motions be in order and
that any statements be printed in the Record; that the President be
immediately notified of the Senate's action and the Senate resume
legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed en bloc are as follows:
department of energy
Kristina M. Johnson, of Maryland, to be Under Secretary of
Energy.
Steven Elliot Koonin, of California, to be Under Secretary
for Science, Department of Energy.
Scott Blake Harris, of Virginia, to be General Counsel of
the Department of Energy.
department of the interior
Larry J. Echo Hawk, of Utah, to be an Assistant Secretary
of the Interior.
Mr. REID. Are we now in a period of morning business?
The PRESIDING OFFICER. The majority leader is correct.
____________________
RONALD REAGAN CENTENNIAL COMMISSION ACT
Mr. REID. I ask unanimous consent that the Senate proceed to H.R.
131.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 131) to establish the Ronald Reagan Centennial
Commission.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. I ask unanimous consent the bill be read a third time,
passed, the motion to reconsider be laid on the table, and that any
statements relating to this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 131) was ordered to be read a third time, was read the
third time, and passed.
____________________
EXPRESSING THE IMPORTANCE OF PUBLIC DIPLOMACY
Mr. REID. I ask unanimous consent that we now proceed to Calendar No.
56, S. Res. 49.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 49) to express the sense of the
Senate regarding the importance of public diplomacy.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. I ask unanimous consent that the resolution be agreed to,
the preamble be agreed to, the motion to reconsider be laid on the
table, and that any statements relating to this resolution be printed
in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 49) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 49
Whereas public diplomacy is the conduct of foreign
relations directly with the average citizen of a country,
rather than with officials of a country's foreign ministry;
Whereas public diplomacy is commonly conducted through
people-to-people exchanges in which experts, authors,
artists, educators, and students interact with their peers in
other countries;
Whereas effective public diplomacy promotes free and
unfiltered access to information about the United States
through books, newspapers, periodicals, and the Internet;
Whereas public diplomacy requires a willingness to discuss
all aspects of society, search for common values, foster a
long-term bilateral relationship based on mutual respect, and
recognize that certain areas of disagreement may remain
unresolved on a short term basis;
Whereas a BBC World Service poll published in February 2009
that involved 13,000 respondents in 21 countries found that
while 40 percent of the respondents had a positive view of
the United States, 43 percent had a negative view of the
United States;
Whereas Freedom House's 2008 Global Press Freedom report
notes that 123 countries (66 percent of the world's countries
and 80 percent of the world's population) have a press that
is classified as ``Not Free'' or ``Partly Free'';
Whereas the Government of the United Kingdom, of France,
and of Germany run stand-alone public diplomacy facilities
throughout the world, which are known as the British Council,
the Alliance Francaise, and the Goethe Institute,
respectively;
Whereas these government-run facilities teach the national
languages of their respective countries, offer libraries,
newspapers, and periodicals, sponsor public lecture and film
series that engage local audiences in dialogues that foster
better understandings between these countries and create an
environment promoting greater trust and openness;
Whereas the United States has historically operated similar
facilities, known as American Centers, which--
(1) offered classes in English, extensive libraries housing
collections of American literature, history, economics,
business, and social studies, and reading rooms offering the
latest American newspapers, periodicals, and academic
journals;
(2) hosted visiting American speakers and scholars on these
topics; and
(3) ran United States film series on topics related to
American values;
Whereas in societies in which freedom of speech, freedom of
the press, or local investment in education were minimal,
American Centers provided vital outposts of information for
citizens throughout the world, giving many of them their only
exposure to uncensored information about the United States;
Whereas this need for uncensored information about the
United States has accelerated as more foreign governments
have restricted Internet access or blocked Web sites viewed
as hostile to their political regimes;
Whereas following the end of the Cold War and the attacks
on United States embassies in Kenya and Tanzania, budgetary
and security pressures resulted in the drastic downsizing or
closure of most of the American Centers;
Whereas beginning in 1999, American Centers began to be
renamed Information Resource Centers and relocated primarily
inside United States embassy compounds;
Whereas of the 177 Information Resource Centers operating
in February 2009, 87, or 49 percent, operate on a ``By
Appointment Only'' basis and 18, or 11 percent, do not permit
any public access;
Whereas Information Resource Centers located outside United
States embassy compounds receive significantly more visitors
than those inside such compounds, including twice the number
of visitors in Africa, 6 times more visitors in the Middle
East, and 22 times more visitors in Asia; and
Whereas Iran has increased the number of similar Iranian
facilities, known as Iranian Cultural Centers, to about 60
throughout the world: Now, therefore, be it
Resolved, That--
(1) the Secretary of State should initiate a reexamination
of the public diplomacy platform strategy of the United
States with a goal of reestablishing publicly accessible
American Centers;
(2) after taking into account relevant security
considerations, the Secretary of State should consider
placing United States public diplomacy facilities at
locations conducive to maximizing their use, consistent with
the authority given to the Secretary under section
606(a)(2)(B) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to
waive certain requirements of that Act.
____________________
70TH ANNIVERSARY OF THE TRAGEDY OF THE M.S. ``ST. LOUIS''
Mr. REID. I ask unanimous consent that the Judiciary Committee be
discharged from consideration of S. Res. 111 and the Senate proceed to
its consideration
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 12909]]
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 111) recognizing June 6, 2009, as the
70th anniversary of the tragic date when the M.S. St. Louis,
a ship carrying Jewish refugees from Nazi Germany, returned
to Europe after its passengers were refused admittance to the
United States.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. KOHL. Mr. President, today the Senate remembers a moment in
history when the United States failed to provide refuge to slightly
more than 900 individuals fleeing religious and racial persecution in
Nazi Germany. S. Res. 111 acknowledges the 70th anniversary of the
date, June 6, 1939, when the M.S. St. Louis, a German ocean liner,
started its return voyage to Europe with nearly all of its original
passengers. Later, over 250 of those individuals would perish in the
Holocaust.
The story starts on May 13, 1939, when the M.S. St. Louis sailed from
Hamburg, Germany, to Havana, Cuba with 937 passengers, mostly Jewish
refugees, searching for freedom and safety. State-supported
antiSemitism including violent pogroms, expulsion from public schools
and services, and arrest and imprisonment solely because of Jewish
heritage forced those passengers to leave their homes.
When the M.S. St. Louis arrived in Havana, the Cuban Government
allowed only 28 passengers to disembark. Corruption and political
maneuvering within the Cuban Government invalidated the transit visas
of the other passengers. Before returning to Europe, the ship sailed
toward Miami hoping for a solution. The ship sailed so close to Florida
that the passengers could see the lights of Miami. One survivor
remembers his father commenting that ``Florida's golden shores, so
near, might as well be 4,000 miles away for all the good it did them.''
The U.S. Immigration and Nationality Act of 1924 strictly limited the
number of immigrants admitted to the United States each year and in
1939 the waiting list for German-Austrian immigration was several years
long. While the press and citizens were largely sympathetic to the
passengers' plight, no extraordinary measures were taken to permit the
refugees to enter the United States. The passengers were told that they
must ``await their turns on the waiting list and qualify for and obtain
immigration visas.''
On June 6, 1939, the M.S. St. Louis sailed back to Europe with nearly
all of its original passengers. The passengers obtained refuge in Great
Britain, the Netherlands, Belgium, and France. World War II started 3
months later and those countries, with the exception of Great Britain,
fell to Nazi occupation. Two hundred and fifty-four of those passengers
died during the Holocaust and many others suffered under Nazi
persecution and in concentration camps.
S. Res. 111 acknowledges the 70th anniversary of the return voyage of
the M.S. St. Louis and honors the memory of those passengers including
the 254 who died during the Holocaust. The St. Louis is only one
tragedy out of millions from that time, but seventy years later, it
still haunts us as a nation and deserves recognition.
Mr. REID. I ask unanimous consent that the resolution be agreed to,
the preamble be agreed to, the motion to reconsider be laid upon the
table, with no intervening action or debate, and any statements
relating to this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 111) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 111
Whereas on May 13, 1939, the ocean liner M.S. St. Louis
departed from Hamburg, Germany for Havana, Cuba with 937
passengers, most of whom were Jewish refugees fleeing Nazi
persecution;
Whereas the Nazi regime in Germany in the 1930s implemented
a program of violent persecution of Jews;
Whereas the Kristallnacht, or Night of Broken Glass, pogrom
of November 9 through 10, 1938, signaled an increase in
violent anti-Semitism;
Whereas after the Cuban Government, on May 27, 1939,
refused entry to all except 28 passengers on board the M.S.
St. Louis, the M.S. St. Louis proceeded to the coast of south
Florida in hopes that the United States would accept the
refugees;
Whereas the United States refused to allow the M.S. St.
Louis to dock and thereby provide a haven for the Jewish
refugees;
Whereas the Immigration Act of 1924 placed strict limits on
immigration;
Whereas a United States Coast Guard cutter patrolled near
the M.S. St. Louis to prevent any passengers from jumping to
freedom;
Whereas following denial of admittance of the passengers to
Cuba, the United States, and Canada, the M.S. St. Louis set
sail on June 6, 1939, for return to Antwerp, Belgium with the
refugees; and
Whereas 254 former passengers of the M.S. St. Louis died
under Nazi rule: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes that June 6, 2009, marks the 70th
anniversary of the tragic date when the M.S. St. Louis
returned to Europe after its passengers were refused
admittance to the United States and other countries in the
Western Hemisphere;
(2) honors the memory of the 937 refugees aboard the M.S.
St. Louis, most of whom were Jews fleeing Nazi oppression,
and 254 of whom subsequently died during the Holocaust;
(3) acknowledges the suffering of those refugees caused by
the refusal of the United States, Cuban, and Canadian
governments to provide them political asylum; and
(4) recognizes the 70th anniversary of the M.S. St. Louis
tragedy as an opportunity for public officials and educators
to raise awareness about an important historical event, the
lessons of which are relevant to current and future
generations.
____________________
HONORING THE ENTREPRENEURIAL SPIRIT OF SMALL BUSINESS
Mr. REID. Mr. President, I now ask unanimous consent that the Senate
proceed to the consideration of S. Res. 154.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 154) honoring the entrepreneurial
spirit of small business concerns in the United States during
National Small Business Week, beginning May 17, 2009.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Mr. President, I ask unanimous consent that the resolution
be agreed to, the preamble be agreed to, the motions to reconsider be
laid upon the table, there be no intervening action or debate, and any
statements relating to this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 154) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 154
Whereas the approximately 27,200,000 small business
concerns in the United States are the driving force behind
the Nation's economy, creating more than 93 percent of all
net new jobs and generating more than 50 percent of the
Nation's non-farm gross domestic product;
Whereas small businesses play an integral role in
rebuilding the Nation's economy;
Whereas Congress has emphasized the importance of small
businesses by improving access to capital through the
American Recovery and Reinvestment Act of 2009;
Whereas small business concerns are the Nation's
innovators, serving to advance technology and productivity;
Whereas small business concerns represent 97 percent of all
exporters and produce 29 percent of exported goods;
Whereas Congress established the Small Business
Administration in 1953 to aid, counsel, assist, and protect
the interests of small business concerns in order to preserve
free and competitive enterprise, to ensure that a fair
proportion of the total purchases, contracts, and
subcontracts for property and services for the Federal
Government are placed with small business concerns, to make
certain that a fair proportion of the total sales of
Government property are made to such small business concerns,
and to maintain and strengthen the overall economy of the
Nation;
Whereas the Small Business Administration has helped small
business concerns with access to critical lending
opportunities, protected small business concerns from
excessive Federal regulatory enforcement, played
[[Page 12910]]
a key role in ensuring full and open competition for
Government contracts, and improved the economic environment
in which small business concerns compete;
Whereas for over 50 years, the Small Business
Administration has helped millions of entrepreneurs achieve
the American dream of owning a small business concern and has
played a key role in fostering economic growth; and
Whereas the President has designated the week beginning May
17, 2009, as ``National Small Business Week'': Now,
therefore, be it
Resolved, That the Senate--
(1) honors the entrepreneurial spirit of small business
concerns in the United States during National Small Business
Week, beginning May 17, 2009;
(2) applauds the efforts and achievements of the owners of
small business concerns and their employees, whose hard work
and commitment to excellence have made them a key part of the
Nation's economic vitality;
(3) recognizes the work of the Small Business
Administration and its resource partners in providing
assistance to entrepreneurs and small business concerns; and
(4) strongly urges the President to take steps to ensure
that--
(A) the applicable procurement goals for small business
concerns, including the goals for small business concerns
owned and controlled by service-disabled veterans, small
business concerns owned and controlled by women, HUBZone
small business concerns, and socially and economically
disadvantaged small business concerns, are reached by all
Federal agencies;
(B) guaranteed loans, microloans, and venture capital, for
start-up and growing small business concerns, are made
available to all qualified small business concerns;
(C) the management assistance programs delivered by
resource partners on behalf of the Small Business
Administration, such as small business development centers,
women's business centers, veterans business outreach centers,
and the Service Corps of Retired Executives, are provided
with the Federal resources necessary to do their jobs;
(D) reforms to the disaster loan program of the Small
Business Administration are implemented as quickly as
possible;
(E) tax policy spurs small business growth, creates jobs,
and increases competitiveness;
(F) the Federal Government reduces the regulatory
compliance burden on small businesses; and
(G) broader health reforms efforts address the specific
needs of small businesses and the self-employed in providing
quality and affordable health insurance coverage to their
employees.
____________________
ORDERS FOR WEDNESDAY, MAY 20, 2009
Mr. REID. Mr. President, I ask unanimous consent that when the Senate
completes its business today, it adjourn until 9:30 a.m. tomorrow, May
20; that following the prayer and pledge, the Journal of proceedings be
approved to date, the morning hour be deemed expired, the time for the
two leaders be reserved for their use later in the day, and the Senate
resume consideration of H.R. 2346, the supplemental appropriations
bill, as provided for under the previous order.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. REID. Mr. President, under the previous order, there will be up
to 2 hours for debate in relation to the Inouye amendment regarding
funding with respect to detainees at the Naval Station in Guantanamo
Bay, Cuba, prior to a vote in relation to the amendment. Senators
should expect the first vote of the day to begin around 11:30 a.m.
tomorrow. Under rule XXII, the filing deadline for first-degree
amendments to H.R. 2346 is 1 p.m. tomorrow.
____________________
ADJOURNMENT UNTIL 9:30 A.M. TOMORROW
Mr. REID. Mr. President, if there is no further business to come
before the Senate, I ask unanimous consent that it stand adjourned
under the previous order.
There being no objection, the Senate, at 7:33 p.m., adjourned until
Wednesday, May 20, 2009, at 9:30 a.m.
____________________
NOMINATIONS
Executive nomination received by the Senate:
DEPARTMENT OF STATE
PHILIP L. VERVEER, OF THE DISTRICT OF COLUMBIA, FOR THE
RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS DEPUTY
ASSISTANT SECRETARY OF STATE FOR INTERNATIONAL COMMUNICATIONS
AND INFORMATION POLICY IN THE BUREAU OF ECONOMIC, ENERGY, AND
BUSINESS AFFAIRS AND U.S. COORDINATOR FOR INTERNATIONAL
COMMUNICATIONS AND INFORMATION POLICY.
____________________
CONFIRMATIONS
Executive nominations confirmed by the Senate, Tuesday, May 19, 2009:
COMMODITY FUTURES TRADING COMMISSION
GARY GENSLER, OF MARYLAND, TO BE A COMMISSIONER OF THE
COMMODITY FUTURES TRADING COMMISSION FOR A TERM EXPIRING
APRIL 13, 2012.
GARY GENSLER, OF MARYLAND, TO BE CHAIRMAN OF THE COMMODITY
FUTURES TRADING COMMISSION.
DEPARTMENT OF ENERGY
KRISTINA M. JOHNSON, OF MARYLAND, TO BE UNDER SECRETARY OF
ENERGY.
STEVEN ELLIOT KOONIN, OF CALIFORNIA, TO BE UNDER SECRETARY
FOR SCIENCE, DEPARTMENT OF ENERGY.
SCOTT BLAKE HARRIS, OF VIRGINIA, TO BE GENERAL COUNSEL OF
THE DEPARTMENT OF ENERGY.
DEPARTMENT OF THE INTERIOR
LARRY J. ECHO HAWK, OF UTAH, TO BE AN ASSISTANT SECRETARY
OF THE INTERIOR.
THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE
NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND
TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.
[[Page 12911]]
EXTENSIONS OF REMARKS
____________________
RECOGNIZING THE MID AMERICA CROPLIFE ASSOCIATION 50TH ANNIVERSARY
______
HON. PETER J. ROSKAM
of illinois
in the house of representatives
Tuesday, May 19, 2009
Mr. ROSKAM. Madam Speaker, I rise today to honor the Mid America
CropLife Association (MACA) on its recent 50th Anniversary. Founded in
1958 by Herbert Woodbury, Porter Wiliams, Robert Yapp, Harold Howard,
Doug Nelson, Wally Smith, and G. E. Zackert, MACA has represented the
agricultural chemical companies of the Midwest whose products help feed
the world.
From humble beginnings MACA has led the industry for 5 decades in
growing membership, developing industry safety guidelines, and
educating our youth on the processes that feed the world.
Madam Speaker, since its creation, MACA has incorporated membership
from basic manufacturers, distributors, formulators, and allied
industry representatives. Having input from such a broad membership,
MACA has been an industry leader in creating guidelines for agriculture
safety and the crop protection industry. MACA's dedication is so
apparent they have developed member guidelines and standards above and
beyond those required by the Environmental Protection Agency and
Department of Transportation.
In addition to their industry development, MACA has reached out to
our local communities by speaking at local elementary schools to
educate children on the process of agriculture from the farm to our
table. In my community MACA participants reached out to the 4th and 5th
grade classes at Central Elementary in Des Plaines. Since the inception
of the MACA's CropLife Ambassador Network, over 25,000 students have
been provided scientifically based information regarding the safety and
value of American agricultural food production.
From its modest start to its present day roster of members on the
Fortune 500, MACA has been a voice for agriculture and the agricultural
chemical professionals who serve those who feed the world. I
congratulate MACA on this achievement and wish them another successful
fifty years.
____________________
CONGRATULATING HERMAN K. WILLIAMS
______
HON. KENDRICK B. MEEK
of florida
in the house of representatives
Tuesday, May 19, 2009.
Mr. MEEK of Florida. Madam Speaker, I am pleased to recognize and
extend my congratulations to Mr. Herman K. Williams on the occasion of
his retirement from The Family Christian Association of America, Inc
(FCAA) as the Founder and President/CEO. Mr. Williams can look back on
a proud career of service and distinction in community leadership.
A native of Arcadia, Florida, Mr. Williams moved to South Florida at
an early age. He graduated from Miami Northwestern Senior High School
in 1961. A talented athlete and scholar, Mr. Williams received
scholarships in both athletics and academics. During his early college
years, he was drafted by the Army, but opted for the United States Air
Force, where he served a tour of duty in Europe. While in military
service, he was involved in recreational and sporting activities, often
spearheading leagues. Mr. Williams attended South Carolina State
University and Florida Memorial College, where he obtained a Bachelor's
Degree in physical education. He also attended Nova Southeastern
University, where he studied public administration.
In 1970, Mr. Williams began working with the YMCA of Greater Miami as
the Executive Director of the G.W. Carver Branch, and later became the
Senior Vice President for Operations. Following his vision of helping
youths and their families, he founded The Family Christian Association
of America, Inc. (FCAA) in February 1984 where he served as the
President/CEO. Under his leadership, FCAA provides a variety of
services and programs that serve youth and families in Miami-Dade,
Broward, Brevard, Alachua, and Highlands Counties. Some of the programs
include Head Start and Early Head Start Child Development, after school
care, youth development, sports, and the Black Achievers of Excellence
program.
Mr. Williams founded the Florida Consortium of Black Faith Based
Organizations, Inc. (FCOBFBO), which is a statewide organization that
supports and enhances the efforts of its members to affect economic
social and policy changes in their communities, in 1999. He served as
the Chairman/CEO.
In an effort to complement his professional achievements, Mr.
Williams is involved with various organizations such as past Board
Chairman of the Florida Industries Credit Union, member of Zeta Royal
Center Advisory Board, Society of Human Resource Management, National
Society of Fundraising Executives, American Compensation Association,
and Miami-Dade United Way Agency Resource Management Committee. This
public servant is married to Mrs. Mary E. Williams.
Mr. Herman K. Williams is an outstanding American worthy of our
collective honor and appreciation. It is with deep respect and
admiration that I commend Mr. Williams for over 25 years of dedicated
services to the community, and wish him and his family the very best in
retirement. Now, in retirement, he embarks upon new challenges in life
and I am certain his legacy of greatness will only grow and develop as
he enters this new phase of life.
____________________
RECOGNIZING THE INPATIENT REHABCARE TEAM AT THE VIRGINIA REGIONAL
MEDICAL CENTER
______
HON. JAMES L. OBERSTAR
of minnesota
in the house of representatives
Tuesday, May 19, 2009
Mr. OBERSTAR. Madam Speaker, I rise today to commend the Inpatient
RehabCare team at the Virginia Regional Medical Center for their safety
education and outreach to Minnesota's youth. In addition to their
outstanding work at the Medical Center, the RehabCare team educates
elementary school students throughout Virginia of the tremendous health
risks associated with riding a bicycle without a helmet.
They recognize the importance of educating our youth during their
formative years--at the age when they are most receptive--of the
possible life-altering brain injuries that could result from not
wearing a helmet while riding a bicycle.
In particular, Madam Speaker, I wish to laud the Inpatient RehabCare
team in their most recent outreach to fourth grade students at
Roosevelt Elementary School in Virginia.
Each fourth grade class participated in a safety awareness session
where they learned about the lasting consequences of brain injuries and
the importance of wearing bicycle helmets.
Students received real-life simulations of what their lives would be
like with such brain injuries, demonstrating the difficulty of everyday
tasks and making a lasting impression on the students on the importance
of taking safety precautions when riding a bicycle.
Such hands-on scenarios--combined with the team's helmet safety
information and their direct experience with assisting patients who
have suffered brain trauma--provided these elementary students with
invaluable life lessons in bicycle safety and the severity of brain
injuries.
It is vital that we teach our children about the many benefits of
active and healthy transportation and recreation through cycling; and
safety education must go hand-in-hand with these lessons.
The RehabCare team's effective outreach to children is noteworthy and
ought to be replicated throughout the nation. Their work--and the work
of similar groups in the United States--is deserving of our recognition
and continued support.
I thank the Virginia Medical Center's Inpatient RehabCare team for
their inspiring leadership and dedicated work to instill in our
children a lifetime of bicycle safety habits.
[[Page 12912]]
____________________
HONORING DONALD GUIMOND
______
HON. MICHAEL H. MICHAUD
of maine
in the house of representatives
Tuesday, May 19, 2009
Mr. MICHAUD. Madam Speaker, I rise today to recognize the
accomplishments of Donald Guimond, Town Manager of Fort Kent, Maine.
On May 1, 2008, the town of Fort Kent suffered from severe flooding
that impacted businesses, apartments, homes and elderly housing. Mr.
Guimond oversaw an orderly evacuation and quick response by emergency
teams. Despite working without sleep for more than thirty six hours,
Mr. Guimond always knew which residents and businesses had been
impacted, where individuals sought shelter, and what further assistance
was necessary. His well-coordinated reaction prevented serious injury
and the loss of life.
Mr. Guimond continued to show his dedication to the residents of Fort
Kent long after the flood waters receded. Through his efforts, the town
provided the space necessary for disaster assistance teams from the
Federal Emergency Management Agency, the Small Business Administration
and other entities. He and his staff coordinated an effort to provide
emergency heaters to residents whose furnaces were damaged by the
disaster. He played an active role in the town's Long-term Recovery
Committee, making sure that residents and business owners applied for
the assistance that they needed and that the town is ready to respond
to ongoing issues which have arisen from the flood. The Small Business
Administration has recognized Mr. Guimond's significant contributions
by presenting him the Phoenix Award for Disaster Recovery as a Public
Official.
Madam Speaker, please join me in recognizing Mr. Guimond's dedication
to the residents of Fort Kent, Maine.
____________________
PERSONAL EXPLANATION
______
HON. SAM GRAVES
of missouri
in the house of representatives
Tuesday, May 19, 2009
Mr. GRAVES. Madam Speaker, I would like to state for the record my
position on the following votes I missed due to personal reasons.
On Monday May 19, 2009 I missed rollcall votes 267, 268, and 269. Had
I been present, I would have voted ``yea'' on those rollcall votes.
____________________
128TH ANNIVERSARY OF THE BIRTH OF KEMAL ATATURK FOUNDER OF MODERN
TURKEY
______
HON. VIRGINIA FOXX
of north carolina
in the house of representatives
Tuesday, May 19, 2009
Ms. FOXX. Madam Speaker, I rise today, May 19, to commemorate the
128th anniversary of the birth of Mustafa Kemal Ataturk, the founder of
modern Turkey. Ataturk was a unique and inspirational figure who laid
the foundation for the Republic of Turkey. He was a post World War I
revolutionary leader who understood that Islam and modernity are not
inconsistent--an important factor to reinforce today with democratic
leaders throughout the Muslim world.
By any measure, Ataturk was an historic reformer. In the space of two
decades, he built the nation of Turkey from the ashes of the Ottoman
Empire--a nation that was based on secular principles and with a
foundation that was fertile for democracy to take root and prosper. He
held true to his fundamental vision for his overwhelmingly Muslim
nation, namely that it be guided by two overarching concepts:
secularism and progress. Just as is the case today, he understood that
advances in science and technology would enhance the nation and the
Turkish people.
To enable Turkey to reap the benefits of such advances, he set about
enacting major reforms in all aspects of Turkish life--political,
cultural, legal, educational, and economic all with an eye toward
creating the architecture of the new Turkish nation that would raise it
to the level of what Ataturk referred to as ``contemporary
civilization.'' These reforms touched on all aspects of Turkish society
from abolishing the caliphate, recognizing equal rights for men and
women, replacing the Arabic alphabet with Latin letters, and
instituting secular law to reforming traditional styles of dress and
mandating surnames.
Ataturk was an impatient reformer. His handling of the reform of the
alphabet is one example of his impatience. The language commission he
appointed to review the reform recommended that the alphabet reforms be
phased in over a fifteen year period. Ataturk had a much different
timeframe in mind. He set about traveling throughout the country,
personally instructing crowds in the new alphabet, and within six
months he had accomplished his goal. With the acceptance of the Latin
alphabet, millions of Turks would be poised to turn westward for their
second languages and the learning to which those languages are the key.
Ataturk championed women's rights, encouraging them to pursue careers
as doctors, lawyers, scientists, writers and politicians. He did so
because he wisely understood that by doing so he was unleashing the
talents of all Turks and thereby making the nation stronger. Because of
his vision and determination, Turkey is today a strong and vibrant
democracy and a model for others in the Islamic world to emulate.
Madam Speaker, it is my hope that Muslim leaders throughout the
region will reacquaint themselves with Ataturk's revolutionary
leadership and take inspiration in the courageous reforms he undertook
more than seventy years ago so that they too can preside over nations
that are secular, democratic and prosperous.
____________________
PERSONAL EXPLANATION
______
HON. J. GRESHAM BARRET
of south carolina
in the house of representatives
Tuesday, May 19, 2009
Mr. BARRETT of South Carolina. Madam Speaker, unfortunately I missed
recorded votes on the House floor on Monday, May 18, 2009.
Had I been present, I would have voted ``aye'' on Rollcall vote 267
(Motion to suspend the rules and Agree to H. Res. 300), ``nay'' on
Rollcall vote 268 (Motion to Suspend the Rules and Agree to S. 386),
``aye'' on Rollcall vote 269 (Motion to Suspend the Rules and Agree to
H. Res. 442).
____________________
HONORING ANDREA MACKENZIE
______
HON. LYNN C. WOOLSEY
of california
in the house of representatives
Tuesday, May 19, 2009
Ms. WOOLSEY. Madam Speaker, I, along with my colleague Congressman
Mike Thompson, rise today to honor a dedicated and beloved advocate for
preserving both agriculture and the environment of Sonoma County,
California. Andrea Mackenzie is leaving the Sonoma County Agricultural
Preservation and Open Space District, and we celebrate her 12
productive years, especially the last eight years as General Manager.
Andrea was born in upstate New York and grew up in Los Angeles. She
earned a Bachelor's Degree in Environmental Studies from the University
of California at Santa Barbara and a Master's Degree in Urban Planning
and Natural Resources from the University of California at Los Angeles.
With her love of both the coast and the rugged mountains of the High
Sierra, it is no surprise that Andrea worked for over 25 years in land
use and conservation-related positions, including the East Bay and San
Francisco where she began to develop a focus on collaborative public/
private projects and regional approaches. She also loves walkable
communities, old barns, hiking and kayaking, country rock, and nature
writers.
Andrea first served the Sonoma County Agricultural Preservation and
Open Space District as project manager for the strategic conservation
plan update, creating documents that have become models for other
public land conservation agencies. In 2000, she was appointed General
Manager by the Board of Supervisors.
The mission of the District is to ``permanently protect the diverse
agricultural, natural resource and scenic open space lands of Sonoma
County for future generations.'' Funded by a quarter cent sales tax, it
is the only such district in the state of California and is
overwhelmingly supported by Sonoma County's residents.
Andrea helped direct the 2006 campaign to renew the sales tax, which
passed overwhelmingly. Voters value the organization's mission and its
programs including: matching grants to partner with local cities and
agencies for land
[[Page 12913]]
acquisition, preservation and enhancement; stewardship in managing
these lands and various easements to protect them, as well as to allow
for public access; land leases to local growers; and public and
educational outings, including a focus on underserved populations.
Andrea has played a key role in developing these programs as well as
increasing the amount of open space from 25,000 acres to 75,000 acres
(including 33,000 acres of farmland).
In 2007, in testament to Andrea's management, the District was
selected for the National Leadership in Conservation Award from the
National Association of Counties (NACo) and the Trust for Public Land
in Washington, D.C. She was also one of 36 Fellows selected to
participate in the National Conservation Leadership Institute program,
is a member of the Executive Committee and future President of the Bay
Area Open Space Council and served on the both the Urban Rural
Roundtable (formed by San Francisco Mayor Gavin Newsom to create a Bay
Area Regional Food System) and on the Statewide Watershed Advisory
Committee.
Madam Speaker, Andrea Mackenzie's combination of visionary and
practical leadership has ma e the Sonoma County Agricultural
Preservation and Open Space District a vital player in our community.
Sonoma County could have gone the way of other growing counties in
California with sprawl from end to end. Instead, it remains blessed
with green open space, productive agriculture, and many unique and
intact ecosystems. We thank her for her great contributions to our
children's natural inheritance and wish her luck in her new position
where she will be continuing her good work closer to her family.
____________________
``HOW TO AVOID A BAD DOUBLE DIP''
______
HON. BARNEY FRANK
of massachusetts
in the house of representatives
Tuesday, May 19, 2009
Mr. FRANK of Massachusetts. Madam Speaker, Alan Blinder is a man of
great intelligence, excellent judgment, and considerable experience in
both making and analyzing national economic policy. In this article
from last Sunday's New York Times, he draws on all of these qualities
to give us some excellent advice. I can think of no more relevant
subject for my colleagues to contemplate as we deal with important
economic choices.
[From the New York Times, May 17, 2009]
It's No Time to Stop This Train
(By Alan S. Blinder)
Contrary to what you may have heard from some doomsayers,
2009 is not 1930 redux. What we must guard against, instead,
is 2010 or 2011 becoming another 1936.
Realistically, there is little danger that the economy is
heading toward a repeat performance of the Great Depression--
when real gross domestic product in the United States
declined 27 percent and unemployment soared to 25 percent.
What we have is bad enough: our worst recession since the
1930s. But unless our leaders behave unbelievably foolishly,
we will not repeat the tragic slide into the abyss of 1930 to
1933--for two main reasons.
First, our economy has many built-in safeguards that did
not exist back then--like unemployment insurance, Social
Security and federal deposit insurance, to name just three.
These programs serve as safety nets that cushion the fall.
And while they are certainly not strong enough to prevent
recessions, they should be enough to prevent another
depression.
The more important reason is that Barack Obama, Timothy F.
Geithner and Ben S. Bernanke are not Herbert Hoover, Andrew
Mellon and Eugene Meyer. (Who's that? Mr. Meyer was the
Federal Reserve chairman from September 1930 to May 1933.) In
stark contrast to the laissez-faire crowd that ruled the
roost in 1930 and 1931, our current economic leaders are not
waiting for the sagging economy to right itself. Rather, they
have taken numerous extraordinary steps already--and stand
ready to do more if necessary.
That's the good news. But even if another depression is
next to impossible, there is still the danger that next year,
or the year after, might turn into 1936. Let me explain.
From its bottom in 1933 to 1936, the G.D.P. climbed
spectacularly (albeit from a very low base), averaging gains
of almost 11 percent a year. But then, both the Fed and the
administration of Franklin D. Roosevelt reversed course.
In the summer of 1936, the Fed looked at the large volume
of excess reserves piled up in the banking system, concluded
that this mountain of liquidity could be fodder for future
inflation, and began to withdraw it. This tightening of
monetary policy continued into 1937, in a weak economy that
was ill-prepared for it.
About the same time, President Roosevelt looked at what
seemed to be enormous federal budget deficits, concluded that
it was time to put the nation's fiscal house in order and
started raising taxes and reducing spending. This tightening
of fiscal policy transformed the federal budget from a
deficit of 3.8 percent of G.D.P. in 1936 to a surplus of 0.2
percent of G.D.P. in 1937--a swing of four percentage points
in a single year. (Today, a swing that large would be almost
$600 billion.)
Thus, both monetary and fiscal policies did an abrupt
about-face in 1936 and 1937, and the consequences were as
predictable as they were tragic. The United States economy,
which had been rapidly climbing out of the cellar from 1933
to 1936, was kicked rudely down the stairs again, and America
experienced the so-called recession within the depression.
Real G.D.P. contracted 3.4 percent from 1937 to 1938; the
total G.D.P. decline during the recession, which lasted from
mid-1937 to mid-1938, was even larger.
The moral of the story should be clear: Prematurely
changing fiscal and monetary policies--from stepping hard on
the accelerator to slamming on the brake--can be hazardous to
the economy's health.
Wow, we've learned a lot since the '30s, right? Well, maybe
not. For the echoes of 1936 are being heard right now, even
before the current recession hits bottom.
If you've been paying attention, you know that a number of
critics of the Fed are sounding alarms over the huge
stockpile of excess reserves it has created--more than $775
billion at last count. What these critics are fretting about
now is exactly what goaded the Fed into action in 1936: that
the vast pool of loose money will ultimately be inflationary.
The clear inference is that some of it should be withdrawn
before it's too late.
On the fiscal side, many of President Obama's critics are
complaining vociferously about the huge federal budget
deficits. Try to ignore, if you can, the sheer hypocrisy of
many Congressional Republicans who, having never uttered a
peep about the huge deficits under George W. Bush, are
suddenly models of budget probity. But whatever the motives,
the worries of today's deficit hawks sound eerily reminiscent
of Roosevelt in 1936 and 1937.
Fortunately, Mr. Bernanke is a keen student of the Great
Depression who will not allow the Fed to repeat the errors of
1936-37. But his critics, both inside and outside the Fed,
are already branding his policies as dangerously
inflationary, and no Fed chairman wants to be called an
inflationist.
Similarly, I hope and believe that President Obama will not
transform himself from the spendthrift Roosevelt of 1933 to
the deficit-hawk Roosevelt of 1936--at least not until the
economy is back on solid ground. That said, a growing flock
of budget hawks are already showing their talons. They will
have their day--but please, not yet.
To avoid a replay of the policy disasters of 1936-37, both
the Fed and our elected officials must stay the course. Mark
Twain once explained that, while history does not repeat
itself, it often rhymes. We don't want any rhymes just now.
____________________
TAIWAN PRESIDENT MA YING-JEOU'S FIRST ANNIVERSARY OF HIS INAUGURATION
______
HON. ALCEE L. HASTINGS
of florida
in the house of representatives
Tuesday, May 19, 2009
Mr. HASTINGS of Florida. Madam Speaker, Taiwan's President Ma Ying-
jeou will mark his first year anniversary in office on May 20, 2009.
Under President Ma's leadership, Taiwan has become an observer at the
World Health Assembly (WHA) in Geneva, Switzerland. By enabling Taiwan
to participate in this part of the World Health Organization (WHO), the
health of 23 million Taiwanese people can benefit from what will be
learned at the WHA. Historically, China has blocked Taiwan's access to
this very important forum, and through President Ma's effective
diplomacy, Taiwan has ended a 38 year absence from the WHA.
Madam Speaker, President Ma has also taken great strides in improving
Taiwan's relationship with China. Taiwan and China now have direct
flights back and forth to each country. This was unheard of before
President Ma took office and travelers were previously required to make
an inconvenient stop at another airport and switch planes before these
direct flights were available.
Furthermore, China has given Taiwan two of its prized Pandas. Pandas
are extremely rare and very important to the Chinese culture, and the
amicable trade between the two countries is a positive indication for
building a cordial relationship between the two nations. These and
other efforts by President Ma are helping the two neighbors enter a
time of peace, security and stability.
Madam Speaker, the United States and Taiwan continue to share a
strong bilateral relationship. As a member of the Congressional
[[Page 12914]]
Taiwan Caucus, I congratulate President Ma on a very successful first
year in office and look forward to continuing to work in making sure
that our relations are preserved and strengthened.
____________________
COMMENDING AMY ISAACS, NATIONAL DIRECTOR OF AMERICANS FOR DEMOCRATIC
ACTION
______
HON. JIM McDERMOTT
of washington
in the house of representatives
Tuesday, May 19, 2009
Mr. McDERMOTT. Madam Speaker, I rise to commend Amy Isaacs, National
Director of Americans for Democratic Action, on the occasion of her
retirement.
For 20 years Amy has led ADA, the nation's most experienced
organization dedicated to liberal policies, liberal politics and a
liberal future. ADA was founded by Eleanor Roosevelt, John Kenneth
Galbraith, Walter Reuther, Arthur Schlesinger, and Reinhold Niebuhr
shortly after FDR died. Its goal then was to keep the New Deal dream--
its vision and its values of an America that works fairly for all--
alive for generations to come.
Under Amy's leadership, ADA has never forgotten its long history and
never wavered from those core liberal values. She began her career at
ADA as an intern in 1969 and has moved through the ranks serving as
Director of Organization, Executive Assistant to the Director and
Deputy National Director, before becoming National Director in 1989.
Amy brought to ADA a strong sense that protecting and enhancing the
rights of working men and women was a critical ingredient in
maintaining a healthy democratic society. Allying ADA with the labor
movement's efforts to improve wages and working conditions for
America's workers became a key part of ADA's mission under Amy's
direction. She recognized that the efforts to increase the federal
minimum wage needed non-labor allies. And she enthusiastically threw
ADA into the forefront of that fight, by directing the formation of the
Coalition for a Fair Minimum Wage which brought together progressive
groups of all stripes: religious, economic, social, youth, labor,
business and others. Amy's belief that a strong labor movement united
with strong allied organizations not only led to an increase in the
minimum wage in 2007 but to countless other victories for working men
and women.
Amy's work did not stop with the fight to end income inequality. Her
career is defined by her commitment to erase the evils of
discrimination so that everyone can be truly free to pursue their
dreams. Not only is she a trailblazer in her own right, but she worked
tirelessly as an advocate for all women. From fair pay to reproductive
choice, from education to the workplace, Amy never tolerated an
injustice against women or any other group striving for equal
treatment.
It is a rare thing to find someone willing to devote their life to
advancing the causes in which they believe. I commend Amy for her
dedication and service and wish her all the best as she starts the next
chapter of her life.
Amy once said to me, ``I've walked with giants'' when I asked for her
thoughts about the extraordinary people associated with ADA's history.
I say today, she is one of them.
____________________
A TRIBUTE TO ALFREDA DUMOND
______
HON. MICHAEL H. MICHAUD
of maine
in the house of representatives
Tuesday, May 19, 2009
Mr. MICHAUD. Madam Speaker, it is my honor to congratulate Alfreda
Dumond of Fort Kent, Maine, who has been named ``Mother of the Year''
by the Ladies of St. Anne. Mrs. Dumond is well known for her strong
commitment and dedication to her church and to her family.
Alfreda Dumond's sole occupation is being a housewife and a mother.
She was married for over 44 years, and raised five girls and two boys.
A devoted mother who centered her life on her family, she raised her
children with strong values and morals, and believed in being an
example for them to follow.
Alfreda devoted her life to making her home a place where her
children, grandchildren and great grandchildren love to visit. Her
daughter, Linda, mentions that her house is her castle, so carefully
maintained that guests would often remark that ``the house is so clean
that we can actually eat off the floor.'' And what a wonderful cook she
is--known for her molasses cookies, her old fashioned spaghetti, her
homemade rice soup, her boiled dinners and her ployes.
Alfreda has always been an active member of her church, and
throughout her life volunteered her time in service to the local
clergy. For over 20 years, she has served as a Eucharistic Minister who
visits the homes of shut-ins to deliver communion. This devotion to her
church and to its congregation has earned her this important
recognition--a woman who is committed to strengthening the moral and
spiritual foundations of her family, her home, and her community.
Women like Alfreda Dumond give strength and joy to all of our lives,
and I ask my colleagues to join me in recognizing her for receiving
this honor.
I wish Alfreda and her family all the best, and congratulate her on
this well-deserved award.
____________________
FRAUD ENFORCEMENT AND RECOVERY ACT
______
HON. CHRIS VAN HOLLEN
of maryland
in the house of representatives
Tuesday, May 19, 2009
Mr. VAN HOLLEN. Madam Speaker, I rise to support the Fraud
Enforcement and Recovery Act of 2009. This bill will allow us to better
understand what caused the economic collapse and provide the resources
necessary to help prevent future economic crises. I applaud Congressman
John Larson's hard work on this critical legislation.
This legislation cracks down on mortgage and corporate fraud, which
have reached historic rates. FBI mortgage fraud investigations have
more than doubled in the last three years, and massive new corporate
fraud schemes continue to be uncovered. Congress and the President are
committed to protecting the American consumer and getting our economy
back on track, and fighting these abuses is an integral part of this
effort.
It will also establish the Financial Crisis Inquiry Commission, which
will examine the causes and factors that led to the worst financial
crisis since the Great Depression. The Commission's recommendations
will help inform Congress as we move forward with common sense reforms
to prevent these crises from happening in the future.
The Fraud Enforcement and Recovery Act of 2009 includes a clear
commitment to fighting waste, fraud and abuse--a commitment that has
become a hallmark of this Congress. We are working with the President
every day to rebuild our economy in a way that is consistent with our
values of hard work, responsibility and broadly shared prosperity. I
urge my colleagues to join me to continue this work.
____________________
TRIBUTE TO THE CALIFORNIA SCHOOL FOR THE DEAF
______
HON. FORTNEY PETE STARK
of california
in the house of representatives
Tuesday, May 19, 2009
Mr. STARK. Madam Speaker, I rise today to pay tribute to the 150th
anniversary of the California School for the Deaf (CSD), located in
Fremont, CA. CSD was founded in 1860 and was the first special
education program established in California. Started in San Francisco,
the first class had only three students. In 1869, the school moved to a
new campus in Berkeley, with approximately 50 students. A vocational
component was added to the curriculum in 1871.
By 1915, the school's enrollment had grown to 215 students and the
campus was enlarged for the second time. In 1930, a 32-year building
program was initiated to restore and again expand the Berkeley campus.
In 1934, a teacher-training program was established on the Berkeley
campus in conjunction with San Francisco State College, as
Superintendent Elwood Stevenson believed that only teachers with
special training should be credentialed to teach deaf and hard of
hearing children. Dr. Stevenson also emphasized that since language is
the core of the deaf child's education, teaching of written language
would begin in the child's first year of schooling.
In 1969, the Computer-Assisted Instruction program began as a result
of an invitation by Stanford University to participate in a nation-wide
project. This same year, the first academic mainstreaming program began
with five California School for the Deaf students taking world history
and geometry at Albany High School.
In 1970, CSD officially adopted the philosophy of total communication
and an Instructional Television class was taught for the first time.
CSD was given accreditation for its secondary program by the Western
Association of Secondary Schools and Colleges, and was granted
accreditation for both the elementary
[[Page 12915]]
and secondary programs by the Convention of Educational Administrators
Serving the Deaf (CEASD).
Dr. Henry Klopping was appointed Superintendent of CSD in 1975 and a
Special Unit program was established that year for deaf multi-
handicapped students. In 1976, Dr. Klopping formed the Student Advisory
Council and later the Community Advisory Council in 1978. Enrollment at
the school rose to 518 when the annual new student/parent orientation
program was established.
On June 1, 1977 groundbreaking ceremonies launched the new 96-acre
site for what would become the California School for the Deaf and the
California School for the Blind in Fremont, CA. The school was
officially opened on May 25, 1980. CSD's most recent history is filled
with cultural and educational advances and student opportunities.
The current population at the California School for the Deaf numbers
at 496, and a parent education program has been firmly established to
provide support, information, and education for parents of deaf
students. The Volunteer Program has grown to 175 individuals who
contribute immeasurable time and valuable skills in all facets of CSD
students' education and campus life.
I join the community in congratulating CSD for 150 years of exemplary
service to deaf students and their families. The California School for
the Deaf is a valuable resource beyond measure.
____________________
CELEBRATING ONE-YEAR ANNIVERSARY OF SWEARING IN OF PRESIDENT MA YING-
JEOU
______
HON. MARIO DIAZ-BALART
of florida
in the house of representatives
Tuesday, May 19, 2009
Mr. MARIO DIAZ-BALART of Florida. Madam Speaker, this week, on May
20, 2009, the Republic of China on Taiwan will celebrate the one year
anniversary of the swearing in of President Ma Ying-jeou. On a recent
trip to Taipei, I had the privilege of meeting President Ma. His
inauguration marked the second successful and peaceful transfer of
power from one political party to another. This is an example of
Taiwan's steadfast progress toward full democratization in just the
last few decades.
After implementing democratic and economic reforms the Republic of
China on Taiwan has become a true model of success throughout Asia.
Through the hard work and entrepreneurship of the Taiwanese people,
Taiwan has become one of the strongest economies in the Pacific Rim and
a showcase democracy in the world.
I was proud to cosponsor H. Con. Res. 55, which recognizes the 30th
anniversary of the Taiwan Relations Act, TRA--landmark legislation that
forms the foundation of the relationship between the United States and
the Republic of China on Taiwan. The House of Representatives'
unanimous support for the resolution on March 24, 2009 reaffirms
Congress' unwavering commitment of the TRA as the cornerstone of
relations between the United States and Taiwan, reiterates its support
for Taiwan's democratic institutions and supports the continuation of
the strong and deepening relationship between the United States and
Taiwan.
I urge all my colleagues to join me in recognizing this important
occasion. We are proud of its political and economic transformation,
and wish Taiwan continued success and prosperity.
____________________
RECOGNIZING THE PENNDEL-MIDDLETOWN EMERGENCY SQUAD
______
HON. PATRICK J. MURPHY
of pennsylvania
in the house of representatives
Tuesday, May 19, 2009
Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to
honor the Penndel-Middletown Emergency Squad for 50 years of
distinguished service to Middletown Township and its adjoining
boroughs. Since their inception as a non-profit emergency ambulance
service in 1959, they have selflessly served tens of thousands of
residents in Bucks County, Pennsylvania.
Penndel-Middletown Emergency Squad has come quite a long way since
its incorporation. Their first ambulance was a used 1947 Cadillac-
Superior Coach, and now their purpose is to provide the best and most
modern emergency care and transportation that can be made available.
The Penndel-Middletown Emergency Squad also offers education and
training to the community for first aid and emergency care.
Madam Speaker, I ask that you join me in recognizing the Penndel-
Middletown Emergency Squad for their 50 years of service to Middletown
Township and the neighboring boroughs of Hulmeville, Langhorne,
Langhorne Manor and Penndel, an area of more than 25 square miles. I am
honored to serve as their Congressman.
____________________
SALUTING HARLEM'S OWN CROWN JEWELS--LILLIAN ``DIAMOND LIL'' PIERCE
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Tuesday, May 19, 2009
Mr. RANGEL. Madam Speaker, I rise today to salute and congratulate my
dear friend, Lillian ``Diamond Lil'' Pierce as an ensemble of Harlem
Legendary entertainers gathers to perform a special tribute at the
famous Alhambra Ballroom on Adam Clayton Powell, Jr. Boulevard.
Affectionately known in Harlem as ``Diamond Lil,'' she was born in
Cameron, North Carolina, and graduated from Pinckney High School in
Carthage, North Carolina. Lil came to New York in 1958 and enrolled at
City College. She later worked at the New York State Department of
Motor Vehicles followed by a brief stint at a bar on Broadway, which
proved to be a solid stepping stone to her becoming a co-owner of
Carl's Off the Corner in West Harlem. But it was ``Diamond Lil's'' 21-
year tenure at Showman's Cafe where she established her reputation and
earned the appreciation of countless customers and musicians.
During her many years as a barmaid at Showman's, Lil heard and
entertained a veritable Hall of Fame of Jazz and popular musicians, and
Showman's Elite personalities. Showman's, originally located next to
the World Famous Apollo Theatre over the years has been the home club
of choice and hangout for many of Harlem's renowned entrepreneurs and
personalities. Since 1942, Showman's Jazz Cafe has showcased top
musicians for Harlem and International audiences, as Mona, Co-owner and
retired Son of Sam New York City Police Detective Al Howard, and our
Crown Jewel ``Diamond Lil'' refers to as ``family.''
Madam Speaker, the Friends of Showman's roster include luminaries and
entertainers like Count Basie, Billy Eckstine, Sammy Davis, Jr.,
Charles Honi Coles, Leroy Myers, Gregory Hines, Pop Brown, Nat Davis
and Savion Glover. Personalities like Jesse Walker, Joe Yancy and Jimmy
Booker. Performers like Bill Doggett, George Benson, Seleno Clarke,
Irene Reid, Jimmy ``Preacher'' Robins, Gloria Lynne, Joey Morant, Akiko
Tsuruga, Grady Tate, Frank Dell, Bill Saxton, Annette St. John, Wolf
Johnson, Pat Tandy and the Prince of Harlem Lonnie Youngblood. Among
the elected officials who graced her bar and thrilled to her service
were Governor David Paterson, Assembly Members Denny Farrell and Keith
Wright, State Senator Bill Perkins, Councilmember Inez Dickens, former
Borough President C. Virginia Fields, my brother and former Mayor,
David N. Dinkins, and me.
Yes, diamonds are forever and so is our extraordinarily precious
Lillian ``Diamond Lil'' Pierce.
____________________
NATIONAL WOMEN'S HEALTH MONTH
______
HON. JAMES P. MORAN
of virginia
in the house of representatives
Tuesday, May 19, 2009
Mr. MORAN of Virginia. Madam Speaker, I rise today in recognition of
May as National Women's Health Month. This designation encourages women
to make their own health a top priority by obtaining regular medical
checkups and preventive screenings.
As we urge women to prioritize their own health care, we must also
call attention to the disproportionate impact the health care crisis is
having on women, particularly women of childbearing age.
In fact, earlier this month the Department of Health and Human
Services released a new report, titled Roadblocks to Health Care: Why
the Current Health Care System Does Not Work for Women which states
that women, especially those of reproductive age, are more vulnerable
to high health care costs because they require more regular contact
with health care providers, including yearly Pap tests, mammograms, and
obstetric and gynecological care.
While the study sheds much needed light on the impact of the nation's
health care crisis on women, its findings are not surprising.
[[Page 12916]]
Last year, I had the opportunity to visit a women's health clinic run
by Planned Parenthood and saw first hand patients seeking the
affordable, accessible, high-quality preventive reproductive health
care.
At Planned Parenthood clinics, health professionals provide over
950,000 cervical cancer screenings and breast exams to more than
850,000 women. Sexually transmitted disease testing and treatment are
performed and made available to both women and men. In fact, 97 percent
of the services provided at these clinics are preventative.
In Virginia alone these clinics provide basic health care, including
lifesaving cancer screenings, to over 28,500 patients a year. But these
clinics are only meeting a fraction of the need in my state. There are
846,100 women in need of contraceptive services and supplies. Of these,
371,640 women need publicly supported contraceptive services because
they have incomes below 250 percent of the federal poverty level
(251,710) or are sexually active teenagers (119,930). Eleven percent of
women aged 15-44 have incomes below the federal poverty level, and 18
percent of all women in this age-group are uninsured (i.e., do not have
private health insurance or Medicaid coverage).
Increasing health insurance coverage for women is essential.
Approximately 17 million American women have no health insurance
coverage. It's critical that health care reform requires coverage of
comprehensive reproductive health services.
With the economic downturn, these health centers have seen a
significant increase in utilization, just as their funding streams,
both public and private, have become more precarious. Across the
country, they are seeing an increase in patients--women who have lost
their jobs and health insurance, or who no longer have money to pay for
medical care. These women are literally choosing between a month of
birth control and bus fare.
Planned Parenthood health centers are part of an important network of
women's health care providers and serve as a critical entry point into
the health care system for millions of women.
In fact, Guttmacher reports more than six in ten clients consider
family planning centers their main source of health care. Oftentimes,
it is their first interaction with the country's health care system.
This is why increasing health insurance coverage is not enough.
Ensuring access to a strong network of health care providers is
fundamental to improving health care coordination and quality outcomes.
A strong women's health care infrastructure must be developed as we
proceed with health care reform. Women need preventative services for
reproductive and general health. Planned Parenthood clinics are
providing these services now and we should make sure they continue to
do so.
____________________
HONORING MR. GLENN COLEMAN FOR HIS 23 YEARS OF SERVICE AND DEDICATION
TO THE USDA NATIONAL FOREST SERVICE
______
HON. RODNEY ALEXANDER
of louisiana
in the house of representatives
Tuesday, May 19, 2009
Mr. ALEXANDER. Madam Speaker, I rise today to commend Mr. Glenn
Coleman, upon the occasion of his retirement, effective June 13, 2009,
for his 23 years of service and dedication to the USDA National Forest
Service.
Mr. Coleman, who came to the City of Alexandria, LA in 1986, has
dedicated 23 years of service as a landscape architect to the Kisatchie
National Forest Service. His service includes management and volunteer
work with projects and organizations such as the Alexandria Tree Board
Committee, the Forest Service African American Strategy Group, ``Smokey
the Bear'' and the Rapides Parish School Fire Prevention Program,
annual outdoor recreation events, recreation facility design, and the
Forest Service Human Resource Program.
Beyond his professional career, Mr. Coleman has been proudly married
for 20 years to Patricia Ann Coleman and is a loving father to Angela,
Alisha, Andre, Kimberly, and Gregory. Friends and family describe Mr.
Coleman as an individual who has dedicated his life to Christ and is an
active member of The Greater New Hope Baptist Church where he served on
the Deacon Board for 18 years under the direction of Rev. Robert
Butler.
Mr. Coleman is a friend to many, and is deemed a gracious and
hardworking person to all who have had the privilege of making his
acquaintance.
I ask my colleagues to join me in congratulating Mr. Glenn Coleman
for his many years of service to the National Forest Service in
Louisiana and for his dedication to our community.
____________________
RECOGNIZING THE FIRST ANNIVERSARY OF THE ELECTION OF THE REPUBLIC OF
CHINA'S (TAIWAN) PRESIDENT MA YING-JEOU
______
HON. PETER J. ROSKAM
of illinois
in the house of representatives
Tuesday, May 19, 2009
Mr. ROSKAM. Madam Speaker, I rise today in honor of the first
anniversary of the election of the Republic of China's (Taiwan)
President Ma Ying-jeou. With close to 65,000 Taiwanese Americans in the
Chicagoland area, I have closely observed President Ma's progress on
the world stage during his first year in office.
In just one year, the Harvard educated President Ma has made
accomplishments in leaps and bounds to improve Taiwan's international
standing in no small part because of his work to normalize relations
with mainland China.
Most recently, Taiwan has been accepted as an official observer at
the World Health Assembly that will take place later this month in
Geneva. The World Health Assembly, which is part of the World Health
Organization, will give Taiwan's 23 million citizens a voice at this
very important international forum.
Also, in April, officials from China and Taiwan participated in the
Chiang-Chen Talks. The talks resulted in the signing of the following
agreements: (1) ``Agreement on Joint Cross-Strait Crime-fighting and
Mutual Judicial Assistance;'' (2) the ``Cross-Strait Financial
Cooperation Agreement;'' and, (3) the ``Supplementary Agreement on
Cross-Strait Air Transport''. All of these agreements will result in
improved coordination between the Taiwan Straits neighbors in the areas
of law enforcement, financial exchanges and travel.
Finally, President Ma's administration has successfully removed
Taiwan from the Special 301 Watch List which is maintained by The
Office of the U.S. Trade Representative. The removal from this list
shows Taiwan's commitment to preventing the importing and exporting of
illegally pirated materials such as DVDs and CDs.
These are three of President Ma's many achievements during his first
year in office. Please join me in congratulating, President Ma, on a
very successful first year.
____________________
THE INTRODUCTION OF THE TRUTH IN FUR LABELING ACT OF 2009
______
HON. JAMES P. MORAN
of virginia
in the house of representatives
Tuesday, May 19, 2009
Mr. MORAN of Virginia. Madam Speaker, I rise today to introduce,
along with Representative Mary Bono Mack, the Truth in Fur Labeling Act
of 2009, which would require the labeling of all garments containing
animal fur.
Current law contains a glaring loophole that allows garments
containing less than $150 dollars in fur to be sold in the U.S. without
an identifying label. The result is that consumers lack the information
they need to make informed choices and may inadvertently purchase
garments that contain real fur, possibly from a dog or cat. The Humane
Society of the United States (HSUS) strongly supports this bill as a
way to guarantee consumers full and accurate information and to cut
down on the amount of illegal dog and cat fur making its way into the
U.S.
In recent years, HSUS investigators found a proliferation of falsely
labeled and falsely advertised dog fur on fashion clothing sold by some
of the largest names in U.S. retailing. Of the fur-trimmed jackets
subjected to mass spectrometry testing by HSUS, 96 percent were found
to be domestic dog, wolf or raccoon dog, and either mislabeled or not
labeled at all.
Half of all fur garments entering the United States come from China,
where large numbers of domestic dogs and cats as well as raccoon dogs
are killed every year for their fur by brutal methods, sometimes
skinned alive. The Dog and Cat Protection Act of 2000 banned the trade
in dog and cat fur after an HSUS investigation revealed the death toll
at 2 million animals a year and found domestic dog fur for sale in the
United States.
[[Page 12917]]
While it is currently illegal to import, export, sell or advertise
any domestic dog or cat fur in the United States and fur from other
animals must be identified with a label, a loophole exists that allows
a sizable portion of fur garments to avoid this labeling requirement.
The Fur Products Labeling Act of 1951 exempts garments with a
``relatively small quantity or value'' of fur from requiring labels
disclosing the name of the species, the manufacturer, the country of
origin and other pertinent information for consumers. The Federal Trade
Commission defines that value today as $150--an amount that allows
multiple animal pelts on a garment without a label.
Regardless of value, consumers have the right to know if a product
they purchase contains real fur. Consumers who may have allergies to
fur, ethical objections to fur, or concern about the use of certain
species, cannot make informed purchasing choices. Furthermore, the
ability for consumers to make well-informed decisions based on complete
information is a cornerstone of a functioning market economy.
Importantly, labeling fur trim will not be economically burdensome
for apparel manufacturers or retailers. According to the Federal Trade
Commission, the total number of fur garments, fur-trimmed garments, and
fur accessories sold in the United States is estimated at 3,500,000. Of
that, approximately 3,000,000 items--or 86 percent--are already
required to abide by labeling requirements. It will not present a
difficulty to label the additional 14 percent of products using animal
fur. In fact, this legislation may actually increase the efficiency of
the manufacturing process because it removes the need to determine an
item's value for labeling purposes.
Consumer protection officials and leaders in the retail and fashion
industries support fur labeling. Legislation closing the loophole in
the Fur Products Labeling Act has been endorsed by Tommy Hilfiger,
Burlington Coat Factory, Loehmann's, Buffalo Exchange, House of Dereon,
Jay McCarroll, Andrew Marc, and others. Leading designers and
businesses understand the need for clear labeling laws to protect
consumer confidence in their products. Additionally, the National
Association of Consumer Agency Administrators (NACAA), an organization
representing more than 160 government agencies and 50 corporate
consumer offices, recently passed a resolution in support of truthful
fur labeling and advertising, including the elimination of loopholes.
It is clear that current regulations undercut consumers' ability to
make informed purchases and contributes to the continued presence of
dog and cat fur in garments sold in the U.S. I look forward to working
with my colleagues and the committee of jurisdiction to bring attention
to this issue and enact the needed reforms included in the Truth in Fur
Labeling Act of 2009.
____________________
PERSON EXPLANATION
______
HON. TIM RYAN
of ohio
in the house of representatives
Tuesday, May 19, 2009
Mr. RYAN of Ohio. Madam Speaker, on Monday, May 18, 2009, I was
unable to return to Washington, DC in time to cast my vote for rollcall
votes No. 267-269. Had I been present, I would have voted ``aye'' on
rollcall votes No. 267, H. Res. 300; No. 268, S. 386; and No. 269, H.
Res. 442.
____________________
RECOGNIZING ROBERTA RAKOVE, RECIPIENT OF THE PARTNERSHIP FOR ACTION
GRASSROOTS CHAMPION AWARD
______
HON. DANNY K. DAVIS
of illinois
in the house of representatives
Tuesday, May 19, 2009
Mr. DAVIS of Illinois. Madam Speaker, I rise to acknowledge Roberta
Rakove, Senior Vice President, Government Affairs, of Sinai Health
System for her outstanding leadership in creating grassroots and
community activity in support of her hospital's mission. Roberta Rakove
was first nominated by the Illinois Hospital Association (IHA), and
later awarded by both the IHA and the American Hospital Association
(AHA) the Partnership for Action Grassroots Champion Award on April 28,
2009.
The Partnership for Action Grassroots Champion Award was established
to recognize hospital leaders who most efficiently inform elected
officials of the affect major issues have on a hospital's fundamental
role in the community; to recognize hospital leaders who have done an
exemplary job in broadening the base of community support for the
hospital; and to recognize hospital leaders who continue to advocate on
behalf of the hospital and its patients.
Roberta Rakove's commitment to advocating for the hospital community
extends to her 15 years of devotion on IHA's Advocacy Council, DSH
Steering Committee, and other membership groups.
For 90 years the hospitals and caregivers of Sinai Health System have
provided medical care and social services to communities in west and
south Chicago. Sinai Community Institute provides social service
outreach for the lifestyle issues that contribute to health while the
Sinai Urban Health institute researches the prevalence of chronic
disease in Chicago neighborhoods. Collectively, the Sinai Health System
provides a full continuum of care for acute, primary, specialty and
rehabilitation to meet the needs of the community.
____________________
MONGOLIA'S DEMOCRACY
______
HON. BLAINE LUETKEMEYER
of missouri
in the house of representatives
Tuesday, May 19, 2009
Mr. LUETKEMEYER. Madam Speaker, in a vast sweep of mountains, steppe,
and desert in the heart of northern Asia, one of the most remarkable
political transformations of the decade is unfolding. I rise today to
commend democracy in Mongolia. The collapse of communism and
totalitarianism has provided Mongolia with a historical opportunity of
introducing simultaneous political and economic changes by dismantling
the communist regime and central planning economy to build democracy
and market capitalism.
Mongolia's democratic transition explicitly indicates that Mongolia
has reached remarkable achievements in building democracy and market
capitalism.
Mongolia's parliamentary democracy has been playing a meaningful role
in building democracy and market capitalism, and civil society has
emerged and developed. Mongolia's democratic reforms have been radical
and irreversible. Now, Mongolia is committed to successful completion
of the final phase of its transition to market capitalism to deepen and
strengthen democracy.
In closing, Madam Speaker, I ask all my colleagues to join me in
supporting Mongolia's continued transition to democracy.
____________________
HONORING LIEUTENANT COLONEL RICHARD L. KIRCHNER FOR HIS SERVICE TO THE
CIVIL AIR PATROL
______
HON. MICHELE BACHMANN
of minnesota
in the house of representatives
Tuesday, May 19, 2009
Mrs. BACHMANN. Madam Speaker, I rise today to honor Lieutenant
Colonel Richard L. Kirchner for his 29 years of service to the Civil
Air Patrol. Col. Kirchner retired in February after developing the
Anoka Composite Squadron and serving as its Commander three times.
After joining the Civil Air Patrol in 1980, Col. Kirchner started the
Anoka Composite Squadron in 1982 with just one member. Today, it stands
at nearly 100 members and has produced leaders in the Civil Air Patrol,
the U.S. Air Force, in business and the public sector across the
country. Col. Kirchner was involved with every aspect of the Civil Air
Patrol including Emergency Services, Aerospace Education and the Cadet
program to help develop anyone interested in civil service. I am
confident that the Squadron will be led by other fine commanders and
engage in new and challenging missions in years to come, standing on
the firm foundation laid by Col. Kirchner.
It is my privilege to honor Lieutenant Colonel Richard L. Kirchner
for his three decades of dedicated service to the Civil Air Patrol and
I want to thank Col. Kirchner for the role he has played in so many
Minnesota lives. His commitment to honor and duty, country and
community and his nurturing relationship with the members of the
Squadron are a model for all of us on how to lead and teach. We are all
so grateful for his service.
____________________
TAIWAN
______
HON. ANH ``JOSEPH'' CAO
of louisiana
in the house of representatives
Tuesday, May 19, 2009
Mr. CAO. Madam Speaker, May 20, 2009 marks a significant milestone
for Taiwan, the first year in office of President Ma Ying-jeou.
[[Page 12918]]
What began as a year of confrontation between the Peoples Republic of
China and Taiwan, President Ma has become one of cooperation.
The conciliatory initiatives of President Ma has produced, for the
first time in decades, face to face productive meetings that have
brought about agreement between these former adversaries in a variety
of areas; legal, transportation and financial.
Such great progress has not gone unnoticed and President Ma Ying-jeou
should be recognized for his leadership.
____________________
IN HONOR OF MR. KIRK FARRA, IN-SYNCH SYSTEMS
______
HON. JASON ALTMIRE
of pennsylvania
in the house of representatives
Tuesday, May 19, 2009
Mr. ALTMIRE. Madam Speaker, I rise today to honor America's
entrepreneurs, those distinguished individuals who support our
communities, drive innovation, and keep our nation strong. Small
businesses bring fresh ideas to the table, develop resources to help us
meet the demands of an ever-changing world, and make a meaningful
impact on our neighborhoods. Entrepreneurs are responsible for
providing 60 to 80 percent of all new jobs, giving them the potential
to propel rapid economic growth and expand developing fields. Some of
the country's largest companies began as start-ups in small offices,
homes and garages exploring these new fields. Limited only by their
imagination, these firms performed cutting-edge work in emerging
industries that have become the very foundation of our society.
As our nation and the world face the most difficult economic
conditions in decades, entrepreneurs have the potential to lead us back
to prosperity. The resiliency and adaptability shown by small
businesses in past recessions demonstrate their capability to meet the
challenges standing in their way and emerge stronger than ever.
America's small businesses will drive the economic recovery from this
downturn, and I remain confident that our economy will emerge stronger
than ever. Times may be tough, but America's entrepreneurial spirit is
tougher.
To recognize the monumental achievements of our nation's small firms,
the Small Business Administration (SBA) has declared May 17-23 as the
46th Annual National Small Business Week. The House Small Business
Committee is celebrating all our country's hard-working entrepreneurs
by saluting the Heroes of Small Business, those men and women who have
shown the strength, leadership, and resourcefulness that keeps our
economy moving forward.
I ask that you, Madam Speaker, and the entire U.S. House of
Representatives join me in recognizing and thanking Mr. Kirk Farra for
his tremendous accomplishments on behalf of small businesses. Mr. Farra
is president of In-Synch Systems, LLC, a company that produces state-
of-the-art records management software for local law enforcement
agencies. In-Synch Systems has rapidly expanded since its inception in
1999 and is currently serving clients across the country. The company's
top product is a records management system that allows law enforcement
officers to access and share critical intelligence when they are in the
field. In-Synch Systems has provided its products to government
agencies for use in federally funded law enforcement programs that
supply police agencies with critical software.
Madam Speaker, Mr. Farra has exemplified the remarkable
accomplishments of which America's entrepreneurs are capable. This
week, he will testify before the House Small Business Committee to
share his story. I ask that you and the entire U.S. House of
Representatives join with me in honoring him for the extraordinary work
he has done for the small business economy. His efforts demonstrate
that if given the right resources, America's small businesses can be
the catalysts that lift our economy from the current downturn and put
us on the road to recovery.
____________________
IN RECOGNITION OF SPORTSCASTER DON LADAS' RETIREMENT
______
HON. DEBORAH L. HALVORSON
of illinois
in the house of representatives
Tuesday May 19, 2009
Mrs. HALVORSON. Madam Speaker, today I rise to recognize Don Ladas
for his service to Joliet, Illinois for over fifty years as an
unparalleled sports voice on 1340 WJOL Radio and working for the Herald
News, which has made him a sports icon in Will County. Ladas, WJOL's
longest full-time employee in history, has recently announced his
retirement. Out of all of WJOL's radio legends over the years, none
have had the staying power and impact that Don Ladas has had.
For forty-seven years, Ladas has covered a wide variety of sports for
WJOL including bowling, football, basketball, baseball, and softball,
and has broadcasted thousands of local high school sporting events. He
was the host of the oldest bowling show in the United States called,
``Ten Pin Topics,'' which aired Monday through Saturday. In addition to
his daily bowling show, Ladas also hosted a weekly sports program
called, ``Shooting the Breeze.'' For the past thirty years, Ladas also
has been the editor and publisher of his own monthly magazine called
``Will County Sportsman.''
His professionalism and his dedication to sports have earned him a
place of recognition in the following: the Illinois Sportscasters Hall
of Fame, the Illinois Basketball Hall of Fame, the Illinois State
Bowling Hall of Fame, the Joliet Junior College Hall of Fame, the
Joliet and Will County Hall of Pride, the Will County Bowling Hall of
Fame, and the Minor League and Pro Football National Hall of Fame in
Canton, Ohio for his work in the media. Also, in July of 2008, author
Gary Seymour published a book following Ladas' career entitled, The
Voice of Joliet: the Life and Times of Hall of Fame Radio Sportscaster
Don Ladas.
As one of the most revered figures in Joliet's sports scene history,
sportscaster Don Ladas has left his mark on the world of radio and
sportscasting and will serve as an inspiration to all individuals just
enetering the mass media field of broadcasting. It is with great pride
that I recognize all of his many accomplishments upon the event of his
retirement.
____________________
PERSONAL EXPLANATION
______
HON. CAROLYN B. MALONEY
of new york
in the house of representatives
Tuesday, May 19, 2009
Mrs. MALONEY. Madam Speaker, on May 18, 2009, I missed rollcall votes
numbered 267, 268, and 269.
Had I been present, I would have voted ``yea'' on rollcall votes 267,
a resolution congratulating Camp Dudley YMCA of Westport, New York, on
the occasion of its 125th anniversary; 268, the Fraud Enforcement and
Recovery Act; and, 269, a resolution recognizing the importance of the
Child and Adult Care Food Program and its positive effect on the lives
of low-income children and families.
____________________
RECOGNIZING COMMISSIONER DEBORAH TAYLOR TATE FOR RECEIVING THE ITU
``WORLD TELECOMMUNICATION & INFORMATION SOCIETY AWARD''
______
HON. MARSHA BLACKBURN
of tennessee
in the house of representatives
Tuesday, May 19, 2009
Mrs. BLACKBURN. Madam Speaker, I rise to recognize Commissioner
Deborah Taylor Tate, Federal Communications Commission member from 2005
to 2008, on the occasion of her receipt of the 2009 International
Telecommunication Union (ITU) ``Telecommunication & Information Society
Award.''
The World Telecommunication & Information Society Award is presented
by the ITU in recognition of individuals or institutions that have made
a significant contribution to promoting, building, or strengthening an
individual-focused, development-oriented and knowledge-based
information society. The 2009 award was presented to individuals
dedicated to global Internet connectivity, promoting innovation, and
protecting children online.
Commissioner Tate won international praise during her service at the
FCC as a leading voice on issues affecting families and children, and
helped craft communications policy to ensure that advances in
communications technologies benefit all Americans in a safe, secure
manner. As a result, she is known throughout the telecommunications
industry as the ``Children's Commissioner'' for her dedication to
online safety.
Receipt of ITU's Telecommunication & Information Society Award
further cements Commissioner Tate's impact on the communications space
during her service at the FCC, and follows a litany of awards following
her departure from the Commission, including an Award for Outstanding
Public Service from Common Sense Media, the Good Scout Award from the
Boy Scouts of America, the
[[Page 12919]]
Carol Reilly Award from the New York State Broadcasters Association,
the Touchstones of Leadership Award for Public Service from Women in
Cable Television, the YW Award from the Academy for Women of
Achievement, and the Jerry Duvall Public Service Award from the Phoenix
Center for Advanced Public Policy Studies.
On behalf of constituents throughout Tennessee's 7th District, I
applaud Commissioner Tate for her lifetime body of work, and
congratulate her well-deserved receipt of the 2009 Telecommunication &
Information Society Award.
____________________
COMMENDING CHANDRA BROWN
______
HON. KURT SCHRADER
of oregon
in the house of representatives
Tuesday, May 19, 2009
Mr. SCHRADER. Madam Speaker, I rise today to honor America's
entrepreneurs, those distinguished individuals who support our
communities, drive innovation, and keep our nation strong. Small
businesses bring fresh ideas to the table, develop the resources to
meet the demands of an ever-changing world, and make a meaningful
impact on our neighborhoods. Entrepreneurs are responsible for
providing 60 to 80 percent of all new jobs, giving them the potential
to propel rapid economic growth and expand ever-developing fields. Some
of the country's largest companies began as start-ups in small offices,
homes and garages exploring these new fields. Limited only by their
imagination, these firms performed cutting-edge work in emerging
industries that have become the very foundation of our society.
As our nation and the world face the most difficult economic
conditions in decades, entrepreneurs have the potential to lead us back
to prosperity. The resiliency and adaptability shown by small
businesses in past recessions demonstrate their capability to meet the
challenges standing in their way and emerge stronger than ever.
America's small businesses will drive the economic recovery from this
downturn and our economy will emerge stronger than ever. Times may be
tough, but America's entrepreneurial spirit is tougher.
To recognize the monumental achievements of our nation's small firms,
the Small Business Administration (SBA) has declared May 17-23 as the
46th Annual National Small Business Week. The House Small Business
Committee is celebrating all our country's hard-working entrepreneurs
by saluting the Heroes of Small Business, those men and women who have
shown the strength, leadership, and resourcefulness that keeps our
economy moving forward.
I ask that you, Madam Speaker, and the entire U.S. House of
Representatives join me in recognizing and thanking Ms. Chandra Brown
for her tremendous accomplishments on behalf of small businesses. Ms.
Brown currently serves as president of Oregon Iron Works' subsidiary
United Streetcar, the only modern streetcar manufacturer in the United
States. With over 15 years of experience with Oregon Iron Works, she is
responsible for overall business development and marketing as the
company's vice president.
Recognized by Oregon's economic community as one the state's top
business leaders, Ms. Brown was named to the Oregon Innovation Council
in 2005 by Governor Ted Kulongoski. She sits on numerous non-profit
boards, including serving as Vice Chair of the Oregon Wave Energy
Trust, which promotes job creation through the emerging wave energy
industry. Ms. Brown has a bachelor's degree in marketing and an M.B.A.
in international marketing from Miami University.
Madam Speaker, Ms. Brown has exemplified the remarkable
accomplishments of which America's entrepreneurs are capable. This
week, she will testify before the House Small Business Committee to
share her story. I ask that you and the entire U.S. House of
Representatives join with me in honoring her for the extraordinary work
she has done for the small business economy. Her efforts demonstrate
that if given the right resources, America's small businesses can be
the catalysts that lift our economy from the current downturn and put
us on the road to recovery.
____________________
JACK KEMP'S LIFE PROVIDES IDEAS
______
HON. TOM McCLINTOCK
of california
in the house of representatives
Tuesday, May 19, 2009
Mr. McCLINTOCK. Madam Speaker, in memory of Jack Kemp, I would like
the following article included in the Congressional Record.
Republicans Looking for a modern inspiration? Jack Kemp's life provides
ideas
(By Jack Cox)
There has been much press coverage these days about the
problems of the Republican Party seeking a new identity that
resonates with Americans. Too often, Republicans and
conservatives are criticized for lacking compassion and
concern for many social issues of interest to many Americans.
In the 1960's, Conservatives had little involvement in the
historic battle for civil rights. Most Republicans opposed
the civil rights act in 1964, including Presidential
candidate Barry Goldwater, and a great deal of resentment
grew within the African American community over this apparent
indifference.
It was, of course, Republicans with President Lincoln that
led the battle to end slavery and liberate blacks from the
intolerable practice. Thirty two years earlier, William
Wilberforce, a noted Member of Parliament and British
Christian leader had led the battle to end slavery in
England. Unfortunately, during the last half of the 20th
Century too many conservatives, Republicans specifically,
were uninvolved in the battle. That disinterest was tied not
to bigotry but rather other priorities including a major
battle to oppose the spread of Communism from the Soviet
Union and ``Red China.'' Senator Goldwater, a charter member
of the Phoenix NAACP, opposed it on states' rights grounds.
It was a warm summer day during the 1996 Presidential
Campaign that the National Association of Black Journalists
annual convention was held in Nashville. The organization, as
most journalism groups, invites Presidential candidates to
address their members. On that humid Tennessee day Republican
Presidential Candidate Robert Dole and Vice Presidential
Candidate Jack Kemp were slated to speak to the several
thousand African American journalists from around the nation.
Most Republicans would have described this group as anything
but a friendly organization to GOP candidates.
Senator Dole was introduced with polite applause. Then Jack
Kemp was introduced and he received a standing ovation. I sat
in awe as these black Americans applauded a white Republican
leader. Jack stayed after his speech and shook the hand of
every young journalist who wanted to meet him. There was no
story about this incident and it has received no notice that
I have ever seen. Why did Jack get this reception? It is easy
to understand why -- Jack Kemp cared and he demonstrated that
care over a life time. He was committed to the wisdom of a
free market but he also saw that sometimes people fell
through the cracks and that government has the responsibility
to help them.
However, Jack was committed to giving people opportunity,
not hand outs. He had the strong respect of millions of
Americans. In my many personal conversations with Jack and my
work with him, that caring attitude came through like a laser
beam! Jack, in the past decade, spoke strongly for a guest
worker program for illegal immigrants and a method for these
folks to become legal residents of the United States. Jack
saw these people as hard workers who were trying to achieve
the American dream, one sought by millions from throughout
the world.
Jack observed one time ``Republicans many times can't get
the words `equality of opportunity' out of their mouths.
Their lips do not form that way.'' He also declared ``There
really has not been a strong Republican message to either the
poor or the African American community at large.''
He also noted ``When people lack jobs, opportunity, and
ownership of property they have little or no stake in their
communities.''
In 1964, Senator Barry Goldwater was defeated for the
presidency. Look Magazine, shortly after the solid defeat,
asked writer Richard Cornuelle to write a piece entitled a
``Positive Agenda for the Republican Party.'' In 1965,
Cornuelle published a new book ``Reclaiming the American
Dream.'' Cornuelle, like Jack Kemp, called on Republicans to
have answers and a positive agenda instead of constant
opposition to government. He coined the phrase ``the
independent section'' which described the vital role that
associations, churches, and individuals play in meeting the
needs of society.
Unfortunately, Dick Cornuelle's ideas, like Jack Kemp's,
were not seen as providing direction for the future of the
Republican Party by some leaders. Jack Kemp was a dynamic
individual who, like Ronald Reagan, always saw a glass half
full rather than half empty. If the Republican Party is to
begin carrying a positive banner of hope and leadership, it
will need to be like Jack Kemp's. Perhaps with the loss of
Jack Kemp, the time has come for the party and Conservatives
in general to reexamine their priorities and reach out to all
Americans.
Indeed it is a time for all Americans to rekindle their
faith in an America of strong commitment to a free market
system which strives to reach all Americans, not with a hand
out but with a hand up. Kemp reminded us ``There are no
limits to our future if we don't put limits on our people.''
At the same time, Jack never lost his commitment to the
idea that a growing economy
[[Page 12920]]
is the only answer to enriching more Americans instead of
fewer. He saw redistribution of wealth as a policy for
failure. His vision for government was simple: ``Every time
in this century we've lowered the tax rates across the board,
on employment, on saving, investment and risk-taking in this
economy, revenues went up, not down.'' It was interesting
that another dynamic leader in the Democratic Party held that
same view, John F. Kennedy, another inspirational leader.
Finally, as the Republican Party thinks about is future and
the Democrats, now in power, contemplate how they responsibly
use their power, we should remember Jack Kemp's words
``Democracy without morality is impossible.'' I, as so many
others Americans of all colors and all parties, will miss
Jack Kemp.
____________________
RECOGNIZING THE NAVY LEAGUE BREMERTON-OLYMPIC PENINSULA COUNCIL ON THE
OCCASION OF THE DEDICATION OF THE LONE SAILOR STATUE MEMORIAL
______
HON. NORMAN D. DICKS
of washington
in the house of representatives
Tuesday, May 19, 2009
Mr. DICKS. Madam Speaker, I come to the floor of the House today to
express my support and appreciation for the Navy League of the United
States and congratulate the members of the Navy League Bremerton-
Olympic Peninsula Council upon the dedication of the Lone Sailor Statue
Memorial at Bremerton, Washington.
The Lone Sailor Statue is symbolic of the many sacrifices made by our
mariners, their families and the communities that support them. On May
23, 2009, the Navy League Bremerton--Olympic Peninsula Council will
dedicate a Lone Sailor Statue Memorial at Bremerton Harborside in
Bremerton, Washington. This statue honors and embodies the longstanding
bond the city and region share with our Navy and maritime past.
Since its founding, the United States has relied upon access to and
unhindered use of the world's oceans in order to enhance its security
and maintain its interests. The sea services of the United States; the
Navy, Marine Corps, Coast Guard and U.S. Merchant Marine, were
essential to our young Nation's security, growth and prosperity then,
and they remain so today.
The Navy League of the United States was formed in 1902 to ensure
continued support for the men and women of the sea services in their
duties. It continues this vital mission today through the education of
our citizenry and the Nation's political leaders on the important role
of the sea services and the sacrifices made by our Sailors, Marines,
Coast Guardsmen and Merchant Mariners around the world.
The dedication of the Lone Sailor Statue Memorial in Bremerton is a
testament to the sustained effort of the entire Navy League Bremerton--
Olympic Peninsula Council and many, many community contributors and
volunteers. I want to extend my thanks and appreciation to all who
contributed their time and effort to make this event possible.
____________________
JUAN AND LUIS YEPEZ, RECIPIENTS OF SBA'S PHOENIX AWARD
______
HON. NIKI TSONGAS
of massachusetts
in the house of representatives
Tuesday, May 19, 2009
Ms. TSONGAS. Madam Speaker, I rise today to honor Juan and Luis
Yepez, small business owners in Lawrence, MA, for receiving the Small
Business Administration's 2009 Phoenix Award for Small Business
Disaster Recovery. The SBA gives the Phoenix Award to individuals who
display selflessness, ingenuity and tenacity in the aftermath of a
disaster, while contributing to the rebuilding of their communities.
The entrepreneurial Yepez brothers are owners of Mainstream Global, a
small computer product distribution company. The Yepez brothers chose
to locate their business in the old industrial City of Lawrence and to
become part of the surrounding community. Unfortunately, in May 2006
the company's facilities along the banks of the Merrimack River
flooded, destroying hundreds of thousands of dollars of equipment and
forcing a three-month shutdown of the business.
Despite this setback, Juan and Luis kept their twelve employees on
payroll throughout the recovery process, and now, in the midst of a
deep recession, they have expanded Mainstream Global to a staff of
thirty-two. The Yepez brothers continue to be committed partners in the
rebirth of Lawrence by investing in the renovation of other old,
abandoned mill buildings in the downtown, converting these buildings
into office space, educational facilities, and affordable housing.
I congratulate the Yepez brothers for their outstanding contribution
to the City of Lawrence and its residents, and their dedication to the
revitalization of our community.
____________________
PRAISING THE HOLLYWOOD, FLORIDA CITY COMMISSION FOR ITS SUPPORT IN THE
REALIZATION OF THE DR. MARTIN LUTHER KING, JR. MULTICULTURAL ART
PROJECT
______
HON. ALCEE L. HASTINGS
of florida
in the house of representatives
Tuesday, May 19, 2009
Mr. HASTINGS of Florida. Madam Speaker, I rise to honor the City of
Hollywood, Florida City Commission, and in particular, City Manager
Cameron D. Benson and Grants Manager Renee Jean, for their instrumental
support in the realization of the Dr. Martin Luther King, Jr.
Multicultural Art Project. On May 21, 2009, the City of Hollywood,
Florida City Commission will dedicate a bronze bust of Dr. King in
ArtsPark at Young Circle in Historic Downtown Hollywood, FL, in honor
of Dr. King's life and legacy.
This project would not have been possible without the hard work and
dedication of City Manager Benson and Grants Manager Jean, who, faced
with a challenging fiscal year and budget cuts, were committed to the
Dr. Martin Luther King, Jr. Multicultural Art Project from its
inception to its completion. In 2008, Benson proposed the project in
response to a community recommendation to the City Commission to create
an initiative to honor Dr. Martin Luther King, Jr. Determined to find a
way to finance the project without using General Fund monies, Jean
successfully secured a $50,000 grant from the W.K. Kellogg Foundation
for the construction and implementation of the project. After issuing a
national ``Call to Artists'' and evaluating proposals, the City Artist
Selection Committee selected Steven Whyte of Steven Whyte Studios in
California to create the original art piece.
Whyte's hand-sculpted bronze bust of Dr. King weighs approximately
200 pounds and sits upon a large base that will be inscribed with the
immortal words of Dr. King's famous ``I Have a Dream'' speech. This
lasting tribute to Dr. King's dream and courage will become a permanent
fixture in regionally acclaimed ArtsPark at Young Circle, a public
venue for arts, education, recreation and entertainment, and in the
Hollywood community.
Madam Speaker, the realization and completion of the Dr. Martin
Luther King, Jr. Multicultural Art Project is a celebration of
diversity in the City of Hollywood and a reminder to all visitors to
continue working to realize Dr. King's dream of equality for all. Once
again, I would like to recognize and thank Mr. Benson, Ms. Jean, and
the City of Hollywood, Florida City Commission for their support of
this project and for their commitment to the community.
____________________
BARBARA McCLAIN OWNER AND PRESIDENT, McCLAIN CONTRACTING COMPANY, INC.
ANDALUSIA, AL
______
HON. BOBBY BRIGHT
of alabama
in the house of representatives
Tuesday, May 19, 2009
Mr. BRIGHT. Madam Speaker, I rise today to honor America's
entrepreneurs, those distinguished individuals who support our
communities, drive innovation, and keep our nation strong. Small
businesses bring fresh ideas to the table, develop the resources to
meet the demands of an ever-changing world, and make a meaningful
impact on our neighborhoods. Entrepreneurs are responsible for
providing 60 to 80 percent of all new jobs, giving them the potential
to propel rapid economic growth and expand ever-developing fields. Some
of the country's largest companies began as start-ups in small offices,
homes and garages exploring these new fields. Limited only by their
imagination, these firms performed cutting-edge work in emerging
industries that have become the very foundation of our society.
As our nation and the world face the most difficult economic
conditions in decades, entrepreneurs have the potential to lead us back
to prosperity. The resiliency and adaptability shown by small
businesses in past recessions demonstrate their capability to meet the
challenges standing in their way and emerge stronger than ever.
America's small businesses will drive the economic recovery from
[[Page 12921]]
this downturn and our economy will emerge stronger than ever. Times may
be tough, but America's entrepreneurial spirit is tougher.
To recognize the monumental achievements of our nation's small firms,
the Small Business Administration (SBA) has declared May 17-23 as the
46th Annual National Small Business Week. The House Small Business
Committee is celebrating all our country's hard-working entrepreneurs
by saluting the Heroes of Small Business, those men and women who have
shown the strength, leadership, and resourcefulness that keeps our
economy moving forward.
I ask that you, Madam Speaker, and the entire U.S. House of
Representatives join me in recognizing and thanking Ms. Barbara McClain
for her tremendous accomplishments on behalf of small businesses. Ms.
McClain is owner and president of McClain Contracting Company, Inc., a
firm that has provided a range of services to military bases and other
federal installations. Ms. McClain began her career as a bookkeeper and
payroll clerk in 1968, and worked for several firms before
incorporating her own business in 1990 selling ATVs and watercraft.
After limited success in this venture, McClain transformed the business
and became a licensed construction company, receiving a SBA
certification as a HubZone and 8(a) firm in September 2005.
With the program's assistance, McClain Contracting prospered by
expanding its work to the federal level. The company has been awarded
over $13 million in contracts by Kessler Air Force Base and performed
work for other military and veteran-service facilities in Mississippi.
Having gained a reputation for quality work, McClain Contracting is
currently seeking to expand its services throughout the Southeast
region.
Madam Speaker, Ms. McClain has exemplified the remarkable
accomplishments of which America's entrepreneurs are capable. This
week, she will testify before the House Small Business Committee to
share her story. I ask that you and the entire U.S. House of
Representatives join with me in honoring her for the extraordinary work
she has done for the small business economy. Her efforts demonstrate
that if given the right resources, America's small businesses can be
the catalysts that lift our economy from the current downturn and put
us on the road to recovery.
____________________
PRESIDENT MA OF TAIWAN
______
HON. JOHN CONYERS, JR.
of michigan
in the house of representatives
Tuesday, May 19, 2009
Mr. CONYERS. Madam Speaker, I rise today to offer my congratulations
on the one year anniversary of President Ma of Taiwan. President Ma has
accomplished much during his tenure to reduce the tensions in the
Taiwan Strait.
I want to shed light on the third Chiang-Chen talks that occurred
last month to highlight my point.
The third Chiang-Chen Talks, which took place in Nanjing, brought
together top officials from both sides of the Taiwan straits to discuss
issues that are of mutual benefit to Taiwan and China. Three important
agreements were signed at these talks.
The ``Agreement on Joint Cross-Strait Crime-fighting and Mutual
Judicial Assistance'' will improve cooperation between the two sides
with respects to criminal investigations by sharing information and
lending other law enforcement assistance as needed.
Secondly, the ``Cross Strait Financial Cooperation Agreement'' will
help improve monetary exchanges and may lead to Taiwan opening
financial institutions on the mainland.
Lastly, a ``Supplementary Agreement on Cross-Strait Air Transport''
was signed to increase the number of daily flights, both passenger and
cargo, between Taiwan and China plus increase the number of airports by
which these flights will depart.
In addition to these three agreements, China has agreed to encourage
investments from the mainland into Taiwan ventures.
All of these important agreements would not have been possible
without President Ma's leadership and courage. Again, congratulations
to President Ma and both countries on each side of the Taiwan Strait.
____________________
HONORING ANDREA MACKENZIE
______
HON. MIKE THOMPSON
of california
in the house of representatives
Tuesday, May 19, 2009
Mr. THOMPSON of California. Madam Speaker, I, along with my colleague
Congresswoman Lynn Woolsey, rise today to honor a dedicated and beloved
advocate for preserving agriculture and the environment in Sonoma
County, California. Andrea Mackenzie is leaving the Sonoma County
Agricultural Preservation and Open Space District, and we celebrate her
12 productive years, especially the last eight years as General
Manager.
Andrea was born in upstate New York and grew up in Los Angeles. She
earned a Bachelor's Degree in Environmental Studies from the University
of California at Santa Barbara and a Master's Degree in Urban Planning
and Natural Resources from the University of California at Los Angeles.
With her love of both the coast and the rugged mountains of the High
Sierra, it is no surprise that Andrea worked for over 25 years in land
use and conservation-related positions, including the East Bay and San
Francisco where she began to develop a focus on collaborative public/
private projects and regional approaches. She also loves walkable
communities, old barns, hiking and kayaking, country rock, and nature
writers.
Andrea first served the Sonoma County Agricultural Preservation and
Open Space District as project manager for the strategic conservation
plan update, creating documents that have become models for other
public land conservation agencies. In 2000, she was appointed General
Manager by the Board of Supervisors.
The mission of the District is to ``permanently protect the diverse
agricultural, natural resource and scenic open space lands of Sonoma
County for future generations.'' Funded by a quarter-cent sales tax, it
is the only such district in the state of California and is
overwhelmingly supported by Sonoma County's residents.
Andrea helped direct the 2006 campaign to renew the sales tax, which
passed overwhelmingly. Voters value the organization's mission and its
programs including: matching grants to partner with local cities and
agencies for land acquisition, preservation and enhancement;
stewardship in managing these lands and various easements to protect
them, as well as to allow for public access; land leases to local
growers; and public and educational outings, including a focus on
underserved populations. Andrea has played a key role in developing
these programs as well as increasing the amount of open space from
25,000 acres to 75,000 acres (including 33,000 acres of farmland).
In 2007, in testament to Andrea's management, the District was
selected for the National Leadership in Conservation Award from the
National Association of Counties (NACo) and the Trust for Public Land
in Washington, D.C. She was also one of 36 Fellows selected to
participate in the National Conservation Leadership Institute program,
is a member of the Executive Committee and future President of the Bay
Area Open Space Council and served on both the Urban Rural Roundtable
(formed by San Francisco Mayor Gavin Newsom to create a Bay Area
Regional Food System) and on the Statewide Watershed Advisory
Committee.
Madam Speaker, Andrea Mackenzie's combination of visionary and
practical leadership has made the Sonoma County Agricultural
Preservation and Open Space District a vital player in our community.
Sonoma County could have gone the way of other growing counties in
California with sprawl from end to end. Instead, it remains blessed
with green open space, productive agriculture, and many unique and
intact ecosystems. We thank her for her great contributions to our
children's natural inheritance and wish her luck in her new position
where she will be continuing her good work closer to her family.
____________________
HONORING MARK A. BANCROFT
______
HON. MICHAEL H. MICHAUD
of maine
in the house of representatives
Tuesday, May 19, 2009
Mr. MICHAUD. Madam Speaker, I rise today to recognize the
accomplishments of Mark A. Bancroft, President of Bancroft Contracting
Corporation in South Paris, Maine.
Mr. Bancroft knows the meaning of dedication. He started working for
his father's company, Bancroft Contracting Corporation, at the age of
fourteen. He spent weekends, holidays, and school vacations learning
the skills necessary to succeed in his trade. After successfully
completing the Construction Management Technology program at the
University of Maine, Mr. Bancroft returned to work for his father full
time.
In the years following the completion of his degree, Mr. Bancroft
worked as a project manager, human resources manager, operations
[[Page 12922]]
manager, Vice President of Operations, and President for Bancroft
Contracting Company. In 2004, he became owner and CEO. Today, Mr.
Bancroft's company employs one hundred-thirty workers during the winter
and more than two hundred during the summer. The Small Business
Administration has recognized Mr. Bancroft's business expertise and
commitment by naming him the Maine Small Business Person of the Year
for 2009.
Madam Speaker, please join me in congratulating Mr. Bancroft on a
lifetime of hard work and devotion.
____________________
HONORING RABBI HOWARD HERSCH
______
HON. PATRICK J. MURPHY
of pennsylvania
in the house of representatives
Tuesday, May 19, 2009
Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to
honor Rabbi Howard Hersch, the spiritual leader of Congregation
Brothers of Israel in Newtown, Bucks County, Pennsylvania. Rabbi Hersch
will be retiring in July after 48 years of dedicated service to his
community.
While serving at the Congregation Brothers of Israel, Rabbi Hersch
has worked tirelessly to provide his congregants with leadership,
kindness, and an open ear. His combination of wisdom, humor, and
compassion has created an atmosphere of warmth in his synagogue that
his congregants will truly miss.
Rabbi Hersch is not only a scholar, teacher, and respected associate
of several Rabbinical Boards, but also a member of many humanitarian
and civic organizations. He has dedicated his life to advancing the
causes of the State of Israel, the Jewish people, and of all people in
need.
Rabbi Hersch has contributed enormously to his community in Bucks
County. His commitment to service through spiritual leadership and
education is a characteristic to be emulated. Madam Speaker, I am proud
to recognize Rabbi Hersch for his outstanding efforts, and am extremely
honored to serve as his Congressman.
____________________
REMEMBERING THE LIFE OF ``MR. BRONX,'' DR. ELIAS KARMON
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Tuesday, May 19, 2009
Mr. RANGEL. Madam Speaker, I rise with great sadness as I remember
the life of my dear friend Dr. Elias Karmon who recently passed away.
As I speak with profound sorrow, I ascend to celebrate a life well
lived and to remember with fondness the accomplishments of a remarkable
man who, over his many years in our community, etched his name in
history as a visionary who erected institutions and forever transformed
the quality of life of his fellow Bronxites.
Mr. Bronx, as he was affectionately called, was born on March 4, 1910
and until his death on October 21, 2008, he was doing what he loved the
most--attending to the needs of The Bronx community. His death at the
age of 98 years old does not signal an end to a dedicated career of
serving his community, but the beginning for those whose lives were
touched by Dr. Karmon to continue his work.
The Bronx is full of busy men, but most of us found the activities of
Dr. Karmon astonishing. He took time to work with dozens of groups and
organizations in keeping The Bronx a good place to work and live, and
all of that on a ``volunteer basis.'' This had been a ``working
together'' story with people of all groups. Dr. Karmon was one of the
most deeply involved residents of our borough. For all his work, Dr.
Karmon was awarded an honorary Doctor of Humane Letters by Lehman
College, the Presidential Medallion by Bronx Community College, and the
first Hostos Community College Presidential Medal.
A graduate of New York University, Dr. Karmon worked as an
accountant, a manufacturer of clothing and as a clothing retailer on
Prospect Avenue. The business, Hollywood Clothes, was a Bronx
Institution for over 30 years. He was also a builder of parking lots,
developer of buildings for use by public and private agencies and was
very active in many phases of real estate. Dr. Karmon served The Bronx
for 68 years in many business, civic, health, service and humanitarian
organizations. He served on the organizational committee that brought
about the Einstein College of Medicine and he continued to work on
behalf of the College until his death.
Dr. Karmon served as an officer or chairman in The Bronx Rotary Club,
The Bronx Council of the Albert Einstein College of Medicine, American
Jewish Congress, Bronx Division, Bronx Boy's and Girls Clubs', Visions
and Community Services for the Blind and the Bronx YMCA. Dr. Karmon
served as President of the Bronx Chamber of Commerce for four
consecutive terms after serving on its Board since 1953. He played an
instrumental role in organizing the South Bronx Board of Trade, which
greatly aided minority businesses and was one of the founders of the
Ponce de Leon Federal Bank in 1959.
For twenty-two years, Mr. Karmon served as a member of the Lay
Advisory Board for Lincoln Hospital, nine of those years as its
chairman, and he played a pivotal role in the establishment of the new
Lincoln Hospital. Dr. Karmon was also credited with helping to create
the first building of Hostos Community College.
Elias will be long remembered for his extraordinary commitment,
energy, wisdom, discipline, principle, and clear purpose which won the
admiration of all who were privileged to come to know and work with him
during his distinguished career in and around music. I consider myself
fortunate to have had the opportunity to observe and experience his
example as a personal inspiration.
Madam Speaker, rather than mourn his passing, I hope that my
colleagues will join me in celebrating the life of Dr. Elias Karmon by
remembering that he exemplified greatness in every way.
____________________
RECOGNIZING MR. SUTTON BACON
______
HON. HEATH SHULER
of north carolina
in the house of representatives
Tuesday, May 19, 2009
Mr. SHULER. Madam Speaker, I rise today to honor America's
entrepreneurs, those distinguished individuals who support our
communities, drive innovation, and keep our nation strong. Small
businesses bring fresh ideas to the table, develop the resources to
meet the demands of an ever-changing world, and make a meaningful
impact on our neighborhoods. Entrepreneurs are responsible for
providing 60 to 80 percent of all new jobs, giving them the potential
to propel rapid economic growth and expand ever-developing fields. Some
of the country's largest companies began as start-ups in small offices,
homes and garages exploring these new fields. Limited only by their
imagination, these firms performed cutting-edge work in emerging
industries that have become the very foundation of our society.
As our nation and the world face the most difficult economic
conditions in decades, entrepreneurs have the potential to lead us back
to prosperity. The resiliency and adaptability shown by small
businesses in past recessions demonstrate their capability to meet the
challenges standing in their way and emerge stronger than ever.
America's small businesses will drive the economic recovery from this
downturn and our economy will emerge stronger than ever. Times may be
tough, but America's entrepreneurial spirit is tougher.
To recognize the monumental achievements of our nation's small firms,
the Small Business Administration (SBA) has declared May 17-23 as the
46th Annual National Small Business Week. The House Small Business
Committee is celebrating all our country's hard-working entrepreneurs
by saluting the Heroes of Small Business, those men and women who have
shown the strength, leadership, and resourcefulness that keep our
economy moving forward.
I ask that you, Madam Speaker, and the entire U.S. House of
Representatives join me in recognizing and thanking Mr. Sutton Bacon
for his tremendous accomplishments on behalf of small businesses. Mr.
Bacon is President and CEO of Nantahala Outdoor Center (NOC), the
largest outdoor recreation company in the United States. He is
responsible for overall business strategy and operational performance
of the employee-owned company, which draws over half a million visitors
every year. Located near the Great Smoky Mountains National Park, NOC
has been honored by several publications for its exemplary facilities
and service excellence.
Mr. Bacon is an active conservationist, serving on the boards of
multiple outdoor recreation and natural preservation organizations. He
is an advocate of increased youth involvement with nature, and
established the NOC Foundation to provide better access to outdoor
experiences, equipment, and education for youth and underserved
communities. A classically trained musician, Mr. Bacon has performed
with the Atlanta Symphony Orchestra Chorus and has performed on GRAMMY
Award-winning commercial records.
[[Page 12923]]
Madam Speaker, Mr. Bacon has exemplified the remarkable
accomplishments of which America's entrepreneurs are capable. This
week, he will testify before the House Small Business Committee to
share his story. I ask that you and the entire U.S. House of
Representatives join with me in honoring him for the extraordinary work
he has done for the small business economy. His efforts demonstrate
that if given access to the right resources, America's small businesses
can be the catalysts that lift our economy from the current downturn
and put us on the road to recovery.
____________________
HONORING THE EMPLOYEES OF GENESYS REGIONAL MEDICAL CENTER
______
HON. DALE E. KILDEE
of michigan
in the house of representatives
Tuesday, May 19, 2009
Mr. KILDEE. Madam Speaker, I rise today to pay tribute to the
employees of Genesys Regional Medical Center for their quick action
during a fire at the hospital on March 22, 2009.
On that morning a fire started in a patient room at the Medical
Center. A nurse sounded the alarm and escorted the patient from the
room. The nursing staff mobilized and moved 36 patients from the area
of the fire. The patients ranged from the wheelchair-bound to the non-
ambulatory and many were on oxygen. Security staff, other employees and
physicians moved in with fire extinguishers. The oxygen supply to the
area was cut off, the sprinkler system activated and the fire was
contained to one room.
The Grand Blanc Fire Department noted that not one patient or
employee was injured during the entire incident. Due to the quick
response by the Genesys staff, patient care was not compromised during
the evacuation. Fire Chief James Harmes has complimented the Genesys
team for their great work during the crisis.
Madam Speaker, the Genesys Regional Medical Center staff put the
well-being of their patients first and they worked together to ensure
each and every patient was moved to safety, the fire was extinguished
expeditiously, and the security of the Medical Center was not
compromised. I ask the House of Representatives to join me in
commending the employees for their unwavering dedication and quick
action.
____________________
INTRODUCTION OF THE AMERICANVIEW GEOSPATIAL IMAGERY MAPPING PROGRAM ACT
______
HON. STEPHANIE HERSETH SANDLIN
of south dakota
in the house of representatives
Tuesday, May 19, 2009
Ms. HERSETH SANDLIN. Madam Speaker, today I am pleased to introduce
the AmericaView Geospatial Imagery Mapping Program Act.
AmericaView is a nationwide program that focuses on satellite remote
sensing data and technologies in support of applied research, K-16
education, workforce development, and technology transfer. AmericaView
is administered through a partnership between the U.S. Geological
Survey and the AmericaView Consortium, which is comprised of over 30
``StateViews.'' The Consortium is the federal government's primary
partner in achieving the program's vision and goals. Specifically,
applied researchers at universities in each member state collaborate
with each other and with government agencies to develop and share
information and techniques for using remote sensing data.
The purpose of this bill is to authorize the AmericaView Geospatial
Imagery Mapping Program. By authorizing this program, Congress
recognizes the important work conducted by the AmericaView Consortium
in collaboration with U.S.G.S. Since the 1970s, the federal government
has invested in earth-observing satellites that provide remote sensing
imagery. When federal geospatial imagery is available in a cost-
effective and timely manner, state, local, and tribal governments as
well as educational institutions are able to develop new scientific,
educational, and practical applications for the data and to adopt new
tools for applied research, education, and training.
The AmericaView program is uniquely positioned to help each state
develop applications and skills necessary to effectively apply
geospatial imagery for multiple state-focused mapping purposes, and to
expand the use and benefits of geospatial imagery for research and
operational purposes within each state.
Thank you, Madam Speaker. I look forward to working with all my
colleagues to promptly pass the AmericaView Geospatial Imagery Mapping
Program Act.
____________________
TRIBUTE TO CHRISTY KURIATNYK
______
HON. LYNN A. WESTMORELAND
of georgia
in the house of representatives
Tuesday, May 19, 2009
Mr. WESTMORELAND. Madam Speaker, I rise today to pay tribute to
Christy Kuriatnyk, named the 2009 Navy Spouse of the Year by Military
Spouse Magazine and USAA.
We often praise our men and women in uniform who put their lives on
the line every day for our freedom and our security. We're aware of the
debt we owe to them but perhaps neglect the unsung heroes they leave
behind on the home front: the spouses and children of our troops.
From among these great Americans, Kuriatnyk has gained singular
acclaim for her outstanding contributions to her community above and
beyond her duties as a military spouse, mother of three and employee of
the Columbus Health Department.
Kuriatnyk holds down the fort in Ellerslie, GA, while her husband,
Lt. Cmdr. Alex Kuriatnyk, is stationed at the Gulfport, MS,
Construction Battalion Center. He is the operations officer there.
Though married to a Navy man, Kuriatnyk often works on behalf of Army
families stationed at nearby Fort Benning. She's an active volunteer
for Operation Homefront and she's helped organize baby showers for Army
spouses and ``My Mommy/Daddy's Deployment Party'' for the children of
Fort Benning soldiers who have gone overseas. As the daughter of a
Korean War vet, she has a special bond with these children and she
knows the anxiety they feel when their parents are deployed.
Kuriatnyk's work on behalf of children has benefited all of Georgia,
not just her fellow military families. She's created programs that have
advanced the causes of booster seat use, lead-free toys and skateboard
safety.
I'm proud to have this great patriot as a constituent in Georgia's
3rd Congressional District. I call on my colleagues in the House to
join me in congratulating Christy Kuriatnyk on attaining this honor and
in thanking her for all of the time and energy she devotes to our
beloved military families. She'll represent military families with
distinction as the 2009 Navy Spouse of the Year.
____________________
THE WOUNDED VETERAN JOB SECURITY ACT
______
HON. JOHN T. SALAZAR
of colorado
in the house of representatives
Tuesday, May 19, 2009
Mr. SALAZAR. Madam Speaker, I rise today in support of H.R. 466 the
Wounded Veteran Job Security Act.
It is more important than ever that we support this bill because of
the difficult economic times facing our nation.
American servicemen and women put their lives on the line every day
to ensure our freedoms.
Across the globe, U.S. troops are engaging in combat and humanitarian
missions that place them in harms way.
Regardless of the danger, generations of Americans continue to answer
the call of duty.
My father was an Army Staff Sergeant during World War II.
My brother and I served in the Army during the Vietnam era.
Most recently, my son's Army National Guard unit was activated after
the September 11th attacks.
As a former member of the House Committee on Veteran's Affairs, I
worked with my colleagues to ensure that Veterans had opportunities to
find a job once they returned home.
It is important that veterans not only find a job, but they are not
penalized by their employer for injuries or illnesses they received in
the service of their nation.
A stable career path is essential to ensuring a seamless transition
into civilian life.
It is unacceptable to merely provide equipment to protect our troops
in combat without also having policies in place to protect them once
they return home.
I hope to work with my colleagues on both sides of the aisle to
create policy that helps our veterans and their families prosper and
enjoy the freedoms they helped to ensure.
[[Page 12924]]
____________________
ASIAN PACIFIC AMERICAN HERITAGE MONTH
______
HON. BARBARA LEE
of california
in the house of representatives
Tuesday, May 19, 2009
Ms. LEE of California. Madam Speaker, I rise today in celebration of
Asian Pacific American Heritage Month.
Asian Pacific American Heritage Week was first established in 1978
through a joint congressional resolution. The first 10 days of May were
chosen to coincide with two key anniversaries--the arrival in the U.S.
of the first Japanese immigrants on May 7, 1843 and the completion of
the transcontinental railroad on May 10, 1869. Fourteen years later,
Congress expanded the week to a month-long celebration.
Today, I am proud to join with all Americans in celebrating the
tremendous contributions of the Asian American and Pacific Islander,
AAPI, community in to this country. The AAPI community is the fastest-
growing minority group in the United States. The Census Bureau
estimates that by 2050 more than 33.4 million Asian Americans will live
in the United States.
I am extremely proud to represent several emerging AAPI neighborhoods
in my District representing cultures from Vietnam, Korea and China just
to name a few. In particular, the Chinatown neighborhood located in
Oakland, California has grown and evolved into one of the most cohesive
and vibrant business and arts communities in the, Ninth Congressional
District.
As we celebrate Asian Pacific American Heritage Month, I encourage
the people of my district and this nation to learn about the rich and
proud heritage of Asian Pacific Americans.
____________________
HONORING THE OAR OF FAIRFAX COUNTY'S 2009 VOLUNTEER AND COMMUNITY
PARTNER AWARDEES
______
HON. GERALD E. CONNOLLY
of virginia
in the house of representatives
Tuesday, May 19, 2009
Mr. CONNOLLY of Virginia. Madam Speaker, I rise today to pay tribute
to Opportunities, Alternatives and Resources (OAR) of Fairfax County
and its 2009 Volunteer and Community Partner Awardees.
OAR of Fairfax County is a community-based non-profit with 38 years
of experience providing a continuum of pre-release and post-
incarceration services for offenders and their families in Fairfax
County. OAR's mission is to rebuild lives and break the cycle of crime
with opportunities, alternatives and resources for offenders to create
a safer community. To accomplish this, OAR's professional staff and its
trained volunteers develop, promote, and operate cost-effective
programs to restore criminal offenders to productive roles in the
community. OAR also offers options to prosecution and/or incarceration
and provides support services to families. In offering assistance to
offenders, OAR promotes the principles of restorative justice, which
holds offenders accountable for their crimes and requires that they
provide restitution for the harm caused to the entire community.
The effectiveness of OAR is evident. In 2006, OAR provided services
to more than 3,000 clients. In addition, OAR of Fairfax has been
recognized by the Catalogue for Philanthropy as one of the best small
charities in Greater Washington.
OAR would not be able to achieve these stellar results without the
selfless dedication of its volunteers. It is my honor to enter into the
Congressional Record, the names of the OAR 2009 Volunteer and Community
Partner Awardees:
Volunteers of the Year: Linda Grill of Clifton and Dana McMillen-Paz
of Fairfax
William H. Sandweg Award for Advocacy and Financial Support: The Apex
Foundation of Herndon
The Nancy Cornelius Memorial Award for Leadership and Support in the
Criminal Justice Community: Col. David M. Rohrer, Chief, Fairfax County
Police Department
Marjorie Ginsburg Award for Service to Families: St. Mary of Sorrows
Catholic Church, Fairfax, Carol Mayfield, Social Ministry Director
Corporate Partner Award: Casual Male Big & Tall Outlet Store,
Woodbridge
Executive Director's Award: Lonny Ford of Gainesville
Madam Speaker, I ask my colleagues to join me in expressing gratitude
for the efforts of these volunteers and their colleagues at OAR of
Fairfax County. The selfless commitment of these individuals provides
enumerable benefits to Northern Virginia and life-changing services to
the clients and families being served.