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

Vol. 156 WASHINGTON, THURSDAY, MAY 13, 2010 No. 72 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE CLEAN AND SAFE ENERGY called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the INDEPENDENCE pore (Ms. JACKSON LEE of Texas). gentleman from New Mexico (Mr. (Mr. TIM MURPHY of Pennsylvania f HEINRICH) come forward and lead the asked and was given permission to ad- House in the Pledge of Allegiance. dress the House for 1 minute.) DESIGNATION OF THE SPEAKER Mr. HEINRICH led the Pledge of Alle- Mr. TIM MURPHY of Pennsylvania. PRO TEMPORE giance as follows: Madam Speaker, when it comes to ex- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the ploring for Earth’s natural resources, fore the House the following commu- United States of America, and to the Repub- there can be no compromise on safety. nication from the Speaker: lic for which it stands, one nation under God, The recent catastrophe in the Gulf of indivisible, with liberty and justice for all. WASHINGTON, DC, Mexico reminds us that the safety of May 13, 2010. f our workers and the environment can- I hereby appoint the Honorable SHEILA ANNOUNCEMENT BY THE SPEAKER not be taken for granted. JACKSON LEE to act as Speaker pro tempore PRO TEMPORE There are 3,500 oil rigs in the Gulf of on this day. The SPEAKER pro tempore. The Mexico. Accidents are extremely rare, NANCY PELOSI, and our goal needs to be zero tolerance. Speaker of the House of Representatives. Chair will entertain up to five requests We are better off having high standards f for 1-minute speeches on each side of the aisle. and drilling for our own oil than cross- PRAYER ing our fingers and hoping that other f countries will adhere to our standards. The Chaplain, the Reverend Daniel P. THE DISCLOSE ACT We have to pursue safe drilling, and Coughlin, offered the following prayer: use our own resources to clean our air, Congress opens another day of work (Mr. HEINRICH asked and was given permission to address the House for 1 land, and water. The U.S. can reap be- with a moment of prayer, Lord. In tween $2.2 trillion and $3.7 trillion in doing so, it sets an example for the minute.) Mr. HEINRICH. Madam Speaker, like revenues and use our own offshore oil people of this Nation whose govern- most Americans I am outraged by the and gas to fund cleaning up our Na- ment is of the people. Supreme Court’s decision in the Citi- tion’s waterways, build energy efficient Only in and through reflection and zens United case that overturned dec- transportation systems, and invest in prayer will Your people grow in virtue. ades of law that prohibited corpora- clean coal, nuclear, wind, solar, geo- To retain its strength and moral integ- tions from spending unlimited money thermal, and other renewable energy rity, this Republic needs reflective and in political campaigns. The Citizens sources. virtuous people. So we pray. United decision was a victory for the H.R. 2227 does just that. We create We pray not only for ourselves, but Wall Street banks, credit card compa- millions of jobs, don’t borrow money for all those whose lives are touched by nies and Big Oil, but it was a slap in from China, stop sending billions to our own. We pray for all those whose the face to average Americans. OPEC, and don’t raise taxes. So instead lives will be affected by our decisions Today, I am proud to announce that of running up record deficits, instead of and our actions in the work set before I am cosponsoring the Disclose Act, having millions without jobs, let’s get us. which is a direct response to the Citi- Americans back to work and pass H.R. Be with us now, Lord God Almighty, zens United decision. The Disclose Act 2227, the American Conservation and for we acknowledge You in the begin- will increase transparency and disclo- Clean Energy Independence Act. Amer- ning and seek You and that Your will sure of political spending. It will pre- ica can’t keep waiting. be done in the end. Amen. vent foreign corporations from places f f like Venezuela and Saudi Arabia from influencing American elections, and it ASIAN PACIFIC AMERICAN THE JOURNAL will ensure that corporations that took HERITAGE MONTH The SPEAKER pro tempore. The money in the Bush bailout can’t spend (Ms. LORETTA SANCHEZ of Cali- Chair has examined the Journal of the that money to influence our elections. fornia asked and was given permission last day’s proceedings and announces It is time we put the American voter to address the House for 1 minute and to the House her approval thereof. first and stop corporate excess in our to revise and extend her remarks.) Pursuant to clause 1, rule I, the Jour- elections. The Disclose Act will do just Ms. LORETTA SANCHEZ of Cali- nal stands approved. that. fornia. Madam Speaker, I rise today to

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3444 CONGRESSIONAL RECORD — HOUSE May 13, 2010 honor Asian Pacific American Heritage Mr. KLEIN of Florida. Madam Speak- for 1 minute and to revise and extend Month. er, I rise today to recognize one of the his remarks.) As the Representative of the 47th great leaders in my district in South Mr. MCDERMOTT. Madam Speaker, Congressional District of California, I Florida—Frank Herhold. over this past weekend our Nation lost have a very diverse community, and a Frank is the executive director of the one of the great champions of the un- lot of them fall into the Asian and Pa- Marine Industries Association of South employment insurance system. cific Islander American community. As Florida, a position he has held since Jerry Hildebrand was the Chief of a proud cosponsor of House Resolution 1990. Even before taking on this leader- Legislation for Unemployment Insur- 435, which celebrates Asian Pacific ship role, Frank operated a shipyard of ance at the Department of Labor, and American Heritage Month, I would like his own, bringing his total career in he was intricately involved in every to first thank the Congressional Asian the marine industry to over 30 years. major UI reform over the past several Pacific American Caucus for recog- After decades of hard work, Frank will decades. nizing the important contributions be retiring this summer. I would per- Most recently, Jerry had been instru- made by their community to our Na- sonally like to thank him for his hard mental in ensuring the delivery of ex- tion. work and dedication to our commu- tended unemployment benefits and in For the past 14 years, I have wit- nity. helping States navigate reforms to nessed firsthand the rich culture and The marine industry is critical to their unemployment systems with the contributions that the Asian Pacific Is- South Florida’s economy, and, under help of UI Modernization Grants. His lander community brings to my dis- Frank’s leadership, the Fort Lauder- advice about the possible impact of trict in Orange County. The commu- dale International Boat Show has be- policy before enactment and his skill- nity is an integral component of Or- come the world’s largest, pumping mil- ful work on implementation after the ange County, and we see leadership all lions of dollars into our local economy. passage of legislation will be sorely over the place in Orange County from Frank is the consummate profes- missed. that community increasingly, as lead- sional and friend, and it was a pleasure He took his daughter to college this ers in academia and the arts and gov- to work with him as we reformed weekend, and then dropped dead. Our ernment and the military and in the Longshore insurance together and thoughts and prayers go out to Jerry’s private sector. tackled other issues essential to the family, as well as to his colleagues at I would like to recognize all of the marine industry. the Department of Labor. Jerry community partners and their out- Frank, I wish you the best in your re- Hildebrand made our government work standing service in the Asian Pacific tirement, and thank you for your serv- for the people, and that contribution Islander American community of Or- ice to South Florida. will surely live on. ange County and their continued ef- f f forts. MORE COSTLY DISCLOSURES AMERICA COMPETES ACT f ABOUT GOVERNMENT HEALTH (Ms. SCHWARTZ asked and was HARVARD STUDY CARE TAKEOVER given permission to address the House (Mr. PITTS asked and was given per- (Mr. WILSON of South Carolina for 1 minute and to revise and extend her remarks.) mission to address the House for 1 asked and was given permission to ad- Ms. SCHWARTZ. Today, the House of dress the House for 1 minute and to re- minute and to revise and extend his re- Representatives will take a significant vise and extend his remarks.) marks.) step towards advancing American inno- Mr. PITTS. Madam Speaker, the Fed- Mr. WILSON of South Carolina. vation and strengthening American eral Government is deep in debt and Madam Speaker, more costly disclo- competitiveness with the America sures continue to come out about the digging fast. We all know the impor- COMPETES Act. tance of balancing the Federal budget, government health care takeover. And This bipartisan proposal will expand but we disagree on how to do that. How why should we be surprised, when public-private collaboration, assist in- can we reduce the deficit without hurt- Speaker PELOSI told the American peo- dustry and manufacturers, improve ing our economy? Do we cut spending, ple that we need to—and I quote—‘‘pass science and mathematics education, or do we raise taxes? the bill so we can find out what is in and create new, good-paying jobs. It ac- I have here an analysis from two Har- it’’? complishes this by continuing the De- vard professors looking at how large The more we find out, the worse it partment of Energy’s Advanced Re- changes in fiscal policy affect deficits looks. The latest analysis by the non- search Projects, devoted to next-gen- and economies. Their research shows partisan Congressional Budget Office eration energy research and develop- that ‘‘fiscal adjustments based upon reveals that the health care takeover ment projects; providing loan guaran- spending cuts and no tax increases are will cost at least $115 billion more than tees for small- and medium-sized man- more likely to reduce deficit and debt originally estimated. This follows last ufacturers to enable them to access over GDP ratios than those based on month’s CMS report that highlighted capital and become more efficient; and tax increases.’’ health care costs will increase by $311 by promoting more research and devel- The authors looked at decades of eco- billion over the next 10 years, and will opment initiatives. nomic data around the world and came force millions of seniors off their cur- This bill is supported by more than to the conclusion that it is best to go rent Medicare coverage. 750 businesses and academic organiza- about reducing large deficits through Washington must stop promising one tions, including the U.S. Chamber of government restraint and spending thing and delivering another, particu- Commerce, the National Association of cuts. larly when it comes to price tags. If Manufacturers, National Venture Cap- Some think that we can keep spend- Congress continues to drag its feet, ital Association, and the Biotech In- ing recklessly, raise taxes, and balance runaway deficits and unsustainable dustry Organization. the books. This study shows that we debt are sure to cripple our economy This continuing initiative is part of must get our spending under control. and would lead us down the same path the Democratic solution to promote in- Raising taxes only kills jobs in our as Greece. novation and new technology in both economy, leaving the government in an In conclusion, God bless our troops, older and new industries, prepare a even worse fiscal situation. and we will never forget September skilled workforce, enhance our eco- This study is available on my Web 11th in the Global War on Terrorism. nomic competitiveness, and build a site. I encourage all to examine it. My sympathy to the family of Betty strong 21st century national economy. f Jackson Mack of Gaston, South Caro- f lina. RECOGNIZING FRANK HERHOLD AMERICA COMPETES f (Mr. KLEIN of Florida asked and was REAUTHORIZATION ACT OF 2010 given permission to address the House PASSING OF JERRY HILDEBRAND The SPEAKER pro tempore (Mrs. for 1 minute and to revise and extend (Mr. MCDERMOTT asked and was HALVORSON). Pursuant to House Reso- his remarks.) given permission to address the House lution 1344 and rule XVIII, the Chair

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3445 declares the House in the Committee of larly women and underrepresented mi- AMENDMENT NO. 38 OFFERED BY MRS. the Whole House on the state of the norities, transition from a 2-year to a HALVORSON Union for the further consideration of 4-year institution. It will ensure that The Acting CHAIR. It is now in order the bill, H.R. 5116. all students, regardless of ethnicity or to consider amendment No. 38 printed in part B of House Report 111–479. b 1014 socioeconomic status, are afforded every opportunity to enter STEM Mrs. HALVORSON. Madam Chair, I IN THE COMMITTEE OF THE WHOLE fields. Without my amendment, we risk have an amendment at the desk. Accordingly, the House resolved leaving Sylvia behind. We risk leaving The Acting CHAIR. The Clerk will designate the amendment. itself into the Committee of the Whole her without the skills to earn a high- House on the State of the Union for the The text of the amendment is as fol- paying job that will provide her with lows: further consideration of the bill (H.R. the means to support her family and 5116) to invest in innovation through Amendment No. 38 offered by Mrs. the skills to power our economic HALVORSON: research and development, to improve growth. Page 106, line 3, strike ‘‘CONSIDERATIONS.— the competitiveness of the United Forty-four percent of all STEM bach- In’’ and insert ‘‘CONSIDERATIONS.— States, and for other purposes, with elor’s degree holders attend commu- (1) IN GENERAL.—In’’. Ms. JACKSON LEE of Texas (Acting nity college at some point in their ca- Page 106, line 8, insert ‘‘and veterans’’ after Chair) in the chair. reers. Many of these students represent ‘‘1885b)’’. The Clerk read the title of the bill. Page 106, after line 8, insert the following the neediest in our society. They are new paragraph: The Acting CHAIR. When the Com- the ones who sacrifice so much just to (2) DEFINITION.—For purposes of this sub- mittee of the Whole rose on Wednes- better themselves and improve their section, the term ‘‘veteran’’ means a person day, May 12, 2010, a request for a re- chance of success. Nationally, commu- who— corded vote on amendment No. 34 nity college students are older, more (A) served on active duty (other than ac- printed in part B of House Report 111– likely to receive financial aid, are tive duty for training) in the Armed Forces 479 by the gentleman from Ohio (Mr. more likely to be the first in their fam- of the United States for a period of more BOCCIERI) had been postponed. than 180 consecutive days, and who was dis- ily to attend college, and are more charged or released therefrom under condi- AMENDMENT NO. 36 OFFERED BY MS. CHU likely to work while earning their de- tions other than dishonorable; or The Acting CHAIR. It is now in order gree. These students are the embodi- (B) served on active duty (other than ac- to consider amendment No. 36 printed ment of the American Dream, and they tive duty for training) in the Armed Forces in part B of House Report 111–479. must not be forgotten. of the United States and was discharged or Ms. CHU. I have an amendment at As a former professor at East Los An- released from such service for a service-con- the desk. geles College, I’m all too familiar with nected disability before serving 180 consecu- The Acting CHAIR. The Clerk will the hurdles these students face in tive days. designate the amendment. working toward any bachelor’s degree, For purposes of subparagraph (B), the term The text of the amendment is as fol- much less those in the natural sciences ‘‘service-connected’’ has the meaning given such term under section 101 of title 38, lows: or engineering. We need these students United States Code. to succeed. By 2050, racial and ethnic Amendment No. 36 offered by Ms. CHU: The Acting CHAIR. Pursuant to Page 103, line 22, insert ‘‘, including from a minorities will make up over half of House Resolution 1344, the gentle- 2-year to a 4-year institution’’ after ‘‘to an- the college-age population. If we don’t other’’. woman from Illinois (Mrs. HALVORSON) help them enter the most techno- and a Member opposed each will con- The SPEAKER pro tempore. Pursu- logically competitive fields, we face a trol 5 minutes. ant to House Resolution 1344, the gen- future in which America is no longer at The Chair recognizes the gentle- tlewoman from California (Ms. CHU) the forefront of innovation. woman from Illinois. and a Member opposed each will con- I urge support of my amendment and Mrs. HALVORSON. Madam Chair, I trol 5 minutes. the overall bill so that Sylvia and so yield myself such time as I may con- The Chair recognizes the gentle- many other students like her have the sume. woman from California. skills they need to be competitive and I would also like to thank the gen- b 1015 to ensure America will stay competi- tleman from Tennessee, Chairman tive tomorrow. GORDON, for his very hard work on this Ms. CHU. Today, a woman sits in a I reserve the balance of my time. very important legislation that will classroom at East Los Angeles College, Mr. HALL of Texas. Madam Chair- spur innovation, modernize our manu- taking notes diligently as her professor woman, I rise to claim time in opposi- facturing base, and prepare our work- explains the different types of inor- tion to this amendment, although I do force for the next generation of good- ganic chemical reactions. Sylvia is the not intend to oppose it. paying jobs. first in her family to attend college. The Acting CHAIR. Without objec- I rise today in support of my amend- She can barely afford the low tuition tion, the gentleman is recognized for 5 ment to the America COMPETES Re- rate, even though she works full time minutes. authorization Act. My amendment is to help pay for books and put food on There was no objection. very simple. It will help expand career the table. She is the embodiment of the Mr. HALL of Texas. We have no ob- opportunities in science and engineer- American Dream—studying, perse- jection to the amendment, and I re- ing for veterans of our armed services. vering, working, all with the hope of serve the balance of my time. As the only Member from my State transferring to a 4-year college to earn Ms. CHU. Madam Chair, I yield the that serves on the House Committee on her bachelor’s degree in chemistry. balance of my time to the distin- Veterans’ Affairs, I am proud to stand But the road ahead is tough. She guished chairperson of the committee, up for the brave men and women who struggles to find rigorous courses that Mr. GORDON of Tennessee. have served our country and our mili- meet the demands of the 4-year institu- Mr. GORDON of Tennessee. Let me tary. It is important for us to stand up tions. She doesn’t have access to a just add that this is an excellent for them not only when they are on Ac- chemistry lab and her community col- amendment that makes a good bill bet- tive Duty, but also when they return lege cannot provide the research oppor- ter; a good, bipartisan bill even better. home. tunities available to her fellow stu- And I thank the gentlelady for the con- Unfortunately, too many of our vet- dents at larger universities. But she tent of this amendment. erans have difficulty finding jobs when represents our path to economic recov- Ms. CHU. Madam Chair, I yield back they transition back into civilian life. ery. Her success is imperative to ensur- the balance of my time. With the veterans’ unemployment rate ing a skilled and diverse workforce for Mr. HALL of Texas. Madam Chair, I at about 13 percent, well above the na- our Nation’s future. yield back the balance of my time. tional average, we need to do every- That’s why I have introduced to the The Acting CHAIR. The question is thing we can to provide veterans with America COMPETES Act an amend- on the amendment offered by the gen- career opportunities. The America ment to include the community college tlewoman from California (Ms. CHU). COMPETES Reauthorization Act es- and to help STEM students, particu- The amendment was agreed to. tablishes a new postdoctoral research

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3446 CONGRESSIONAL RECORD — HOUSE May 13, 2010 fellowship program at the National tional training, they are well posi- Madam Chair, I rise in support of the Science Foundation. This program will tioned to continue serving their coun- Kratovil-Connolly amendment to the award competitive, merit-based re- try through research discoveries that America COMPETES Act, as well as in search fellowships for up to 3 years to will benefit society and improve our support of the underlying bill. I would graduates who have recently completed economic competitiveness. first like to thank the chairman, Mr. a doctoral degree in a field supported I urge my colleagues to support this GORDON, for allowing the amendment by the foundation. My amendment will amendment. and also for the opportunity to speak instruct the director of the foundation Mr. HALL of Texas. Madam Chair, I on its behalf. And I also want to thank to give consideration to the goal of yield back the balance of my time. my colleague and friend, Mr. promoting participation by veterans Mrs. HALVORSON. Madam Chair, I CONNOLLY, for his leadership on this when evaluating applications. yield back the balance of my time. issue as well. Many of our Nation’s veterans spe- The Acting CHAIR. The question is Simply put, Madam Chair, our cialize in science and engineering fields on the amendment offered by the gen- amendment seeks to inspire students during their service in the military, tlewoman from Illinois (Mrs. HALVOR- to enter the exciting, fascinating, and and some of them even had the oppor- SON). often times lucrative fields of science tunity to pursue advanced degrees in The question was taken; and the Act- and innovation, by presenting them these fields during their service. Others ing Chair announced that the ayes ap- with real life experiences of the men choose to continue their education in peared to have it. and women who are leaders in these science and engineering by pursuing Mrs. HALVORSON. Madam Chair, I fields. Our amendment would encour- doctorate degrees after they leave Ac- demand a recorded vote. age Federal employees working in the The Acting CHAIR. Pursuant to tive Duty. My amendment will help fields of science and engineering to vol- clause 6 of rule XVIII, further pro- these uniquely qualified veterans build unteer their time and expertise in ceedings on the amendment offered by careers in science and engineering by STEM educational activity. By sharing the gentlewoman from Illinois will be encouraging them to compete for the their stories with students, we hope to postponed. new National Science Foundation encourage students to study and pursue AMENDMENT NO. 44 OFFERED BY MR. KRATOVIL postdoctoral research fellowships es- similar careers while preparing them The Acting CHAIR. The Chair under- tablished by this bill. When our vet- for the competitive 21st-century global stands that the amendments numbered erans ask for the opportunity to con- economy and workforce. tinue serving their country in the next 40 and 41 will not be offered at this Expanding and strengthening science generation of jobs, we should give them time. and technology curricula will provide It is now in order to consider amend- that chance, which is what my amend- students with the tools they need to ment No. 44 printed in part B of House ment seeks to do. enter the workforce. Our amendment Once again, I thank Chairman GOR- Report 111–479. builds on this foundation by encour- DON and his staff for working with me Mr. KRATOVIL. Madam Chair, I have aging Federal scientists and engineers on this amendment, and I ask for the an amendment at the desk. already working in these fields to vol- support of my colleagues. The Acting CHAIR. The Clerk will Madam Chair, I reserve the balance designate the amendment. unteer their time and expertise to of my time. The text of the amendment is as fol- teach today’s students how careers in Mr. HALL of Texas. Madam Chair- lows: these fields not only support American woman, I rise to claim time in opposi- Amendment No. 44 offered by Mr. competitiveness but can contribute to tion to this amendment, although I do KRATOVIL: their own professional growth. not oppose it. Page 149, after line 21, insert the following The America COMPETES Act will The Acting CHAIR. Without objec- new section: strengthen America’s role in an in- tion, the gentleman is recognized for 5 SEC. 305. ENCOURAGING FEDERAL SCIENTISTS creasingly competitive world while our AND ENGINEERS TO PARTICIPATE IN amendment will bolster this effort by minutes. STEM EDUCATION. There was no objection. Not later than 6 months after the date of encouraging scientists and engineers to Mr. HALL of Texas. In fact, I’m in enactment of this Act, the Director of the share their real-world experiences with strong support of the amendment, as it Office of Science and Technology Policy, in what we hope will be future scientists reemphasizes language that I had ac- consultation with the Department of Edu- and engineers. cepted at the full committee markup cation, shall develop a policy to— I urge my colleagues to support this and is now included in title VII. In my (1) increase volunteerism in STEM edu- amendment, as well as the underlying opinion, we can’t do enough to assist cation activities by encouraging scientists bill. our veterans who are returning to and engineers from Federal science agencies I reserve the balance of my time. conducting nonmilitary scientific research school after putting their lives on the and development, including scientists and Mr. HALL of Texas. Madam Chair- line so that all of us can enjoy the free- engineers of the federally funded research woman, I rise to claim time in opposi- doms that we have in this country. and development centers supported by those tion to the amendment, although I do Likewise, I remain committed to help- agencies, to volunteer in STEM education not intend to oppose it. ing those institutions of higher edu- activities, and by providing administrative The Acting CHAIR. Without objec- cation that are also going above and support for such scientists and engineers to tion, the gentleman is recognized for 5 beyond the norm in helping our vet- engage in such volunteerism; and minutes. erans receive their education. (2) support increased communication and There was no objection. I reserve the balance of my time. partnerships between scientists and engi- Mr. HALL of Texas. Madam Chair, I Mrs. HALVORSON. Madam Chair, I neers from Federal science agencies con- ducting nonmilitary scientific research and support this amendment and would yield the remainder of my time to the development, including scientists and engi- hope if it is accepted, the chairman gentleman from Tennessee, Chairman neers of the federally funded research and de- would continue to work with us to GORDON. velopment centers supported by those agen- clarify the administrative language as Mr. GORDON of Tennessee. I thank cies, and elementary and secondary schools we move to conference. the gentlelady and I commend my and teachers through volunteerism in STEM Madam Chair, I reserve the balance friend, the ranking member, Mr. HALL, education activities. of my time. for his continued commitment to vet- The Acting CHAIR. Pursuant to Mr. KRATOVIL. Madam Chair, I erans from World War II, like himself, House Resolution 1344, the gentleman yield such time as he may consume to and beyond. I also want to thank the from Maryland (Mr. KRATOVIL) and a the gentleman from Virginia (Mr. gentlelady from Illinois for her good Member opposed each will control 5 CONNOLLY). work on the Veterans Affairs’ Com- minutes. mittee and for this amendment pro- The Chair recognizes the gentleman b 1030 moting the inclusion of veterans in our from Maryland. Mr. CONNOLLY of Virginia. Madam STEM workforce. Mr. KRATOVIL. Madam Chair, I Chair, I thank my friend Mr. KRATOVIL Many of our veterans have technical yield myself such time as I may con- from Maryland for his leadership, and I backgrounds already. With some addi- sume. thank the chairman and the ranking

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3447 member of the committee for their It is now in order to consider amend- ment, even though I am not opposed to leadership on this important topic of ment No. 50 printed in part B of House the amendment. STEM education. Report 111–479. The Acting CHAIR. Without objec- My 14 years in local government, Mr. FLAKE. Madam Chairman, I rise tion, the gentleman is recognized for 5 helping to manage the 12th-largest as the designee of the gentleman from minutes. school district in the United States and Illinois (Mr. QUIGLEY). There was no objection. home to the number one high school in The Acting CHAIR. The Clerk will Mr. GORDON of Tennessee. Madam the United States 3 years in a row, a designate the amendment. Chair, I rise in strong support of this STEM high school, Thomas Jefferson, The text of the amendment is as fol- good bipartisan amendment by my has taught me how important mathe- lows: friend from Arizona (Mr. FLAKE) and matics, science, engineering, and tech- Amendment No. 50 offered by Mr. FLAKE: Mr. QUIGLEY from Illinois. nology are for the future of our coun- Page 127, after line 13, insert the following This amendment recognizes the im- try, for competitiveness, American new section: portance of attracting and retaining competitiveness. In a recent inter- SEC. 256. SENSE OF CONGRESS. the best and brightest young scientists national assessment of 15-year-old stu- It is the sense of Congress that retaining from around the world here to the dents, the United States ranked 28th in graduate-level talent trained at American United States. The ability of our Na- math literacy and 24th in science lit- universities in Science, Technology, Engi- tion to innovate and to compete in a eracy. We can and must do better, and neering, and Mathematics (STEM) fields is global economy is built on a founda- critical to enhancing the competitiveness of tion of basic research. Our universities’ this amendment, I think, will move us American businesses. a long way toward that goal so that postdoctoral fellows, master’s and The Acting CHAIR. Pursuant to every community in America will have Ph.D. students serve as the engine that House Resolution 1344, the gentleman this opportunity, and our children will drives our research enterprise. It is es- from Arizona (Mr. FLAKE) and a Mem- have a bright future in the sciences, in sential that we retain these STEM ber opposed each will control 5 min- math, in technology, and in engineer- workers in the U.S. utes. ing. I urge my colleagues to support this The Chair recognizes the gentleman Mr. HALL of Texas. Madam Chair- bipartisan amendment, which makes a from Arizona. man, I yield back the balance of my bipartisan bill even better, and I think Mr. FLAKE. I thank the Chair. I be- time. it’s the reason, Madam Chair, that this lieve this amendment is noncontrover- Mr. KRATOVIL. Madam Chair, I bill has received so much support. Over sial in nature. It merely adds sense of yield as much time as he may consume 1,000 major organizations and compa- Congress language to the bill express- to the gentleman from Tennessee, nies have endorsed this bill. The U.S. ing that, ‘‘retaining graduate-level tal- Chairman GORDON. Chamber of Commerce, the National ent trained at American universities in Mr. GORDON of Tennessee. Let me Association of Manufacturers, the In- STEM fields is critical to enhancing formation Technology Industry Coun- inquire, how much time is left? the competitiveness of American busi- The Acting CHAIR. The gentleman cil, the Business Roundtable, the Coun- nesses.’’ cil on Competitiveness, the National from Maryland has 21⁄4 minutes. The According to the National Science Venture Capital Association gentleman from Texas has yielded back Foundation, foreign students receive his time. TechAmerica, TechNet, Technology about half of all doctorates in engi- CEO Council, Telecommunications In- Mr. GORDON of Tennessee. First let neering, mathematics, computer me say, Madam Chair, to my friend and dustry Association, Energy Sciences sciences, physics, and economics that Coalition, the Biotechnology Industry ranking member, I am not sure what are awarded in the United States. Un- the technical corrections are that he is Association, on and on and on. So this fortunately, growing backlogs in proc- is a good amendment to a good bill, concerned about, but I assure you that essing applications hamper the flexi- we will certainly start working on that and I urge its adoption. bility of U.S. employers to hire for- Mr. FLAKE. I thank the gentleman, to clean up any language that needs to eign-born talent with advanced degrees the chairman of the committee, for be cleaned up. from American universities. These hur- agreeing to accept his amendment and Additionally, I rise to support this dles affect even doctoral graduates in for his support of this initiative, and good amendment. Scientists and engi- STEM fields trained at U.S. univer- for the ability of our economy to keep neers at the Federal science agencies sities, who either return home or seek those who will help lead them into the have the experience and expertise to employment in a country with a more future and help ensure that jobs stay contribute greatly to STEM education. welcoming immigration system. The here as to the extent possible. I urge Whether it is through helping a teacher loss of Ph.D. talent, trained at U.S. in- adoption of the amendment. with a hands-on activity in the class- stitutions and due to immigration red- I yield back the balance of my time. room, assisting with a local robotics tape, to our competitors makes little Mr. GORDON of Tennessee. I yield competition, or serving as a mentor to sense, and it harms our economy. back the balance of my time. a student, there are a variety of ways Researchers at Duke University and The Acting CHAIR. The question is in which Federal scientists and engi- the University of California-Berkeley on the amendment offered by the gen- neers can volunteer their time to help found that from 1995 to 2005, more than tleman from Arizona (Mr. FLAKE). improve STEM education. This amend- a quarter of engineering and tech- The question was taken; and the Act- ment would increase volunteerism by nology companies started in the U.S. ing Chair announced that the ayes ap- scientists and engineers working in had at least one foreign-born founder, peared to have it. Federal agencies and would encourage and in 2006, these companies employed Mr. FLAKE. Madam Chair, I demand the agencies to provide administrative 450,000 workers and produced $52 billion a recorded vote. support for those scientists and engi- in sales. This amendment is supported The Acting CHAIR. Pursuant to neers to volunteer their time. I urge by COMPETE America, American clause 6 of rule XVIII, further pro- my colleagues to support this good bi- Council on International Personnel, ceedings on the amendment offered by partisan amendment. and TechAmerica. the gentleman from Arizona will be Mr. KRATOVIL. I yield back the re- I urge its adoption. This is impor- postponed. mainder of my time. tant. We need to ensure that our econ- AMENDMENT NO. 51 OFFERED BY MR. SALAZAR The Acting CHAIR. The question is omy is competitive moving forward, The Acting CHAIR. It is now in order on the amendment offered by the gen- and we need to ensure that we have to consider amendment No. 51 printed tleman from Maryland (Mr. KRATOVIL). graduates in these STEM fields who in part B of House Report 111–479. The amendment was agreed to. can be here and lead these research ef- Mr. SALAZAR. Madam Chair, I rise AMENDMENT NO. 50 OFFERED BY MR. FLAKE forts. today to offer an amendment to H.R. The Acting CHAIR. The Chair under- I reserve the balance of my time. 5116. stands that amendment No. 45 will not Mr. GORDON of Tennessee. I rise to The Acting CHAIR. The Clerk will be offered at this time. claim time in opposition to the amend- designate the amendment.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3448 CONGRESSIONAL RECORD — HOUSE May 13, 2010 The text of the amendment is as fol- the country’s dependence on foreign Mr. SCHOCK. Madam Chairman, I lows: sources of energy. have an amendment at the desk. Amendment No. 51 offered by Mr. SALAZAR: I encourage my colleagues on both The Acting CHAIR. The Clerk will Page 138, line 5, strike ‘‘and’’. sides of the aisle to lend their support designate the amendment. Page 138, line 9, strike the period and in- to my amendment and the underlying The text of the amendment is as fol- sert ‘‘; and’’. legislation. The America COMPETES lows: Page 139, after line 9, insert the following reauthorization is an important job new paragraph: Amendment No. 52 offered by Mr. SCHOCK: ‘‘(6) professional training for energy audi- creation tool, and will put the nec- Page 191, after line 5, insert the following tors, field technicians, and building contrac- essary funding and focus where it’s new paragraph (and redesignate subsequent tors, in the areas of building energy retrofits needed most. paragraphs accordingly): and audits or related renewable energy tech- With that, Madam Chair, I reserve ‘‘(5) SPECIAL CONSIDERATION.—The Sec- nology installations.’’. the balance of my time. retary shall give special consideration to an The Acting CHAIR. Pursuant to Mr. HALL of Texas. Madam Chair- eligible recipient who agrees to collaborate with local workforce investment area boards. House Resolution 1344, the gentleman woman, I rise to claim time in opposi- from Colorado (Mr. SALAZAR) and a tion to the amendment. The Acting CHAIR. Pursuant to Member opposed each will control 5 The Acting CHAIR. The gentleman is House Resolution 1344, the gentleman minutes. recognized for 5 minutes. from Illinois (Mr. SCHOCK) and a Mem- The Chair recognizes the gentleman Mr. HALL of Texas. In addition to ber opposed each will control 5 min- from Colorado. being too narrowly focused, I do not be- utes. Mr. SALAZAR. Madam Chair, I lieve this type of activity is in the spir- The gentleman from Illinois is recog- would like to thank Chairman GORDON it of what STEM programs really nized for 5 minutes. for this wonderful bill that will actu- should do at the department. There- Mr. SCHOCK. Madam Chairman, I ally create jobs. My amendment adds fore, I oppose the amendment. rise to offer this amendment to the I reserve the balance of my time. training for energy auditors, field tech- America COMPETES Act, which en- Mr. SALAZAR. Madam Chair, this nicians, and building contractors to sures the innovative and intellectual amendment is critical to creating the prowess and technical minds of the cur- promote the use of energy retrofits and job force that would actually help in- energy-efficient technology to the list rently unemployed are taken into ac- crease the number of people that are count during the formation of the un- of programs that may be included in trained for renewable and alternative the Department of Energy’s STEM edu- derlying regional innovation clusters. energies. While I have some reservations about cation activities. With that, Madam Chair, I yield as the current overly broad language in Madam Chair, I have long been an ad- much time as he may consume to the this section of H.R. 5116, I nonetheless vocate for clean energy and a balanced gentleman from Tennessee, Chairman approach to meeting our energy needs believe it is important to provide these GORDON. while preserving our natural resources. Mr. GORDON of Tennessee. Madam regional innovation clusters with the best partnerships available. That is As we continue to expand our use of re- Chair, Mr. SALAZAR’s amendment newable sources of energy, it is impor- would provide DOE with the authority why I’m offering this amendment to in- tant that we have a well trained and to conduct training for energy audi- struct the Secretary of Commerce to knowledgeable workforce in place to tors, field technicians, and building give priority to those innovative clus- take advantage of every job oppor- contractors so they can understand and ters that work with local Workforce In- tunity that is created. promote the use of renewable energy vestment Area, or commonly referred Alternative energy is an economic and energy-efficiency technology. En- to WIA boards. boon for rural districts like the one I ergy efficiency and conservation will The WIA boards serve the unem- represent. The Third Congressional have the greatest near-term impact of ployed by providing them with specific District of Colorado is leading the way any approach to our energy security resources that help them improve their with innovations in solar, wind, and and global climate change concerns. abilities and skills to get hired. Local woody biomass. In the San Luis Valley, Today’s buildings consume 40 percent WIA boards are typically known for where I live, there is currently an 8- of our country’s energy, more than any hosting career fairs, providing con- megawatt solar farm with an addi- other sector of the U.S. economy. A tinuing education assistance, and tional 1,000 megawatts of solar in the new study by scientists at the Depart- working on resume and job improve- works. However, it is critical to reduce ment of Energy’s Lawrence Berkeley ment strategies. WIA boards offer One- the cost to America’s families and our National Laboratory examined the Stop Career Service Centers and take impact on the environment that the workforce needs of the energy-effi- the time to get to know the unem- men and women who build, repair, and ciency service sector and found that ployed citizens in their neighborhood. refurbish our homes and infrastructure there is a shortage of formal training WIA boards are often on the front lines incorporate green technology in their programs in energy efficiency. This of providing assistance to unemployed operations. same study found that the building and workers. They are in the best position In a recent study, scientists at the construction trades and contractors to know the demographics of those who Department of Energy’s Berkeley Lab- have limited awareness of the energy- have been let go from jobs and under- oratory examined the workforce needs efficiency service sector. That is why stand the skills that these displaced of the energy-efficiency services sector. this amendment adds technical train- workers have. They found that the rate of employ- ing for energy professionals to the De- b 1045 ment growth will depend in part on partment of Energy education pro- how effectively the Nation deploys grams authorized under this section, In addition to helping individuals, training and education programs for and it makes a good bipartisan bill WIA boards also work with employers the energy-efficiency workforce. It is even better. to help them fill the jobs they have va- estimated that the size of the energy- Mr. HALL of Texas. Madam Chair- cant. efficiency sector workforce is currently man, I yield back the balance of my In my hometown of Peoria, Illinois, at about 120,000 full-time workers. That time. the WIA board provided 19,094 individ- number would go as high as 400,000 Mr. SALAZAR. Madam Chair, I yield uals with career services last year, a 44 when including part-time workers. If back the balance of my time. percent increase over the previous we want to ensure the growth of job op- The Acting CHAIR. The question is year. The WIA board has recently im- portunities, we must secure the train- on the amendment offered by the gen- plemented a program called JobFit, ing programs that will allow Ameri- tleman from Colorado (Mr. SALAZAR). which is a Web-based job matching and cans to take advantage and excel in The amendment was agreed to. assessment tool that places individuals these fields. By doing so, we will not AMENDMENT NO. 52 OFFERED BY MR. SCHOCK with companies that best suit their only take important steps to reduce The Acting CHAIR. It is now in order personality and skills. It is this type of energy consumption, but we will en- to consider amendment No. 52 printed matching service that will be vital to hance national security by reducing in part B of House Report 111–479. regional innovation clusters.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3449 My amendment uses a similar con- Page 174, after line 13, insert the following: force to address national challenges, includ- cept by encouraging regional innova- SEC. 412. GREEN MANUFACTURING AND CON- ing national security and competitiveness. tion clusters to partner with their STRUCTION. AMENDMENT NO. 37 OFFERED BY MR. ELLSWORTH local WIA board. WIA boards have been The Director shall carry out a green manu- OF INDIANA unsung heroes during these tough eco- facturing and construction initiative to— The text of the amendment is as fol- nomic times, and I believe encouraging (1) develop accurate sustainability metrics lows: and practices for use in manufacturing; partnerships between the WIA boards (2) advance the development of standards Page 246, after line 8, insert the following and regional clusters will allow access and the creation of an information infra- new section: to a well-trained workforce, which will structure to communicate sustainability in- SEC. 704. LIMITATION. have a positive impact on regional eco- formation about suppliers; and No funds authorized to be appropriated by nomic growth, and provide the exper- (3) improve energy performance, service this Act or the amendments made by this tise to bring many of these new manu- life, and indoor air quality of new and retro- Act may be used to purchase gift items, facturing innovation and technology fitted buildings through validated measure- knickknacks, souvenirs, trinkets, or other items without direct educational value. improvements into the marketplace. ment data. AMENDMENT NO. 40 OFFERED BY MR. HEINRICH If the purpose of the regional innova- AMENDMENT NO. 28 OFFERED BY MR. MARSHALL OF NEW MEXICO tion clusters is to spur technological OF GEORGIA innovation, then the Workforce Invest- The text of the amendment is as fol- The text of the amendment is as fol- ment Area boards will be able to pro- lows: lows: vide employees whose skills those in- Page 176, line 6, strike ‘‘within’’ insert the Page 189, line 11, strike ‘‘partnership’’ and novations require. The technology that following: ‘‘, including those focused on the insert ‘‘partnership, a science park, a Fed- eral laboratory’’. will come to the marketplace will need needs of small businesses and rural commu- a skilled workforce to utilize this tech- nities, within’’. AMENDMENT NO. 41 OFFERED BY MR. HEINRICH OF NEW MEXICO nology. As such, local WIA can help to AMENDMENT NO. 29 OFFERED BY MR. MICHAUD The text of the amendment is as fol- match the new technology with skilled OF MAINE employees who are looking for work. The text of the amendment is as fol- lows: At a time when the national unem- lows: Page 245, after line 2, insert the following: ployment rate is 9.9 percent, this com- Page 194, strike lines 1 through 4 and insert Subtitle E—Technology Transfer Database monsense amendment will utilize the the following: SEC. 651. TECHNOLOGY TRANSFER DATABASE. skills of unemployed workers in order ‘‘(2) COLLABORATION.— To support the commercial application of to keep America globally competitive. ‘‘(A) IN GENERAL.—The Secretary shall ex- new energy technologies development by the I urge adoption of this amendment. plore and pursue collaboration with other Department of Energy, the Secretary of En- I reserve the balance of my time. Federal agencies, including through multi- ergy may establish an online database of Mr. GORDON of Tennessee. Madam agency funding opportunities, on regional in- technologies, capabilities, and resources Chair, I claim the time in opposition to novation strategies. available to the public at the National Lab- oratories. the amendment, although I do not op- ‘‘(B) SMALL BUSINESSES.—The Secretary shall ensure that such collaboration with pose the amendment. AMENDMENT NO. 45 OFFERED BY MR. MCNERNEY Federal agencies prioritizes the needs and OF CALIFORNIA The Acting CHAIR. Without objec- challenges of small businesses.’’. tion, the gentleman is recognized for 5 The text of the amendment is as fol- AMENDMENT NO. 30 OFFERED BY MR. MICHAUD minutes. lows: OF MAINE There was no objection. Page 133, line 25, strike ‘‘and’’. Mr. GORDON of Tennessee. I want to The text of the amendment is as fol- Page 133, after line 25, insert the following congratulate the gentleman from Illi- lows: new clause: nois for his outstanding amendment. It Page 191, after line 5, insert the following: ‘‘(vi) marine and hydrokinetic technology ‘‘(C) SPECIAL CONSIDERATION.—The Sec- systems; and would instruct the Secretary of Com- Page 135, line 23, strike ‘‘and’’. merce to give special consideration to retary shall give special consideration to ap- plications from regions that contain commu- Page 135, after line 23, insert the following innovation clusters that partner with nities negatively impacted by trade. new clause: local workforce investment boards. It ‘‘(vi) marine and hydrokinetic technology AMENDMENT NO. 31 OFFERED BY MR. MICHAUD makes a good bipartisan bill better. systems; and OF MAINE I also want to congratulate the gen- AMENDMENT NO. 53 OFFERED BY MR. SPACE OF The text of the amendment is as fol- tleman from Illinois for his recent win OHIO in the 3-mile Capitol Challenge. I think lows: The text of the amendment is as fol- after 20 years it is a good thing we have Page 131, line 22, insert before the semi- lows: colon the following: ‘‘, including the unique a new winner, and I wish him good luck Page 174, after line 13, insert the following: needs of schools in rural areas’’. for the next 18 years. SEC. 412. MANUFACTURING RESEARCH. AMENDMENT NO. 32 OFFERED BY MR. I reserve the balance of my time. (a) IN GENERAL.—The Director shall carry RUPPERSBERGER OF MARYLAND Mr. SCHOCK. Madam Chair, I yield out a program to support transformational back the balance of my time. The text of the amendment is as fol- manufacturing research. Mr. GORDON of Tennessee. Madam lows: (b) ACTIVITIES.—As part of such program, Chair, I yield back the balance of my Page 102, line 3, insert ‘‘(a) MATCHING RE- the Director shall— time. QUIREMENT.—’’ before ‘‘Section 10A’’. (1) develop and disseminate measurement The Acting CHAIR. The question is Page 102, after line 9, insert the following tools and capabilities for new additive manu- on the amendment offered by the gen- new subsection: facturing and robotics technologies and (b) RETIRING STEM PROFESSIONALS.—Sec- methods; tleman from Illinois (Mr. SCHOCK). (2) establish new techniques and methods The amendment was agreed to. tion 10A of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–1a) to efficiently generate and assemble prod- AMENDMENTS EN BLOC NO. 3 OFFERED BY MR. is amended in subsection (a)(2)(A) by insert- ucts integrating nanoscale materials and de- GORDON OF TENNESSEE ing ‘‘including retiring professionals in those vices; and Mr. GORDON of Tennessee. Madam fields,’’ after ‘‘mathematics professionals,’’. (3) carry out other research with signifi- cant transformational potential for manu- Chair, I have amendments en bloc at AMENDMENT NO. 33 OFFERED BY MR. facturing. the desk. RUPPERSBERGER OF MARYLAND The Acting CHAIR. The Clerk will AMENDMENT NO 54 OFFERED BY MS TITUS OF The text of the amendment is as fol- . . designate the amendments en bloc. NEVADA lows: Amendments en bloc No. 3 offered by The text of the amendment is as fol- Mr. GORDON of Tennessee consisting of Page 127, after line 13, insert the following lows: new section: amendments numbered 2, 28, 29, 30, 31, Page 121, beginning on line 7, strike 32, 33, 37, 40, 41, 45, 53, and 54 printed in SEC. 256. CYBER-ENABLED LEARNING FOR NA- TIONAL CHALLENGES. ‘‘STEM teacher professional development’’ and insert ‘‘pre-service and in-service STEM part B of House Report 111–479: The Director shall, in consultation with teacher training and professional develop- AMENDMENT NO. 2 OFFERED BY MR. CARDOZA OF appropriate Federal agencies, identify ways ment’’. CALIFORNIA to use cyber-enabled learning to create an The text of the amendment is as fol- innovative STEM workforce and to help re- The Acting CHAIR. Pursuant to lows: train and retain our existing STEM work- House Resolution 1344, the gentleman

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3450 CONGRESSIONAL RECORD — HOUSE May 13, 2010 from Tennessee (Mr. GORDON) and the Mr. CARDOZA. Madam Chair, I The Sun Chips plant in my district in the gentleman from Texas (Mr. HALL) each thank the gentleman for yielding. City of Modesto is a leader in utilizing sustain- will control 20 minutes. Madam Chair, while unemployment able technology. The Chair now recognizes the gen- is still at a record high in my district, It is cutting back on its environmental impact tleman from Tennessee. the reauthorization of the America by using a solar collector field to produce ther- Mr. GORDON of Tennessee. Madam COMPETES Act is an important oppor- mal energy to make its snacks. Chair, this is a very good en bloc set of tunity for us to invest in creating a My amendment will help other companies amendments that again makes this bi- brighter, more resilient economic fu- embrace similar sustainability goals and make partisan bill even better. I think one of ture. a profit because of it. the byproducts of having such a very Manufacturing is leading the early It will help other manufacturers respond good bill is we have so many organiza- stages of the recovery in California. In quickly and effectively to the demand for more tions, over a thousand organizations fact, I am told that next year could sustainable practices by instructing the Na- and major companies that have en- bring the first annual increase in Cali- tional Institute of Standards and Technology dorsed the bill, including the U.S. fornia manufacturing employment in a Director to carry out a green manufacturing Chamber of Commerce, National Asso- decade. and construction initiative that gives manufac- ciation of Manufacturers, Information Madam Chair, now is the time for us turers the information they need to make Technology Industry Council, Business to support the manufacturing sector in sound, science-based sustainable invest- Roundtable, Council on Competitive- our country. Energy costs are rising ments. ness, National Venture Capital Asso- and consumer demand is up for sustain- There are more than 335,000 manufacturing ciation, TechAmerica, TechNet, Tech- able products. Sustainability will be a plants in the United States, and my amend- nology CEO Council, the Telecommuni- key element for keeping our manufac- ment will give them the information they need cation Industry Association, the Bio- turing sector competitive. Even now, to adopt the best sustainable practices and to technology Industry Association, the manufacturers are trying to find ways Aerospace Industries Association, the be technologically competitive in the twenty- Computing Technology Industry Asso- to incorporate emerging sustainable first century. ciation, the Fabricators & Manufactur- technologies into their businesses. I ask my colleagues on both sides of the ers Association, the National Defense My amendment will help manufac- aisle to support this common sense amend- Industrial Association, the National turers respond quickly and effectively ment. Mr. HALL of Texas. Madam Chair, Electrical Manufacturers Association. to the demand for more sustainable I can go on and on. practices by instructing the NIST Di- the Cardoza amendment directs NIST In the university area, the American rector to carry out a green manufac- to carry out a green manufacturing Council on Education, the Association turing and construction initiative that and construction initiative. While I un- of American Colleges and Universities, gives manufacturers the information derstand NIST already funds some re- Association of American Public Uni- they need to make sound, science-based search in this area, I do have a concern versities, Association of Public and sustainable investments. about the intent of some of the lan- Land-grant Universities. I ask my colleagues on both sides of guage in the amendment. Accordingly, This is a very important bill for our the aisle to support this commonsense I have asked that the gentleman from country and it is for our competitive- amendment. I understand that my good California (Mr. CARDOZA) engage in a ness and for our kids and grandkids, friend, the gentleman from Texas (Mr. colloquy to clarify this for the record. and it is going to create jobs in the HALL) does have some concerns, and I Paragraph 2 of this amendment di- short term, in the intermediate term, anticipate that he might want to en- rects NIST to advance the ‘‘creation of and in the long term. gage in a colloquy, and I stand ready to an information infrastructure to com- I reserve the balance of my time. do that with the gentleman from municate sustainability information Mr. HALL of Texas. Most of the 13 Texas. about suppliers.’’ It is accurate, I amendments rolled into this en bloc Madam Chair, while unemployment is still at think, to say that this language does package are minor and noncontrover- a record high in my district, the reauthorization not mean that NIST should charac- sial, and we are generally supportive. of the America COMPETES Act is an impor- terize specific suppliers’ sustainability I do, however, want to make com- tant opportunity for us to invest in creating a practices but, rather, will simply ments regarding potential issues with brighter, more resilient economic future. ‘‘make information available to manu- two of these amendments: Cardoza The University of California, Merced campus facturers so they can make informed amendment No. 2 and Heinrich amend- in my district has received millions of Re- and science-based decisions to assess ment No. 59. I note some concern re- search and Development dollars that are their products and supply chain.’’ garding the Heinrich amendment in- being used to develop new technologies and I yield to the gentleman from Cali- cluded in this en bloc, which makes to train a new generation of scientists, engi- fornia. Federal laboratories eligible grant re- neers, and teachers. Mr. CARDOZA. Madam Chair, yes, cipients under the regional innovation As this new technology is developed, it is that interpretation is correct, and I cluster programs. thank the gentleman for his colloquy. While it would be appropriate for en- also in our nation’s best interests to make Mr. HALL of Texas. I thank the gen- tities such as DOE national labora- sure that we find ways to make it profitable for tleman. tories to compete for and receive the our businesses to implement. The Cardoza amendment directs type of funding called for in the clus- Last month, the University of the Pacific NIST to carry out a green manufac- ters program, the definition of ‘‘Fed- published its California Business Forecast re- turing and construction initiative. eral laboratories’’ goes far beyond this. port. It could include almost any agency lab- And, with the notable exception of Toyota’s While I understand NIST already funds oratory and essentially result in tax- NUMMI plant closure, manufacturing is leading some research in this area, I do not payer funding from one Federal agency the early stages of the economic recovery in have a concern about the intent. I being redistributed to a different Fed- California. think the colloquy has been appro- eral agency. There are a host of prob- In fact, next year could bring the first annual priate. lems with this, but first and foremost, increase in California manufacturing employ- I reserve the balance of my time. it is clearly not an ideal way to fund ment in a decade. Mr. GORDON of Tennessee. Madam innovation. Madam Chair, now is the time to support Chair, I yield 3 minutes to the gen- I want to note these concerns regard- the manufacturing sector in our country. tleman from Virginia (Mr. CONNOLLY), ing the amendment for the record, al- Energy costs are rising and consumer de- a constructive player in this good bill. though I do not plan to oppose the en- mand is up for sustainable products. Mr. CONNOLLY of Virginia. Madam tire en bloc that includes this amend- Sustainability will be one important element Chair, I want to thank the distin- ment. for keeping our manufacturing sector competi- guished chairman of the committee. I reserve the balance of my time. tive. This body is going to miss the distin- Mr. GORDON of Tennessee. Madam Even now, manufacturers are trying to find guished chairman of the committee. He Chair, I yield 21⁄2 minutes to the gen- ways to incorporate emerging sustainable has always operated in a bipartisan tleman from California (Mr. CARDOZA). technology into their business practices. fashion and has provided thoughtful

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3451 and compelling leadership on issues of this important legislation that will quite a pleasure to work with Ranking science and technology so badly needed strengthen American competitiveness. Member HALL as well on getting this to in our country. I rise today in support of my amend- the floor. This bill really is a very thoughtful ment, which is part of the en bloc I’m a strong supporter of America bill that comes at a critical point. The amendment, which clarifies that both COMPETES, and it’s pretty simple: ei- United States has been seeing erosion preservice and in-service teacher train- ther we’re going to be in the 21st cen- in its preeminence in the field of inno- ing and professional development shall tury competitive with nations around vation in science and technology. This be considered when identifying the the world, or not. And I believe the bill is designed to sort of address that grand challenges in pre-K through 12 America COMPETES Act, this en bloc in a very creative way itself. It pro- STEM education. amendment, and specifically several amendments, I think really strengthen vides for more funding of basic re- b 1100 search in the United States. We know what we’ve been able to achieve in our that basic research leads to inventions, For our country to be economically Science and Technology Committee. patents, improvements in manufac- competitive in the 21st century, we The COMPETES Act I think is one of turing processes that can really make must ensure that all of our students the most important votes we’re going a difference in the quality of our lives. have a strong foundation in science, to take in this Congress, and we’re for- The technology we live with and take technology, engineering and mathe- tunate to be able to do work that real- for granted today didn’t exist 30 years matics, the STEM fields. The under- ly is about the future. Too often here ago, and it has transformed America lying bill before us recognizes this fact in the Congress we have to do things and it has transformed the world, and instructs the director of the Na- that are just about the short term. And thanks in many, many ways to the tional Science Foundation and the Sec- right here we have a vision that’s real- basic research investments the United retary of Education to work together ly about the next decade and about States Federal Government made some to identify the grand challenges in whether we’re going to be competitive, time ago. STEM education and how to best ad- and whether all of our people, our This bill allows us to tap into the re- dress them. young people, will be competitive, search already underway in the NIST While the bill currently includes the about whether we’re going to create labs, for example, and that is a real effectiveness of STEM teacher profes- the Ph.D.s that are on the cutting edge challenge. I can tell you as somebody sional development as a subject to be of the next innovations for the 21st who spent 20 years in the private sector studied as a grand challenge, the bill century, about whether we’ll have busi- in the technology field, often people does not mention the training that nesses and our manufacturing sector doing research aren’t the ones who nec- soon-to-be-teachers receive before they that really is engaged in this century, essarily can always see the myriad ap- enter the classroom. My amendment not the old manufacturing of the 20th plication of that research in the mar- highlights the fact that teacher pre- century, but the new manufacturing of ketplace. So the need to be able to rec- service and training preparation pro- the 21st century, around energy, ognize the application of research and grams have an important part to play around green technologies. And this is to help in the commercialization of in ensuring that future teachers will be what America COMPETES is about. that research to improve lives and to well-equipped to give our students a I want to tell you a little bit about improve America’s competitiveness is strong foundation in the STEM fields. an experience I had just 2 weeks ago. It really something we need more of. This Teacher preparations generally pro- was on a Saturday morning; and every bill helps do that. vide future teachers with the knowl- Saturday morning, for the last several I had two amendments with my col- edge and skills they need to be effec- months, a group of elementary school leagues, the gentleman from Texas tive classroom instructors, so we must students, middle school students, and (Mr. REYES) and the gentleman from be sure that that includes preparation high school students gathered at Maryland (Mr. KRATOVIL), which ad- they need to teach the STEM subjects. Bladensburg High School out in my dress the underlying education piece of Future teachers must be educated in congressional district, part of a this bill which is so important. We are the latest technology, the newest theo- CSTEM program, part of a challenge not producing sufficient numbers of en- ries, the cutting-edge developments in program, working with each other col- gineers and scientists and tech- the STEM fields so they can give our laboratively, the young people learning nologists for the future in the United students the tools they need to com- from the older students, working on States. We need to tap into the talent pete in the global economy. My amend- projects that would enable them to that is there. ment therefore directs that pre-service really become critical thinkers in I have spent a lot of time in my dis- teacher training and professional de- science, technology, engineering and trict helping to support robotics com- velopment shall also be considered math, working on robotics together, petition teams in high schools. The ex- when addressing the grand challenges with a group of teachers who volunteer citement of those young students in of K–12 STEM education. their time every Saturday morning to being able to get hands-on experience So I would urge my colleagues to work with these young people. in research and development and in the support this important bill, to support And you know how they did it? They application of that research and devel- this en bloc amendment, and to help did it because they’re part of America opment in the form of a competition prepare our teachers to prepare our COMPETES. And this is what I think with robotics technology was a marvel children for the jobs of tomorrow. needs to happen in every classroom to behold. Mr. HALL of Texas. Madam Chair- across the country, from pre-kinder- Kingman Brewster, the late president man, I reserve my time. garten to high school and on to the of Yale University, once said: Without Mr. GORDON of Tennessee. Madam upper grades. excitement, there is no learning. There Chairman, I yield 4 minutes to the gen- Now, this group of students was able was lots of excitement on the part of tlelady from Maryland (Ms. EDWARDS), to compete in the CSTEM challenge in these high school students in the ro- a new member of our Science and Tech- Houston just a week ago, and they botics research, and as a result there nology Committee, but one that has competed with young people all across was a lot of learning, and a lot of fu- made a great contribution in a short this country in those early year, ele- ture engineers and technologists and time. mentary years through high school scientists as a result. This bill will help Ms. EDWARDS of Maryland. Madam years. And it was a rewarding experi- us tap into that talent. Chairman, I would like to first say ence for them. I think that America Mr. HALL of Texas. Madam Chair, I thank you very much to our Chairman COMPETES is about that set of young reserve the balance of my time. GORDON, who’s been a really tremen- people because we don’t know, in that Mr. GORDON of Tennessee. Madam dous leader, and especially as we move room, which of those young people who Chair, I yield 3 minutes to the gentle- forward. What I think is—I know it’s get the benefit of learning to experi- woman from Nevada (Ms. TITUS). the America COMPETES Act—but I ence science and technology and to Ms. TITUS. Madam Chair, I thank think of it as the 21st-century America grab it at an early age, we don’t know Chairman GORDON for his leadership on COMPETES Act. And it’s also been which ones of those young people will

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3452 CONGRESSIONAL RECORD — HOUSE May 13, 2010 be on the cutting edge of the next inno- Now, these young people are the only H.R. 5116, the America COMPETES Act vation that’s going to propel us even high school team out of 100 teams that of 2010. I’ve said on numerous occasions into the next century. started this enterprise fighting, com- that we should support strengthening And so I’m excited about being here peting against colleges, universities, investments in basic research and today to support the America COM- professional entities that own world- science, technology, engineering and PETES Act and support a number of wide car companies, but they have been mathematics education. National in- amendments that I think really ranked by Popular Mechanics as one of vestments in basic R&D and STEM strengthen what we’re doing, particu- the top 10 finalists that will probably education, together with sound eco- larly the amendment offered by my win the X prize. nomic policies form the policy basis of colleague DINA TITUS from Nevada that But we’ve seen in robotics and engi- what’s necessary for the country to really is looking in a very systemic neering and science that our young truly remain competitive in the future. way at what happens between kinder- people have the ability to compete. We I can’t support this bill, however, be- garten and 12th grade. need to foster their sense of innovation cause it calls for excessive spending What we know is that when we invest and not have them be risk averse. levels, numerous new and duplicative in young people at the earliest age and This bill and its work in this area of programs, ineffective oversight and get them the kind of teachers that STEM education is so vitally impor- positive shifts that could lead to the they need in the classroom, it is not tant. I want to thank the gentlelady, government picking ‘‘winners and los- when they get into college that they Congresswoman FUDGE from Ohio, for ers.’’ decide they want to take on science her work, and the chairman for making It’s for these reasons that the Na- and technology. They make those deci- sure that STEM education got the kind tional Taxpayers Union and the Coun- sions and they get prepared from kin- of focus, laser-like focus, it needed in cil for Citizens Against Government dergarten to fourth grade, and so what this legislation. The ranking member Waste have come out against this bill. we’re doing here really strengthens our has done a great job. I would urge Members to vote ‘‘no’’ on ability for competition. This is a great day, a bipartisan piece H.R. 5116. The Acting CHAIR. The time of the of legislation that invests in creating I yield back the balance of my time. gentlewoman has expired. future jobs in our economy through the Mr. GORDON of Tennessee. Madam Mr. GORDON of Tennessee. I yield one thing that we know is indispen- Chairman, has my time expired? the gentlelady 30 seconds more. sable to make this world a better place, The Acting CHAIR. The gentleman Ms. EDWARDS of Maryland. And, fi- and that’s American ingenuity, innova- from Tennessee has yielded back his nally, looking at what we’re doing in tion. This invests in it. And BART GOR- time. Does the gentleman from Ten- the manufacturing sector, we have DON, this great Congressman has done nessee seek to reclaim his time? amendments that strengthen the man- our country a great service, and I want Mr. GORDON of Tennessee. Yes, ufacturing extension partnerships that to thank him for his leadership in this Madam Chairman. really allow the National Institutes of effort. 1115 Standards and Technology in my con- Mr. HALL of Texas. Madam Chair- b gressional district to better reflect the man, I reserve the balance of my time. The Acting CHAIR. Without objec- needs and challenges facing manufac- Mr. GORDON of Tennessee. Madam tion, the gentleman is recognized. turers today. Chairman, I yield myself such time as There was no objection. And so I urge my colleagues to sup- I may consume. Mr. GORDON of Tennessee. I will just port the underlying bill, to support the Madam Chairman, we’re coming to reclaim a small part of it. I just want en bloc amendments, and to propel us the end of the discussion on this bill, so to thank my ranking member, Mr. into the 21st century to be competitive let me just—again, I want to thank the HALL from Texas, for the gentlemanly with nations around the world. staff, the minority and majority staff, way that he has conducted himself Mr. HALL of Texas. Madam Chair- the Members who have put so much today and in all of our meetings. man, I continue to reserve the balance time into this. This is not only a good Maybe it is because I am from Ten- of my time. substantive bill; it is a good bill by nessee and he is from Texas, but we Mr. GORDON of Tennessee. Madam process. We had 46 hearings on this bill share a lot of the same views. We have Chairman, I yield 3 minutes to the gen- resulting in three different sub- the same interest in seeing that our tleman from Pennsylvania (Mr. committee bipartisan markups that country move forward in this 21st cen- FATTAH), a cardinal on the very impor- went to a full committee bipartisan tury. tant Appropriations Committee. markup, which brought this bill to the I don’t have grandkids yet, but I Mr. FATTAH. I want to congratulate floor today. know that for his kids and grandkids the chairman of the committee and the This is a good bill. In 2007, the origi- he wants to see us move forward. For sponsor of this important piece of leg- nal authorization received 367 Members my 9-year-old daughter I want to see us islation. BART GORDON has done our that voted for it. I hope that we will be move forward. As I say, we agree most country a great service through his able to see that same type of vote of the time. Every now and then we work, both in the original authoriza- again. don’t. But no one could have a better tion and now in this reauthorization, Then it went to the United States partner, and I thank him for his co- and his staff and members of the com- Senate because this is not only a bipar- operation on this bill. mittee. tisan bill; it is a bicameral bill. In the I yield back the balance of my time. I rise to support the America COM- United States Senate there were 69 co- The Acting CHAIR. The question is PETES Act. I think that the Energy sponsors, and it received a unanimous on the amendments en bloc offered by Innovation Hubs, the focus on STEM vote on the Senate—on the other the gentleman from Tennessee (Mr. education and innovation represent in body’s floor. Much of that credit goes GORDON). important ways the very future of our to LAMAR ALEXANDER from Tennessee The amendments en bloc were agreed economy. As we go forward, we will and JEFF BINGAMAN. And I told LAMAR to. look back on this day as a very impor- ALEXANDER the other day that if he can f tant day in terms of laying the founda- get 69 cosponsors again and get a unan- tion for protecting and enhancing the imous vote, that I will nominate him ANNOUNCEMENT BY THE ACTING American standard of living. for the Nobel Peace Prize and special CHAIR I’m reminded, hearing the gentlelady envoy to the Mid East. He did yeo- The Acting CHAIR. Pursuant to from Maryland speak, of a group of man’s work, and I’m sure he will do it clause 6 of rule XVIII, proceedings will young people in my district who have again. This is a good bipartisan bill and now resume on those amendments won the Tour de Sol three times, who should get a good bipartisan vote. printed in part B of the House Report are now in the final grouping com- I yield back the balance of my time. 111–479 on which further proceedings peting worldwide for the X prize, devel- Mr. HALL of Texas. Madam Chair- were postponed, in the following order: oping a car that can go 100 miles an man, I would like simply to conclude Amendment No. 34, by Mr. BOCCIERI hour. by reiterating some key points about of Ohio;

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3453 Amendment No. 38 by Mrs. Price (NC) Schrader Tierney So the amendment was agreed to. Quigley Schwartz Titus HALVORSON of Illinois; The result of the vote was announced Rahall Scott (GA) Tonko Amendment No. 50 by Mr. FLAKE of Rangel Scott (VA) Towns as above recorded. Arizona. Reyes Sestak Tsongas AMENDMENT NO. 38 OFFERED BY MRS. Richardson Shea-Porter The Chair will reduce to 5 minutes Van Hollen HALVORSON Rodriguez Sherman the time for any electronic vote after Vela´ zquez The Acting CHAIR. The unfinished Ross Shuler Visclosky Rothman (NJ) Sires the first vote in this series. Walz business is the demand for a recorded Roybal-Allard Skelton AMENDMENT NO 34 OFFERED BY MR BOCCIERI Wasserman vote on the amendment offered by the . . Ruppersberger Smith (WA) Schultz The Acting CHAIR. The unfinished Ryan (OH) Snyder gentlewoman from Illinois (Mrs. Waters business is the demand for a recorded Sablan Space HALVORSON) on which further pro- Salazar Speier Watson ceedings were postponed and on which vote on the amendment offered by the Sa´ nchez, Linda Spratt Watt gentleman from Ohio (Mr. BOCCIERI) on T. Stark Waxman the ayes prevailed by voice vote. which further proceedings were post- Sanchez, Loretta Stupak Weiner The Clerk will redesignate the poned and on which the ayes prevailed Sarbanes Sutton Welch amendment. Schakowsky Tanner Wilson (OH) The Clerk redesignated the amend- by voice vote. Schauer Taylor Woolsey The Clerk will redesignate the Schiff Thompson (CA) Wu ment. amendment. Schmidt Thompson (MS) Yarmuth RECORDED VOTE The Clerk redesignated the amend- NOES—171 The Acting CHAIR. A recorded vote ment. Aderholt Garrett (NJ) Murphy, Tim has been demanded. RECORDED VOTE Adler (NJ) Gerlach Myrick A recorded vote was ordered. Akin Gingrey (GA) Neugebauer The Acting CHAIR. This is a 5- The Acting CHAIR. A recorded vote Alexander Gohmert Nunes has been demanded. Austria Goodlatte Olson minute vote. A recorded vote was ordered. Bachmann Granger Owens The vote was taken by electronic de- Bachus Graves Paul The vote was taken by electronic de- vice, and there were—ayes 419, noes 0, Bartlett Griffith Paulsen not voting 17, as follows: vice, and there were—ayes 248, noes 171, Barton (TX) Guthrie Pence not voting 17, as follows: Biggert Hall (TX) Petri [Roll No. 268] Bilbray Harper Pitts AYES—419 [Roll No. 267] Bilirakis Hastings (WA) Platts AYES—248 Blackburn Heller Poe (TX) Ackerman Cardoza Filner Blunt Hensarling Posey Aderholt Carnahan Flake Ackerman Donnelly (IN) Langevin Boehner Herger Price (GA) Adler (NJ) Carson (IN) Fleming Altmire Driehaus Larsen (WA) Bonner Hunter Putnam Akin Carter Forbes Andrews Edwards (MD) Larson (CT) Bono Mack Inglis Radanovich Alexander Cassidy Fortenberry Arcuri Edwards (TX) Lee (CA) Boozman Issa Rehberg Altmire Castle Foster Baca Ehlers Levin Boustany Jenkins Reichert Andrews Castor (FL) Foxx Baird Ellison Lewis (GA) Brady (TX) Johnson (IL) Roe (TN) Arcuri Chaffetz Frank (MA) Baldwin Ellsworth Lipinski Broun (GA) Johnson, Sam Rogers (AL) Austria Chandler Franks (AZ) Barrow Engel Loebsack Brown (SC) Jones Rogers (KY) Baca Childers Frelinghuysen Bean Eshoo Lofgren, Zoe Brown-Waite, Jordan (OH) Rogers (MI) Bachmann Chu Fudge Becerra Etheridge Lowey Ginny King (IA) Rohrabacher Bachus Clarke Gallegly Berkley Faleomavaega Luja´ n Buchanan King (NY) Rooney Baird Clay Garamendi Berman Farr Lynch Burgess Kingston Ros-Lehtinen Baldwin Cleaver Garrett (NJ) Berry Fattah Maffei Burton (IN) Kirk Roskam Barrow Clyburn Gerlach Bishop (GA) Filner Maloney Buyer Kirkpatrick (AZ) Royce Bartlett Coble Giffords Bishop (NY) Foster Markey (CO) Calvert Kline (MN) Ryan (WI) Barton (TX) Coffman (CO) Gingrey (GA) Blumenauer Frank (MA) Markey (MA) Camp Lamborn Scalise Bean Cohen Gohmert Boccieri Fudge Marshall Campbell Lance Schock Becerra Conaway Gonzalez Bordallo Garamendi Matheson Cantor Latham Sensenbrenner Berkley Connolly (VA) Goodlatte Boren Giffords Matsui Cao LaTourette Sessions Berman Conyers Gordon (TN) Boswell Gonzalez McCarthy (NY) Capito Latta Shadegg Berry Cooper Granger Boucher Gordon (TN) McCollum Carter Lewis (CA) Shimkus Biggert Costa Graves Boyd Grayson McDermott Cassidy Linder Shuster Bilbray Costello Grayson Brady (PA) Green, Al McGovern Castle LoBiondo Simpson Bilirakis Courtney Green, Al Braley (IA) Green, Gene McIntyre Chaffetz Lucas Smith (NE) Bishop (GA) Crenshaw Green, Gene Bright Grijalva McMahon Coble Luetkemeyer Smith (NJ) Bishop (NY) Crowley Griffith Brown, Corrine Gutierrez McNerney Coffman (CO) Lummis Smith (TX) Blackburn Cuellar Grijalva Butterfield Hall (NY) Meek (FL) Conaway Lungren, Daniel Souder Blumenauer Culberson Guthrie Capps Halvorson Meeks (NY) Crenshaw E. Stearns Blunt Cummings Gutierrez Capuano Hare Melancon Culberson Mack Sullivan Boccieri Dahlkemper Hall (NY) Cardoza Harman Michaud Davis (KY) Manzullo Terry Boehner Davis (CA) Hall (TX) Carnahan Hastings (FL) Miller (NC) Dent Marchant Thompson (PA) Bonner Davis (IL) Halvorson Carson (IN) Heinrich Miller, George Diaz-Balart, M. McCarthy (CA) Thornberry Bono Mack Davis (KY) Hare Castor (FL) Herseth Sandlin Minnick Dreier McCaul Tiahrt Boozman Davis (TN) Harman Chandler Hill Mitchell Duncan McClintock Tiberi Bordallo DeFazio Harper Childers Himes Mollohan Emerson McCotter Turner Boren DeGette Hastings (FL) Chu Hinchey Moore (KS) Fallin McHenry Upton Boswell Delahunt Hastings (WA) Clarke Hinojosa Moore (WI) Flake McKeon Walden Boucher DeLauro Heinrich Clay Hirono Moran (VA) Fleming McMorris Westmoreland Boustany Dent Heller Cleaver Hodes Murphy (CT) Forbes Rodgers Whitfield Boyd Deutch Hensarling Clyburn Holden Murphy (NY) Fortenberry Mica Wilson (SC) Brady (PA) Diaz-Balart, L. Herger Cohen Holt Murphy, Patrick Foxx Miller (FL) Wittman Brady (TX) Diaz-Balart, M. Herseth Sandlin Connolly (VA) Hoyer Nadler (NY) Franks (AZ) Miller (MI) Wolf Braley (IA) Dicks Hill Conyers Inslee Napolitano Frelinghuysen Miller, Gary Young (AK) Bright Dingell Himes Cooper Israel Neal (MA) Gallegly Moran (KS) Young (FL) Broun (GA) Doggett Hinchey Costa Jackson (IL) Norton Brown (SC) Donnelly (IN) Hinojosa Costello Jackson Lee Nye NOT VOTING—17 Brown, Corrine Dreier Hirono Courtney (TX) Oberstar Barrett (SC) Diaz-Balart, L. Rush Brown-Waite, Driehaus Hodes Crowley Johnson (GA) Obey Bishop (UT) Doyle Serrano Ginny Duncan Holden Cuellar Johnson, E. B. Olver Carney Higgins Slaughter Buchanan Edwards (MD) Holt Cummings Kagen Ortiz Christensen Hoekstra Teague Burgess Edwards (TX) Honda Dahlkemper Kanjorski Pallone Cole Honda Wamp Burton (IN) Ehlers Hoyer Davis (CA) Kaptur Pascrell Davis (AL) Lee (NY) Butterfield Ellison Hunter Davis (IL) Kennedy Pastor (AZ) Buyer Ellsworth Inglis Davis (TN) Kildee Payne b 1145 Calvert Emerson Inslee DeFazio Kilpatrick (MI) Perlmutter Camp Engel Israel DeGette Kilroy Perriello Messrs. DAVIS of Kentucky, Campbell Eshoo Issa Delahunt Kind Peters SCALISE, LATHAM, CALVERT, and Cantor Etheridge Jackson (IL) DeLauro Kissell Peterson ADLER of New Jersey changed their Cao Faleomavaega Jackson Lee Deutch Klein (FL) Pierluisi vote from ‘‘aye’’ to ‘‘no.’’ Capito Fallin (TX) Dicks Kosmas Pingree (ME) Capps Farr Jenkins Dingell Kratovil Polis (CO) Mr. BRIGHT changed his vote from Capuano Fattah Johnson (GA) Doggett Kucinich Pomeroy ‘‘no’’ to ‘‘aye.’’

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Johnson (IL) Miller (FL) Sanchez, Loretta AMENDMENT NO. 50 OFFERED BY MR. FLAKE Kissell Murphy (CT) Schmidt Johnson, E. B. Miller (MI) Sarbanes Klein (FL) Murphy (NY) Schock Johnson, Sam Miller (NC) Scalise The Acting CHAIR. The unfinished Kline (MN) Murphy, Patrick Schrader Jones Miller, Gary Schakowsky business is the demand for a recorded Kosmas Murphy, Tim Schwartz Jordan (OH) Miller, George Schauer vote on the amendment offered by the Kratovil Myrick Scott (GA) Kagen Minnick Schiff gentleman from Arizona (Mr. FLAKE) Kucinich Nadler (NY) Scott (VA) Kanjorski Mitchell Schmidt Lamborn Napolitano Sensenbrenner Kaptur Mollohan Schock on which further proceedings were Lance Neal (MA) Serrano Kennedy Moore (KS) Schrader postponed and on which the ayes pre- Langevin Neugebauer Sessions Kildee Moore (WI) Schwartz vailed by voice vote. Larsen (WA) Norton Sestak Kilpatrick (MI) Moran (KS) Scott (GA) The Clerk will redesignate the Larson (CT) Nunes Shadegg Kilroy Moran (VA) Scott (VA) Latham Nye Shea-Porter Kind Murphy (CT) Sensenbrenner amendment. LaTourette Oberstar Sherman King (IA) Murphy (NY) Sessions The Clerk redesignated the amend- Latta Obey Shimkus King (NY) Murphy, Patrick Sestak ment. Lee (CA) Olson Shuler Kingston Murphy, Tim Shadegg Levin Olver Shuster Kirk Myrick Shea-Porter RECORDED VOTE Lewis (CA) Ortiz Simpson Kirkpatrick (AZ) Nadler (NY) Sherman The Acting CHAIR. A recorded vote Lewis (GA) Owens Sires Kissell Napolitano Shimkus has been demanded. Linder Pallone Skelton Klein (FL) Neal (MA) Shuler Lipinski Pascrell Smith (NE) Kline (MN) Neugebauer Shuster A recorded vote was ordered. LoBiondo Pastor (AZ) Smith (TX) Kosmas Norton Simpson The Acting CHAIR. This is a 5- Loebsack Paul Smith (WA) Kratovil Nunes Sires minute vote. Lofgren, Zoe Paulsen Snyder Kucinich Nye Lowey Payne Skelton The vote was taken by electronic de- Souder Lamborn Oberstar Smith (NE) Lucas Pence Space Lance Obey Smith (NJ) vice, and there were—ayes 419, noes 0, Luetkemeyer Perlmutter Speier ´ Langevin Olson Smith (TX) not voting 17, as follows: Lujan Perriello Spratt Larsen (WA) Olver Lummis Peters Smith (WA) [Roll No. 269] Stark Larson (CT) Ortiz Snyder Lungren, Daniel Peterson Stearns Latham Owens Souder AYES—419 E. Petri Stupak LaTourette Pallone Lynch Pierluisi Space Sullivan Latta Pascrell Ackerman Castle Garamendi Mack Pingree (ME) Speier Sutton Lee (CA) Pastor (AZ) Aderholt Castor (FL) Garrett (NJ) Maffei Platts Spratt Tanner Levin Paul Adler (NJ) Chaffetz Gerlach Maloney Poe (TX) Stark Taylor Lewis (CA) Paulsen Akin Chandler Giffords Manzullo Polis (CO) Stearns Terry Lewis (GA) Payne Alexander Childers Gingrey (GA) Marchant Pomeroy Stupak Thompson (CA) Linder Perlmutter Altmire Chu Gohmert Markey (CO) Posey Sullivan Thompson (MS) Lipinski Perriello Andrews Clarke Gonzalez Markey (MA) Price (GA) Sutton Thompson (PA) LoBiondo Peters Arcuri Clay Goodlatte Marshall Price (NC) Tanner Thornberry Loebsack Peterson Austria Clyburn Gordon (TN) Matheson Putnam Taylor Tiahrt Lofgren, Zoe Petri Baca Coble Granger Matsui Quigley Terry Tiberi Lowey Pierluisi Bachmann Coffman (CO) Graves McCarthy (CA) Rahall Lucas Pingree (ME) Thompson (CA) Bachus Cohen Grayson McCarthy (NY) Rangel Tierney Luetkemeyer Pitts Thompson (MS) Baird Conaway Green, Al McCaul Rehberg Titus Luja´ n Platts Thompson (PA) Baldwin Connolly (VA) Green, Gene McClintock Reichert Tonko Lummis Poe (TX) Thornberry Barrow Conyers Griffith McCollum Reyes Towns Lungren, Daniel Polis (CO) Tiahrt Bartlett Cooper Grijalva McCotter Richardson Tsongas E. Pomeroy Tiberi Barton (TX) Costa Guthrie McDermott Rodriguez Turner Lynch Posey Tierney Bean Costello Gutierrez McGovern Roe (TN) Upton Mack Price (GA) Titus Becerra Courtney Hall (NY) McHenry Rogers (AL) Van Hollen Maffei Price (NC) Tonko Berkley Crenshaw Hall (TX) McIntyre Rogers (KY) Vela´ zquez Maloney Putnam Towns Berman Crowley Halvorson McKeon Rogers (MI) Visclosky Manzullo Quigley Tsongas Berry Cuellar Hare McMahon Rohrabacher Walden Marchant Radanovich Turner Biggert Culberson Harman McMorris Rooney Walz Markey (CO) Rahall Upton Bilbray Cummings Harper Rodgers Ros-Lehtinen Wasserman Markey (MA) Rehberg Van Hollen Bilirakis Dahlkemper Hastings (FL) McNerney Roskam Schultz Marshall Reichert Vela´ zquez Bishop (GA) Davis (CA) Hastings (WA) Meek (FL) Ross Waters Matheson Reyes Visclosky Bishop (NY) Davis (IL) Heinrich Meeks (NY) Rothman (NJ) Watson Matsui Richardson Walden Bishop (UT) Davis (KY) Heller Melancon Roybal-Allard Watt McCarthy (CA) Rodriguez Walz Blackburn Davis (TN) Hensarling Mica Royce Waxman McCarthy (NY) Roe (TN) Wasserman Blumenauer DeFazio Herger Michaud Ruppersberger Weiner McCaul Rogers (AL) Schultz Blunt DeGette Herseth Sandlin Miller (FL) Ryan (OH) Welch McClintock Rogers (KY) Waters Boccieri Delahunt Hill Miller (MI) Ryan (WI) Westmoreland McCollum Rogers (MI) Watson Boehner DeLauro Himes Miller (NC) Sablan Whitfield McCotter Rohrabacher Watt Bonner Dent Hinchey Miller, Gary Salazar Wilson (OH) McDermott Rooney Waxman Bono Mack Deutch Hinojosa Miller, George Sa´ nchez, Linda Wilson (SC) McGovern Ros-Lehtinen Weiner Boozman Diaz-Balart, L. Hirono Minnick T. Wittman McHenry Roskam Welch Bordallo Diaz-Balart, M. Hodes Mitchell Sanchez, Loretta Wolf McIntyre Ross Westmoreland Boren Dicks Holden Mollohan Sarbanes Woolsey McKeon Rothman (NJ) Whitfield Boswell Dingell Holt Moore (KS) Scalise Wu McMahon Roybal-Allard Wilson (OH) Boucher Doggett Honda Moore (WI) Schakowsky Yarmuth McMorris Royce Wilson (SC) Boustany Donnelly (IN) Hoyer Moran (KS) Schauer Young (AK) Rodgers Ruppersberger Wittman Boyd Dreier Hunter Moran (VA) Schiff Young (FL) McNerney Ryan (OH) Wolf Brady (PA) Driehaus Inglis Meek (FL) Ryan (WI) Woolsey Brady (TX) Duncan Inslee NOT VOTING—17 Meeks (NY) Sablan Wu Braley (IA) Edwards (MD) Israel Barrett (SC) Doyle Rush Melancon Salazar Yarmuth Bright Edwards (TX) Issa Camp Higgins Slaughter Mica Sa´ nchez, Linda Young (AK) Broun (GA) Ehlers Jackson (IL) Christensen Hoekstra Smith (NJ) Brown (SC) Ellison Jackson Lee Michaud T. Young (FL) Cleaver Lee (NY) Teague Brown, Corrine Ellsworth (TX) Cole Pitts Wamp NOT VOTING—17 Brown-Waite, Emerson Jenkins Davis (AL) Radanovich Barrett (SC) Doyle Rush Ginny Engel Johnson (GA) Buchanan Eshoo Johnson (IL) ANNOUNCEMENT BY THE ACTING CHAIR Bishop (UT) Higgins Serrano Burgess Etheridge Johnson, E. B. Carney Hoekstra Slaughter The Acting CHAIR (during the vote). Christensen Lee (NY) Burton (IN) Faleomavaega Johnson, Sam There are 2 minutes remaining in this Teague Butterfield Fallin Jones Cole Pence Wamp vote. Davis (AL) Rangel Buyer Farr Jordan (OH) Calvert Fattah Kagen b 1201 ANNOUNCEMENT BY THE ACTING CHAIR Campbell Filner Kanjorski Cantor Flake Kaptur So the amendment was agreed to. The Acting CHAIR (during the vote). Cao Fleming Kennedy There are 2 minutes remaining in the The result of the vote was announced Capito Forbes Kildee as above recorded. vote. Capps Fortenberry Kilpatrick (MI) Capuano Foster Kilroy The Acting CHAIR. The question is Cardoza Foxx Kind on the committee amendment in the b 1153 Carnahan Frank (MA) King (IA) nature of a substitute, as amended. So the amendment was agreed to. Carney Franks (AZ) King (NY) The committee amendment in the Carson (IN) Frelinghuysen Kingston The result of the vote was announced Carter Fudge Kirk nature of a substitute, as amended, was as above recorded. Cassidy Gallegly Kirkpatrick (AZ) agreed to.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3455 The Acting CHAIR. Under the rule, (2) agencies for which appropriations are gram under sections 25 and 26 of such Act (15 the Committee rises. authorized by this Act or the amendments U.S.C. 278k and 278l); and Accordingly, the Committee rose; made by this Act shall also conduct outreach (III) $9,600,000 shall be authorized for the and the Speaker pro tempore (Mr. PAS- to veterans with disabilities pursuing studies Malcolm Baldrige National Quality Award in science, technology, engineering, and program under section 17 of the Stevenson- TOR of Arizona) having assumed the mathematics to ensure that such veterans Wydler Technology Innovation Act of 1980 (15 chair, Ms. JACKSON LEE of Texas, Act- are aware of and benefit from the research U.S.C. 3711a). ing Chair of the Committee of the and education activities and programs au- (3) ALTERNATIVE AUTHORIZATIONS FOR THE Whole House on the State of the Union, thorized by this Act. OFFICE OF SCIENCE OF THE DEPARTMENT OF EN- reported that that Committee, having At the end of the bill, insert the following ERGY.—There are authorized to be appro- had under consideration the bill (H.R. new sections: priated to the Secretary for the activities of 5116) to invest in innovation through SEC. 704. NO SALARIES FOR VIEWING PORNOG- the Office of Science $4,904,000,000 for each of research and development, to improve RAPHY. the fiscal years 2011 through 2013, of which the competitiveness of the United None of the funds authorized under this for each fiscal year— Act may be used to pay the salary of any in- (A) $1,637,000,000 shall be for Basic Energy States, and for other purposes, pursu- dividual who has been officially disciplined Sciences activities under section 604; ant to House Resolution 1344, she re- for violations of subpart G of the Standards (B) $604,000,000 shall be for Biological and ported the bill back to the House with of Ethical Conduct for Employees of the Ex- Environmental Research activities under an amendment adopted in the Com- ecutive Branch for viewing, downloading, or section 605; and mittee of the Whole. exchanging pornography, including child (C) $394,000,000 shall be for Advanced Sci- The SPEAKER pro tempore. Under pornography, on a Federal Government com- entific Computing Research activities under the rule, the previous question is or- puter or while performing official Federal section 606. dered. Government duties. (4) ALTERNATIVE AUTHORIZATIONS FOR ARPA- The question is on the committee SEC. 705. INELIGIBILITY FOR AWARDS OR E.—No funds are authorized to be appro- GRANTS. priated to the Director of ARPA–E for de- amendment in the nature of a sub- None of the funds authorized under this posit into the Fund for fiscal years 2011 stitute, as amended. Act shall be available to make awards to or through 2013. The committee amendment in the provide grants for an institution of higher Mr. HALL of Texas (during the read- nature of a substitute, as amended, was education under this Act if that institution ing). Mr. Speaker, I ask unanimous agreed to. is prevented from receiving funds for con- consent to dispense with the reading of The SPEAKER pro tempore. The tracts or grants for education under section question is on the engrossment and 983 of title 10, United States Code. the motion to recommit. The SPEAKER pro tempore. Is there third reading of the bill. SEC. 706. ALTERNATIVE AUTHORIZATIONS. The bill was ordered to be engrossed Notwithstanding sections 212, 402, 611, and objection to the request of the gen- and read a third time, and was read the 622, in any year following a year in which tleman from Texas? Mr. GORDON of Tennessee. I object. third time. there is a Federal budget deficit the author- ization levels in those sections and the The SPEAKER pro tempore. Objec- MOTION TO RECOMMIT amendments made by those sections shall be tion is heard. Mr. HALL of Texas. Mr. Speaker, I in the amount specified as follows: The Clerk will read. have a motion to recommit at the (1) ALTERNATIVE AUTHORIZATIONS FOR THE The Clerk continued to read. desk. NATIONAL SCIENCE FOUNDATION.— Mr. GORDON of Tennessee. Mr. The SPEAKER pro tempore. Is the (A) IN GENERAL.—There are authorized to Speaker, I reserve a point of order. gentleman opposed to the bill? be appropriated to the Foundation The SPEAKER pro tempore. The Mr. HALL of Texas. I am, in its cur- $6,872,510,400 for each of the fiscal years 2011 point of order is reserved. through 2013. rent form. The gentleman from Texas is recog- (B) SPECIFIC ALLOCATIONS.—Of the amount The SPEAKER pro tempore. The nized for 5 minutes. Clerk will report the motion to recom- authorized under subparagraph (A) for each fiscal year— Mr. HALL of Texas. Mr. Speaker, I’d mit. like to make a few points about the The Clerk read as follows: (i) $5,563,920,400 shall be made available for research and related activities; Mr. HALL of Texas. moves to recommit motion to recommit before I hand it (ii) $872,760,000 shall be made available for the bill H.R. 5116 to the Committee on over to the gentlewoman from Kansas. education and human resources; Science and Technology with instructions to The motion to recommit addresses (iii) $117,290,000 shall be made available for report the same back to the House forthwith the biggest concern I, and many of the major research equipment and facilities con- with the following amendment: Members on this side of the aisle, have Strike page 91, line 9, through page 98, line struction; (iv) $300,000,000 shall be made available for with the legislation, which is the ex- 4. cessive spending. It will address this Strike page 163, line 3, through page 164, agency operations and award management; line 11. (v) $4,540,000 shall be made available for the issue by reducing the authorization to Strike page 176, line 15, through page 187, Office of the National Science Board; and 3 years instead of 5, striking the new line 13. (vi) $14,000,000 shall be made available for programs in the bill, and reducing the Strike page 187, line 14, through page 195, the Office of Inspector General. spending down to the fiscal year 2010 line 11. (2) ALTERNATIVE AUTHORIZATIONS FOR THE appropriated levels. It also would pro- Strike page 235, line 15, through page 244, NATIONAL INSTITUTE OF STANDARDS AND TECH- hibit Federal funds from being used by line 1. NOLOGY.— Federal employees to view, download, Page 245, lines 12 through 24, amend sec- (A) IN GENERAL.—There are authorized to tion 702 to read as follows: be appropriated to the Secretary of Com- or exchange pornography, including SEC. 702. PERSONS WITH DISABILITIES. merce $839,300,000 for the National Institute child pornography. Additionally, it will For the purposes of the activities and pro- of Standards and Technology for each of the ensure that the institutions that we’re grams supported by this Act and the amend- fiscal years 2011 through 2013. giving Federal funding to through this ments made by this Act— (B) SPECIFIC ALLOCATIONS.—Of the amount act will repay the Federal Government (1) institutions of higher education char- authorized under subparagraph (A) for each by allowing the military onto their tered to serve large numbers of students fiscal year— campuses for recruitment. with disabilities, including Gallaudet Uni- (i) $515,000,000 shall be authorized for sci- versity, Landmark College, and the National entific and technical research and services Finally, the motion to recommit will Technical Institute for the Deaf, and institu- laboratory activities; invest in an issue that’s very dear to tions of higher education offering science, (ii) $120,000,000 shall be authorized for the our hearts, our Nation’s disabled vet- technology, engineering, and mathematics construction and maintenance of facilities; erans. This motion would ensure that research and education activities and pro- and our colleges and universities that make grams available to veterans with disabilities, (iii) $204,300,000 shall be authorized for in- STEM programs available to our dis- shall receive special consideration and have dustrial technology services activities, of abled veterans and those schools char- a designation consistent with the designa- which— tered to serve disabled veterans receive tion for other institutions that serve popu- (I) $70,000,000 shall be authorized for the lations underrepresented in STEM to ensure Technology Innovation Program under sec- the same special consideration afforded that institutions of higher education char- tion 28 of the National Institute of Standards to other schools serving the underrep- tered to serve or serving persons with dis- and Technology Act (15 U.S.C. 278n); resented populations. abilities benefit from such research and edu- (II) $124,700,000 shall be authorized for the A much broader version of this lan- cation activities and programs; and Manufacturing Extension Partnership pro- guage was unanimously accepted at the

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3456 CONGRESSIONAL RECORD — HOUSE May 13, 2010 committee level. A very watered down This motion to recommit is simple. If have to reduce our dependence on our version that does not stand the chance you’re a government employee, and foreign oil for our economic as well as of helping a single veteran is included you are disciplined for viewing, our national defense. And I don’t want in the manager’s amendment. And this downloading, or e-mailing pornog- to trade our dependency on foreign oil compromise language filed at Rules raphy, including child pornography, on to foreign technology. was not made in order for consider- government computers or during work Now let me get to some of the criti- ation. hours, you will no longer be paid. You cisms of this bill. We said, Well, it’s a I cannot for the life of me understand will be fired. If you think a couple of pretty good bill. As a matter of fact, why there’s a resistance to assisting days of suspension, a reprimand, a it’s a very good bill, except that it the Nation’s disabled veterans. Of the transfer is the right response when costs too much. Well, let me remind 3.1 million disabled veterans in this someone uses government computers you that in 2007, 367 Members of this country, over 50,000 are currently to spread pornography, then vote body voted for the original authoriza- training to receive undergraduate de- against this motion. But if you think tion. In the other body, there were 69 grees and an additional 2,800 partici- spreading pornography with a govern- cosponsors of the original authoriza- pate in graduate school programs. The ment computer is an act that should tion, and it passed unanimously. But schools serving these men and women lead to dismissal, then vote for this we recognize these are difficult eco- deserve the same consideration as motion. I urge a vote for this motion. nomic times, and so we made some those assisting other underrepresented Mr. HALL of Texas. I reserve the bal- changes. This bill has been cut by 10.3 populations. But there’s not one school ance of my time. percent from the bill that you voted for in the Nation that would meet the Mr. GORDON of Tennessee. I with- in 2007. That is $9.6 billion. Now tell standards created by the language in draw my point of order and rise in op- me, what authorization has been cut by the manager’s amendment. position to this motion. over 10 percent? This is the only one. The SPEAKER pro tempore. The gen- b 1215 Mr. HALL has very good concerns tleman is recognized for 5 minutes. about our veterans, and every day I don’t buy the argument that this Mr. GORDON of Tennessee. Mr. when we see him, we see him as an ex- special consideration will open a flood- Speaker, let me also take just a mo- gate of eligible schools, providing no ample of those World War II veterans. ment to thank the minority and major- So language was put in the bill both for guarantee that the disabled veterans ity members of the Science and Tech- scholarships for individual veterans will actually benefit from the funding. nology Committee for the many hours and also for those institutions. Let me There are already several hundred well- they’ve put in to making this bill a read this to you, For the purposes of known and -respected schools that very good bipartisan bill. And also I the activities and programs supported qualify for special consideration under want to thank the staff members who by this Act and the amendments made a variety of statutes for underrep- have put in even more hours to making in this Act, institutions of higher edu- resented populations with no guarantee this good bill. that a particular grant would benefit a Now let me take just a moment to cation offering STEM research edu- designated group. Why shouldn’t those tell you why this is an important and a cation activities and programs that schools helping our disabled veterans good bipartisan bill. There are 6.5 bil- serve veterans with disabilities shall have the same consideration? lion people in the world. Half of those receive special consideration and re- Frankly, it should not matter how that are working make less than $2 a view. And on and on. So we have taken many disabled veterans a school en- day. Now, if we try to compete in a care of that. rolls. These fine young men and global economy on that type of labor, Now let’s get down to the heart of it. women, who every one of us will see then you’re going to see your kids and And quite frankly, it saddens me to over Memorial Day, have made tremen- grandkids wind up with a national have to go into this. I mean, it saddens dous personal sacrifices for us. The standard of living less than their par- me that when we look at our kids—I Speaker rightfully has us bow our ents. So we can’t win in terms of have a 9-year-old daughter, and what heads in silence once a month to honor wages. We have to win by having a about her future? What about your them. We should also be lifting our higher technological base here. family’s future? Oh, we’re going to hide chins and our praise and our gratitude In the last few years, you’ve seen behind this little bit. We’re going to to those who cross foreign borders to that the public sector dollars have been gut this bill for this little bit. A few ensure that everyone within our own stagnant in terms of our investment in days ago there were some NSF employ- are free. This is but a small way we can research and development. And on the ees who were patching pornography. Of show our appreciation not only to private sector level, they’ve actually course that was bad, and they were dis- them, but to the schools that are gone down. Why does this matter? Be- ciplined. Throughout the whole execu- reaching out to them. cause the rest of the world is increas- tive offices, there is filtering on that Now I yield to Ms. JENKINS. ing their investments in research and now. Nobody seriously thinks that we Ms. JENKINS. Mr. Speaker, this mo- development, and the importance to us don’t want to deal with pornography tion to recommit is concerning to me, here in this country is that 50 percent here. For God’s sake. And when it gets and I encourage a ‘‘yes’’ vote. of the growth in the GDP in our Nation to the conference, we’ll take care of I would just like to highlight one since World War II has been a result of that even more. provision because there has been a research and development. But we have Everybody raise your hand that’s for great deal of press lately about the to have more than just R&D. We have pornography. Come on, raise your misuse of government computers and to have a workforce that can work at hand. Nobody? Nobody is for pornog- the waste of time and taxpayer dollars that higher level, and that’s what this raphy? Well, I’m shocked. So I guess we by Federal employees at the Securities bill does also. There’s a great STEM need this little bitty provision that and Exchange Commission who are educational piece that will help not means nothing; that’s going to gut the spending as much as 8 hours a day just Ph.D.s, but it will help those high entire bill. This is an embarrassment, viewing pornography on government school graduates, junior college grad- and if you vote for this, you should be computers. However, this problem is uates, and college graduates to work embarrassed. not limited just to the SEC. The In- that higher level. I yield back the balance of my time. spector General at the National So what does all this mean? There’s a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Science Foundation, which is author- cycle. The cycle is that you invest in The SPEAKER pro tempore. The ized by this Act, found similar prob- R&D. R&D gives you innovation. Inno- Chair reminds all Members not to traf- lems there. So what happened to these vation gives you jobs, which creates fic the well while another Member is employees? According to the Inspector the type of standard of living and rev- under recognition. All Members will General, and I quote, NSF issued a for- enue that allows us to reduce the def- address their remarks to the Chair. mal proposal followed by a decision icit as well as to continue the R&D Without objection, the previous ques- suspending them for 10 calendar days again. tion is ordered on the motion to recom- without pay. Ten days’ suspension, un- Another important part of this bill is mit. acceptable. Taxpayers deserve better. the energy independence. Right now we There was no objection.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3457 The SPEAKER pro tempore. The Paul Royce Spratt EROY, DEFAZIO, KILDEE, CHAN- question is on the motion to recommit. Paulsen Ruppersberger Stearns DLER, NEAL, LIPINSKI, EDWARDS of Pence Ryan (WI) Sullivan The question was taken; and the Perriello Salazar Sutton Texas, HINOJOSA, COURTNEY, MUR- Speaker pro tempore announced that Peters Sanchez, Loretta Tanner PHY of New York, ETHERIDGE, VIS- the noes appeared to have it. Peterson Scalise Taylor CLOSKY, KIND, COSTELLO, Petri Schauer Terry RODRIGUEZ, CONNOLLY of Virginia, RECORDED VOTE Pitts Schiff Thompson (PA) Platts Schmidt RUPPERSBERGER, WU, ARCURI, Mr. HALL of Texas. Mr. Speaker, I Thornberry Poe (TX) Schock Tiahrt DEUTCH, GARAMENDI, BRADY of demand a recorded vote. Pomeroy Schrader Tiberi Pennsylvania, SPRATT, CARNAHAN, A recorded vote was ordered. Posey Schwartz Titus The SPEAKER pro tempore. Pursu- Price (GA) Sensenbrenner CROWLEY, LANGEVIN, TONKO, Putnam Serrano Tonko MOORE of Kansas, DICKS, BACA, ant to clause 8 and clause 9 of rule XX, Turner Radanovich Sessions HARE, LOEBSACK, SALAZAR, this 15-minute vote on the motion to Rahall Sestak Upton recommit will be followed by a 5- Rehberg Shadegg Visclosky BISHOP of Georgia, DOGGETT, Mrs. Reichert Shea-Porter Walden HALVORSON, Ms. MARKEY of Colo- minute vote on passage of H.R. 5116, if Richardson Shimkus Walz ordered, and motions to suspend the rado, Mrs. EMERSON, Ms. SUTTON, Rodriguez Shuler Weiner Mrs. MALONEY, Ms. SCHWARTZ, Ms. rules with regard to House Resolution Roe (TN) Shuster Westmoreland 1338 and House Resolution 1337. Rogers (AL) Simpson Whitfield KAPTUR, Mrs. DAHLKEMPER, Ms. Rogers (KY) Skelton BEAN, Ms. LORETTA SANCHEZ of The vote was taken by electronic de- Wilson (SC) Rogers (MI) Smith (NE) Wittman California and Mrs. MCCARTHY of New vice, and there were—ayes 292, noes 126, Rohrabacher Smith (NJ) Wolf York changed their vote from ‘‘no’’ to not voting 12, as follows: Rooney Smith (TX) Wu Ros-Lehtinen Smith (WA) Young (AK) ‘‘aye.’’ [Roll No. 270] Roskam Souder Young (FL) So the motion to recommit was AYES—292 Ross Space agreed to. Aderholt Davis (CA) Kind NOES—126 The result of the vote was announced Adler (NJ) Davis (KY) King (IA) Ackerman Green, Gene Ortiz as above recorded. Akin Davis (TN) King (NY) Andrews Grijalva Pallone A motion to reconsider was laid on Alexander DeFazio Kingston Baird Hall (NY) Pascrell Altmire Dent Kirk Baldwin Harman Payne the table. Arcuri Deutch Kirkpatrick (AZ) Becerra Hastings (FL) Perlmutter The SPEAKER pro tempore. Pursu- Austria Diaz-Balart, L. Kissell Berkley Hinchey Pingree (ME) ant to clause 1(c) of rule XIX, further Baca Diaz-Balart, M. Klein (FL) Berman Hirono Polis (CO) Bachmann Dicks Kline (MN) Berry Holt Price (NC) proceedings on H.R. 5116 are postponed. Bachus Doggett Kosmas Blumenauer Honda Quigley f Barrow Donnelly (IN) Kratovil Brown, Corrine Hoyer Rangel Bartlett Dreier Lamborn Butterfield Inslee Reyes RECOGNIZING THE SIGNIFICANT Barton (TX) Driehaus Lance Capps Jackson (IL) Rothman (NJ) Bean Duncan Langevin Capuano Jackson Lee Roybal-Allard ACCOMPLISHMENTS OF AMERI- Biggert Edwards (TX) Larsen (WA) Cardoza (TX) Ryan (OH) CORPS Bilbray Ellsworth Latham Carson (IN) Johnson (GA) Sa´ nchez, Linda Bilirakis Emerson LaTourette Castor (FL) Johnson, E. B. T. The SPEAKER pro tempore. The un- Bishop (GA) Etheridge Latta Chu Kennedy Sarbanes finished business is the vote on the mo- Bishop (NY) Fallin Lewis (CA) Clarke Kilpatrick (MI) Schakowsky tion to suspend the rules and agree to Bishop (UT) Fattah Linder Clay Kucinich Scott (GA) the resolution, H. Res. 1338, on which Blackburn Flake Lipinski Cleaver Larson (CT) Scott (VA) Blunt Fleming LoBiondo Clyburn Lee (CA) Sherman the yeas and nays were ordered. Boccieri Forbes Loebsack Cohen Levin Sires The Clerk read the title of the resolu- Boehner Fortenberry Lucas Conyers Lewis (GA) Snyder tion. Bonner Foster Luetkemeyer Cooper Lofgren, Zoe Speier Bono Mack Foxx Lummis Cummings Lowey Stark The SPEAKER pro tempore. The Boozman Franks (AZ) Lungren, Daniel Davis (IL) Luja´ n Stupak question is on the motion offered by Boren Frelinghuysen E. DeGette Markey (MA) Thompson (CA) the gentlewoman from Nevada (Ms. Boswell Gallegly Lynch Delahunt Matsui Thompson (MS) TITUS) that the House suspend the Boucher Garamendi Mack DeLauro McCollum Tierney Boustany Garrett (NJ) Maffei Dingell McDermott Towns rules and agree to the resolution, H. Boyd Gerlach Maloney Edwards (MD) McGovern Tsongas Res. 1338. Brady (PA) Giffords Manzullo Ehlers Meeks (NY) Van Hollen This is a 5-minute vote. Brady (TX) Gingrey (GA) Marchant Ellison Michaud Vela´ zquez Braley (IA) Gohmert Markey (CO) Engel Miller (NC) Wasserman The vote was taken by electronic de- Bright Goodlatte Marshall Eshoo Miller, George Schultz vice, and there were—yeas 280, nays Broun (GA) Granger Matheson Farr Moore (WI) Waters 128, not voting 22, as follows: Brown (SC) Graves McCarthy (CA) Filner Moran (VA) Watson [Roll No. 271] Brown-Waite, Griffith McCarthy (NY) Frank (MA) Murphy (CT) Watt Ginny Guthrie McCaul Fudge Nadler (NY) Waxman YEAS—280 Buchanan Gutierrez McClintock Gonzalez Napolitano Welch Ackerman Brown, Corrine Cummings Burgess Hall (TX) McCotter Gordon (TN) Oberstar Wilson (OH) Burton (IN) Halvorson McHenry Aderholt Buchanan Dahlkemper Grayson Obey Woolsey Adler (NJ) Butterfield Davis (CA) Buyer Hare McIntyre Green, Al Olver Yarmuth Calvert Harper McKeon Altmire Cao Davis (IL) Camp Hastings (WA) McMahon NOT VOTING—12 Andrews Capito Davis (TN) Campbell Heinrich McMorris Arcuri Capps DeFazio Barrett (SC) Higgins Rush Baca Capuano DeGette Cantor Heller Rodgers Cole Hoekstra Slaughter Cao Hensarling McNerney Baird Cardoza Delahunt Davis (AL) Lee (NY) Teague Baldwin Carnahan DeLauro Capito Herger Meek (FL) Doyle Melancon Wamp Carnahan Herseth Sandlin Mica Barrow Carney Dent Carney Hill Miller (FL) b 1256 Barton (TX) Carson (IN) Deutch Carter Himes Miller (MI) Bean Cassidy Diaz-Balart, L. Cassidy Hinojosa Miller, Gary Messrs. LEVIN, COHEN, FARR, Becerra Castle Diaz-Balart, M. Castle Hodes Minnick TOWNS, GEORGE MILLER of Cali- Berkley Castor (FL) Dicks Berman Chandler Dingell Chaffetz Holden Mitchell fornia and Ms. DELAURO changed Berry Childers Doggett Chandler Hunter Mollohan their vote from ‘‘aye’’ to ‘‘no.’’ Childers Inglis Moore (KS) Biggert Chu Donnelly (IN) Coble Israel Moran (KS) Messrs. WEINER, BISHOP of New Bilbray Clarke Driehaus Coffman (CO) Issa Murphy (NY) York, COSTA, SCHIFF, LARSEN of Bishop (GA) Clay Edwards (MD) Conaway Jenkins Murphy, Patrick Washington, SMITH of Washington, Bishop (NY) Cleaver Edwards (TX) Blumenauer Clyburn Ehlers Connolly (VA) Johnson (IL) Murphy, Tim ISRAEL, SERRANO, SESTAK, TAN- Costa Johnson, Sam Myrick Boccieri Cohen Ellison Costello Jones Neal (MA) NER, KANJORSKI, MEEK of Florida, Boren Connolly (VA) Ellsworth Courtney Jordan (OH) Neugebauer FATTAH, GUTIERREZ, BRALEY of Boswell Conyers Engel Crenshaw Kagen Nunes Iowa, PETERSON of Minnesota, Boucher Cooper Eshoo Boustany Costa Etheridge Crowley Kanjorski Nye HEINRICH, KAGEN, PASTOR of Ari- Cuellar Kaptur Olson Boyd Costello Farr Culberson Kildee Owens zona, BOYD, CUELLAR, WALZ, Brady (PA) Courtney Fattah Dahlkemper Kilroy Pastor (AZ) LYNCH, HILL, MATHESON, POM- Bright Crowley Filner

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3458 CONGRESSIONAL RECORD — HOUSE May 13, 2010 Fortenberry Lofgren, Zoe Ross Nunes Rogers (MI) Simpson Conaway Jackson Lee Napolitano Foster Lowey Rothman (NJ) Olson Rohrabacher Smith (NJ) Connolly (VA) (TX) Neal (MA) Frank (MA) Lucas Roybal-Allard Paul Rooney Stearns Conyers Jenkins Neugebauer Frelinghuysen Luja´ n Ruppersberger Pence Roskam Sullivan Cooper Johnson (GA) Nunes Fudge Lynch Ryan (OH) Petri Royce Thompson (PA) Costa Johnson (IL) Nye Garamendi Maffei Sa´ nchez, Linda Pitts Ryan (WI) Thornberry Costello Johnson, E. B. Oberstar Gerlach Maloney T. Poe (TX) Scalise Tiahrt Courtney Johnson, Sam Obey Giffords Markey (CO) Sanchez, Loretta Posey Schmidt Tiberi Crenshaw Jones Olson Price (GA) Sensenbrenner Crowley Jordan (OH) Olver Gonzalez Markey (MA) Sarbanes Westmoreland Grayson Marshall Radanovich Sessions Culberson Kagen Ortiz Schauer Wilson (SC) Green, Al Matheson Rehberg Shadegg Cummings Kanjorski Owens Schiff Wittman Reichert Shimkus Dahlkemper Green, Gene Matsui Schock Kaptur Pallone Roe (TN) Shuster Young (FL) Davis (CA) Kennedy Pascrell Griffith McCarthy (NY) Schwartz Grijalva McCaul Davis (IL) Kildee Pastor (AZ) Scott (GA) Gutierrez McCollum NOT VOTING—22 Davis (KY) Kilpatrick (MI) Paul Scott (VA) Hall (NY) McDermott Barrett (SC) Hodes Schakowsky Davis (TN) Kilroy Paulsen Serrano Hall (TX) McGovern Braley (IA) Hoekstra Schrader DeFazio Kind Payne Sestak Halvorson McIntyre Cole Lee (NY) Slaughter DeGette King (IA) Pence Shea-Porter Hare McMahon Cuellar Moore (KS) Teague Delahunt King (NY) Perlmutter Harman McNerney Sherman Davis (AL) Nadler (NY) DeLauro Kingston Perriello Shuler Wamp Hastings (FL) Meek (FL) Doyle Rangel Waters Dent Kirk Peters Hastings (WA) Meeks (NY) Sires Gordon (TN) Rush Deutch Kirkpatrick (AZ) Peterson Heinrich Melancon Skelton Higgins Salazar Diaz-Balart, L. Kissell Petri Herseth Sandlin Michaud Smith (NE) Diaz-Balart, M. Klein (FL) Pingree (ME) Hill Miller (NC) Smith (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dicks Kline (MN) Pitts Himes Miller, George Smith (WA) The SPEAKER pro tempore (during Dingell Kosmas Platts Hinchey Minnick Snyder the vote). There are 2 minutes remain- Doggett Kratovil Poe (TX) Hinojosa Mitchell Souder Donnelly (IN) Kucinich Polis (CO) Hirono Mollohan Space ing in this vote. Dreier Lamborn Pomeroy Holden Moore (WI) Speier Driehaus Lance Price (GA) Holt Moran (VA) Spratt b 1304 Duncan Langevin Price (NC) Honda Murphy (CT) Stark Mr. FORTENBERRY changed his Edwards (MD) Larsen (WA) Putnam Hoyer Murphy (NY) Stupak Edwards (TX) Larson (CT) Radanovich Inslee Murphy, Patrick Sutton vote from ‘‘nay’’ to ‘‘yea.’’ Ehlers Latham Rahall Israel Murphy, Tim Tanner So (two-thirds being in the affirma- Ellison LaTourette Rehberg Jackson (IL) Napolitano Taylor tive) the rules were suspended and the Ellsworth Latta Reichert Jackson Lee Neal (MA) Emerson Lee (CA) Reyes Terry resolution was agreed to. (TX) Nye Thompson (CA) Engel Levin Richardson Johnson (GA) Oberstar Thompson (MS) The result of the vote was announced Etheridge Lewis (CA) Rodriguez Johnson, E. B. Obey Tierney as above recorded. Fallin Lewis (GA) Roe (TN) Kagen Olver Titus Farr Linder Rogers (AL) A motion to reconsider was laid on Fattah Kanjorski Ortiz Tonko Lipinski Rogers (KY) the table. Filner LoBiondo Rogers (MI) Kaptur Owens Towns Kennedy Pallone Flake Loebsack Rohrabacher Tsongas Kildee Pascrell f Fleming Lofgren, Zoe Rooney Turner Kilpatrick (MI) Pastor (AZ) Forbes Lowey Ros-Lehtinen Upton Kilroy Paulsen EXPRESSING SYMPATHY FOR Fortenberry Lucas Roskam Van Hollen Kind Payne Foster Luetkemeyer Ross Vela´ zquez FLOOD VICTIMS IN SOUTHEAST Kirk Perlmutter Foxx Luja´ n Rothman (NJ) Kirkpatrick (AZ) Perriello Visclosky The SPEAKER pro tempore. The un- Frank (MA) Lummis Roybal-Allard Kissell Peters Walden finished business is the vote on the mo- Franks (AZ) Lungren, Daniel Royce Walz Klein (FL) Peterson tion to suspend the rules and agree to Frelinghuysen E. Ruppersberger Kosmas Pingree (ME) Wasserman Fudge Lynch Ryan (OH) Kratovil Platts Schultz the resolution, H. Res. 1337, on which Gallegly Mack Ryan (WI) Kucinich Polis (CO) Watson the yeas and nays were ordered. Garamendi Maffei Sa´ nchez, Linda Lance Pomeroy Watt The Clerk read the title of the resolu- Garrett (NJ) Maloney T. Waxman Langevin Price (NC) tion. Gerlach Manzullo Sanchez, Loretta Larsen (WA) Putnam Weiner Gingrey (GA) Marchant Sarbanes Larson (CT) Quigley Welch The SPEAKER pro tempore. The Gohmert Markey (CO) Scalise Latham Rahall Whitfield question is on the motion offered by Gonzalez Markey (MA) Schauer LaTourette Reyes Wilson (OH) the gentleman from Tennessee (Mr. Goodlatte Marshall Schiff Lee (CA) Richardson Wolf Gordon (TN) Matheson Schmidt Levin Rodriguez Woolsey COHEN) that the House suspend the Granger Matsui Schock Lewis (GA) Rogers (AL) Wu rules and agree to the resolution, H. Graves McCarthy (CA) Schrader Lipinski Rogers (KY) Yarmuth Res. 1337. Grayson McCarthy (NY) Schwartz Loebsack Ros-Lehtinen Young (AK) Green, Al McCaul Scott (GA) This will be a 5-minute vote. Green, Gene McClintock Scott (VA) NAYS—128 The vote was taken by electronic de- Griffith McCollum Sensenbrenner vice, and there were—yeas 402, nays 0, Grijalva McCotter Serrano Akin Crenshaw Jordan (OH) not voting 28, as follows: Guthrie McDermott Sessions Alexander Culberson King (IA) Gutierrez McGovern Sestak Austria Davis (KY) King (NY) [Roll No. 272] Hall (NY) McHenry Shadegg Bachmann Dreier Kingston YEAS—402 Hall (TX) McIntyre Shea-Porter Bachus Duncan Kline (MN) Halvorson McKeon Sherman Bartlett Emerson Lamborn Ackerman Bishop (UT) Buyer Hare McMahon Shimkus Bilirakis Fallin Latta Aderholt Blackburn Calvert Harman McMorris Shuler Bishop (UT) Flake Lewis (CA) Adler (NJ) Blumenauer Camp Harper Rodgers Shuster Blackburn Fleming Linder Akin Blunt Campbell Hastings (FL) McNerney Simpson Blunt Forbes LoBiondo Alexander Boccieri Cantor Hastings (WA) Meek (FL) Sires Boehner Foxx Luetkemeyer Altmire Boehner Cao Heinrich Meeks (NY) Smith (NE) Bonner Franks (AZ) Lummis Andrews Bonner Capito Heller Melancon Smith (NJ) Bono Mack Gallegly Lungren, Daniel Arcuri Bono Mack Capps Hensarling Mica Smith (TX) Boozman Garrett (NJ) E. Austria Boozman Capuano Herger Michaud Smith (WA) Brady (TX) Gingrey (GA) Mack Baca Boren Cardoza Herseth Sandlin Miller (FL) Snyder Broun (GA) Gohmert Manzullo Bachmann Boswell Carnahan Hill Miller (MI) Souder Brown (SC) Goodlatte Marchant Bachus Boucher Carney Himes Miller (NC) Space Brown-Waite, Granger McCarthy (CA) Baird Boustany Carson (IN) Hinchey Miller, Gary Speier Ginny Graves McClintock Baldwin Boyd Carter Hinojosa Miller, George Spratt Burgess Guthrie McCotter Barrow Brady (PA) Cassidy Hirono Minnick Stark Burton (IN) Harper McHenry Bartlett Brady (TX) Castle Holden Mitchell Stearns Buyer Heller McKeon Barton (TX) Bright Castor (FL) Holt Mollohan Stupak Calvert Hensarling McMorris Bean Broun (GA) Chaffetz Honda Moore (WI) Sullivan Camp Herger Rodgers Becerra Brown (SC) Chandler Hoyer Moran (KS) Sutton Campbell Hunter Mica Berkley Brown, Corrine Childers Hunter Moran (VA) Tanner Cantor Inglis Miller (FL) Berry Brown-Waite, Chu Inglis Murphy (CT) Taylor Carter Issa Miller (MI) Biggert Ginny Clarke Inslee Murphy (NY) Terry Chaffetz Jenkins Miller, Gary Bilbray Buchanan Clay Israel Murphy, Patrick Thompson (CA) Coble Johnson (IL) Moran (KS) Bilirakis Burgess Coble Issa Murphy, Tim Thompson (MS) Coffman (CO) Johnson, Sam Myrick Bishop (GA) Burton (IN) Coffman (CO) Jackson (IL) Myrick Thompson (PA) Conaway Jones Neugebauer Bishop (NY) Butterfield Cohen

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3459 Thornberry Visclosky Westmoreland Mr. CANTOR. Mr. Speaker, I yield to next could be the elimination of the Tiahrt Walden Whitfield Tiberi Walz Wilson (OH) the gentleman from Maryland, the ma- taxpayers’ subsidized union activities, Titus Wasserman Wilson (SC) jority leader, for the purpose of an- a $600 million savings to the taxpayer. Tonko Schultz Wittman nouncing next week’s schedule. Next could be the elimination of a HUD Towns Waters Wolf Mr. HOYER. I thank the gentleman program that funds doctoral disserta- Tsongas Watson Woolsey Turner Watt Wu for yielding. tions. That is a $1 million tax savings Upton Waxman Yarmuth On Tuesday, the House will meet at for the taxpayers. Also, we could see Van Hollen Weiner Young (AK) 12:30 p.m. for morning-hour debate and the people of this country vote for the ´ Velazquez Welch Young (FL) 2 p.m. for legislative business with elimination of new nonreform welfare NOT VOTING—28 votes postponed until 6:30 p.m. programs that could save the public Barrett (SC) Giffords Rush On Wednesday and Thursday, Mr. $3.5 billion. Also, Mr. Speaker, among Berman Higgins Salazar Speaker, the House will meet at 10 a.m. the items that the American public is Braley (IA) Hodes Schakowsky for legislative business. Cleaver Hoekstra opining on right now online is a pro- Skelton On Friday, the House will meet at 9 Clyburn Lee (NY) Slaughter posal to eliminate wealthy commu- Cole Moore (KS) Teague a.m. for legislative business. nities from the CDBG program. That Cuellar Nadler (NY) Tierney We will consider several bills under would offer a $2.6 billion savings to the Davis (AL) Posey Wamp suspension of the rules. A complete list Doyle Quigley taxpayers. Eshoo Rangel of suspensions will be announced by the close of business tomorrow. So I’d say, Mr. Speaker, we on the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE In addition, Mr. Speaker, we will con- Republican side of the aisle, as I have The SPEAKER pro tempore (Mr. sider Senate amendments to H.R. 4213, told the gentleman before, stand ready KISSELL) (during the vote). There is 1 the American Jobs Closing Tax Loop- to work with the majority in hopes of minute remaining in this vote. holes and Preventing Outsourcing Act. trying to encourage legislation that would reflect these cuts, encourage the b 1311 I yield back. Mr. CANTOR. I thank the gentleman. majority to bring those to the floor. So (two-thirds being in the affirma- Mr. Speaker, I would ask the gen- But having not received any bit of co- tive) the rules were suspended and the tleman, given the fact that he has an- operation or at least recognition that resolution was agreed to. nounced only one rule bill for next we need to do something like that, we The result of the vote was announced week, I would ask the gentleman if he intend to bring those votes forward on as above recorded. expects the House to be in session next these items and whichever items the A motion to reconsider was laid on Friday, and I yield. American people vote on first to the the table. Mr. HOYER. I thank the gentleman floor next week. f for yielding. Mr. Speaker, moving on to the gen- PERSONAL EXPLANATION I want to tell the gentleman, al- tleman’s announced schedule. I notice though I announced only the American that the majority leader did not indi- Mr. BRALEY of Iowa. Madam Speaker, I re- Jobs Bill Closing Tax Loopholes and cate whether we would consider a budg- gret missing floor votes on Thursday, May 13, Preventing Outsourcing Act, my expec- et next week. It’s now been 4 weeks 2010. If I were present, I would have voted: tation is we will also deal with the since the April 15 deadline for com- ‘‘Yea’’ on rollcall 271, On Motion to Suspend COMPETES Act next week as well. pleting a budget, and I’d ask the gen- the Rules and Agree to H. Res. 1338—Recog- That bill, we believe, is a very impor- tleman, does he still think that the nizing the significant accomplishments of tant bill. We think it’s very important House will consider a budget prior to AmeriCorps; ‘‘yea’’ on rollcall 272, On Motion for jobs. We think it’s very important Memorial Day, as he stated before? to Suspend the Rules and Agree to H. Res. for investing in our future, and we in- 1337—Expressing the sympathy and condo- And I yield. tend to bring that bill to the floor as lences of the House of Representatives to well next week. Mr. HOYER. I am certainly hopeful those people affected by the flooding in Ten- Mr. CANTOR. I thank the gentleman. that we will deal with the issue of nessee, Kentucky, and Mississippi in May, Mr. Speaker, in keeping with the spending levels by the time we bring 2010. gentleman’s announcement about next appropriation bills to the floor. We are f week’s floor schedule, I’d also like to working on that. PERSONAL EXPLANATION announce an additional item that we I will say to my friend who has just Republicans would like to see and will Ms. SLAUGHTER. Mr. Speaker, I was un- given us an exposition on his new pro- bring up for a vote on the House floor gram—and he gave the Web site ad- avoidably detained on official business and next week. missed rollcall vote Nos. 267, 268, 269, 270, dress, I think—that, first of all, let me Yesterday, House Republicans an- say that we welcome the interest in 271 and 272. Had I been present, I would nounced an unprecedented online effort have voted ‘‘aye’’ on rollcall vote Nos. 267, the Republican Party in cutting spend- called YouCut, and this can be found at ing. Of course, spending was substan- 268, 269, 271, and 272 and would have voted republicanwhip.house.gov/YouCut. This ‘‘nay’’ on rollcall vote No. 270. tially increased when you had the Pres- program allows the public to vote on idency and the House and the Senate, f wasteful programs they’d like to see very substantially, as you know, at APPOINTMENT AS MEMBER TO HIT the House cut. Over 70,000 Americans twice the rate it was increased during POLICY COMMITTEE have thus far voted in the program the Clinton administration. We also be- called YouCut. The SPEAKER pro tempore. Pursu- lieve that we are sure that many citi- I’d say, Mr. Speaker, we will an- ant to section 13101 of the HITECH Act zens have some very useful sugges- nounce the public’s choice this coming (P.L. 111–5), and the order of the House tions. Monday and then provide for debate on of January 6, 2009, the Chair announces the cut of their choosing during our I would also urge them to make their the Speaker’s reappointment of the fol- first rule bill of the week, which, as the suggestions to the commission which lowing member to the HIT Policy Com- gentleman has indicated, is the tax ex- the President has appointed to get a mittee for a term of 3 years: tenders. handle on not 16/100 of spending but on Mr. Paul Egerman, Weston, Massa- And, Mr. Speaker, therefore I would the real dollars that confront us and chusetts. say to the Members that in addition to which the American public are very f the majority leader’s announced sched- concerned about. b 1315 ule, there will also be a vote on the The commission that the President consideration of one of five possible appointed is to look at how we can LEGISLATIVE PROGRAM savings proposals. bring spending down, how we can ad- (Mr. CANTOR asked and was given The first is to eliminate the Presi- dress the deficit, and how we can get permission to address the House for 1 dential Election Fund, and that would back to the place where we were at the minute.) amount to a $260 million saving. The end of 2000, at the end of the Clinton

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3460 CONGRESSIONAL RECORD — HOUSE May 13, 2010 administration when we had a $5.6 tril- least start there rather than kick the the jobs are this time as you usually lion surplus. Unfortunately, that sur- can down the road like Washington has do. There were 290,000 new jobs created, plus was turned into this administra- under both parties’ leadership. And the 230,000 jobs the month before that, and tion inheriting about a $5 trillion def- gentleman knows I am the first to an average of 100,000 jobs have been icit while your party was in total con- admit that our party was fired in 2006 created per month over the last 4 trol of the House, the Senate, and the much on account of the runaway months. administration. spending. But we have an opportunity The gentleman, over the last 4 But we certainly look forward to the to work together to actually begin months, hasn’t mentioned jobs, appar- suggestions that you have or anybody some progress rather than continue to ently because he thinks perhaps we has in the public as to how we can say let’s shift the responsibility out- found them where, frankly, the pre- bring spending under control. side to a commission that the Presi- vious administration lost them wher- Your party has talked a lot about dent has created. ever they were lost. We need to bring earmarks. As the gentleman well The facts are, Mr. Speaker, we’ve them back. knows, in 1994 there were some 4,000 considered 63 resolutions naming post We are investing in bills to get jobs earmarks between our 50 States and 435 offices this year, 62 resolutions con- back. We’re investing in making sure districts. That was escalated under Re- gratulating sports teams, and we’ve that people who have lost their jobs publicans to 15,000—quadrupled the even supported the designation of Pi have some sustenance to support them- number of earmarks. Now the gen- Day. Yet you don’t think, and I really selves and their families. We don’t tleman is against earmarks, at least can’t imagine why, we wouldn’t have think that’s de minimis legislation. We wants a suspension of those. We think time to debate proposals regarding the think it’s critically important. that that is, perhaps, progress. types of savings that I enumerated. b 1330 But I want to tell the gentleman that And that’s why, Mr. Speaker, I would we hope you will cooperate with us in ask the gentleman, if he doesn’t want We are passing legislation to make the findings of the commission. You to engage in the votes that we are sure that people have health care; that have three very outstanding Members going to present next week, why can’t when they lose their job, they lose that have been appointed from this we have a bill brought to the floor with their insurance, they get sick, that House. Hopefully they will make sub- these measures? He and I can sit here they have a COBRA coverage that they stantive suggestions to get the budget and debate in a colloquy, but I think can count on. We don’t think that is de deficit under control as was done in the the American people would like to see minimis. We are working on legislation 1990s when, for the first time in your the House actually engage in these de- to make sure that doctors get reim- lifetime and in mine—and I have a lot bates. bursed at appropriate levels so they So I, again, appreciate the gentle- more lifetime to tout than you do—we will continue to serve the seniors of man’s indication that he wants to work had a balanced budget for 4 years in a America under Medicare. We don’t with us, but time and again we see our- row. That’s never happened in your think that is de minimis action. selves here on this House floor taking lifetime or in mine other than during Now, I could go on and on, as I am up resolutions naming post offices in- the Clinton administration. That was sure you know and probably my col- stead of trying to do the people’s busi- important. leagues know; but we believe we are ness, emphasizing their priority, which Unfortunately, in the following dec- passing a lot of legislation to respond is let’s do something to cut the debt ade that we have just been through, to a deep crisis of economic depths, un- that is being imposed on our kids and again the deficit was exploded. But cer- known since 75 years ago in the Great their kids once and for all. Depression, that we inherited and we tainly any efforts to get suggestions Mr. HOYER. Will the gentleman from anybody, including the American are trying to respond to. And we are yield? now creating jobs. We are now expand- public, of how they think that we can Mr. CANTOR. I yield. reduce spending, bring the deficit Mr. HOYER. We’ve done some very ing the economy. under control, is welcome, and we look substantive things, most of which your Somebody that you may agree with forward to hearing suggestions. party has opposed. We passed last year most of the time, Larry Kudlow, said, But I want to say that while some of the American Recovery and Reinvest- you ought to stop talking down the the programs you have mentioned, I ment Act which you voted against and economy. The facts speak for them- have one of those programs being a which your party voted, to a person, selves. GDP growth for three quarters $200,000 program. You say it’s a $1 mil- against. I don’t know whether you hap- in a row, jobs being created, stock mar- lion program. In either event, it’s cer- pened to see that, as a result of that ket up. It has been down and up in lit- tainly worth looking at to see whether act, people last year paid the lowest tle glitches, but it is up some 70 per- it has value to invest dollars in. tax rates that they have paid since cent on the Dow, 80 percent on the But you and I both know that in a 1950. We reduced over $300 billion in S&P, and almost 100 percent on the $3.56 trillion budget deficit that we taxes for individuals and small busi- NASDAQ. None of that we think is de have to look at the big numbers where ness. minimis, I tell my friend. we’re spending money and what poli- Now, you can make fun of the resolu- Both sides, by the way, do what you cies we have adopted in order to get to tions that your party introduces and just did. We did it to you and we made where I think all of us want to be, and my party congratulating people for fun of these little resolutions that that’s back to where we were in fiscal things or noting that post offices are don’t take much time but are meaning- year 1997, 1998, 1999, and 2000. being renamed or things of that nature, ful to the constituencies that hear I yield. but that’s a ruse. That’s not the sub- about them and appreciate the fact Mr. CANTOR. I thank the gentleman stance of what we do here. Members that their efforts throughout the coun- for his sentiments. want to acknowledge their hometown try were acknowledged in one way or I would say, Mr. Speaker, that first folks. I’ve been in the legislature for a another, or that somebody that has of all, if we can’t start here and instead long period of time. They did that in great respect in their community was have to wait until after the upcoming the State senate. They do it here. And honored. Many soldiers and sailors and election, what does that say to the sometimes it’s easy to make fun of. airmen and marines are being honored American people? But we’ve done some very sub- by having post offices named for them I also have noted that the gentleman stantive things. The gentleman knows in their communities. Others are being has issued statements about the rel- that. This is one of the most produc- honored. ative size of the proposed options on- tive Congresses that I’ve served in over So I tell my friend, we need to be se- line under the YouCut program. And the last 30 years in terms of very im- rious. We have a critical deficit con- nowhere else, nowhere else but Wash- portant pieces of legislation. Your fronting us. We have a critical long- ington could these cuts be deemed to party has voted, in many instances, term deficit confronting us. We have a not be significant. Just because they against that legislation. critical problem of an unsustainable are less than 1 percent of the Federal The proof of the pudding, of course, is entitlement regime confronting us. The budget doesn’t mean we ought not at in its eating. You didn’t ask me where Peterson Institute is running hearings

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3461 all over this country to say, Ameri- of 800-some billion dollars, that has months of over 400,000 jobs. The Bush cans, tell us what you think. I don’t proven not to be a good, quote-un- administration had 5 of those months, think your idea is a bad idea of asking quote, investment and in fact has now and the Bush administration’s average Americans. We all want to ask Ameri- saddled our kids and their kids with job creation over 96 months was 11,000 cans: What do you think? So we can even more debt, and sent a signal to jobs; 216,000 versus 11,000 jobs. come together to solve what we both the global investment community that So the economy was in great distress. agree is a very serious economic ditch America may have trouble paying its Yes, we had to invest. Yes, we had to into which we have fallen. We need to bills. borrow. Because, if we didn’t, our get out of it. We need to work together That is why we are intent on trying grandchildren—and I have grand- to do that. The American public ex- to bring forward the You Cut proposals children. I have a great grandchild. I pects us to do that. to begin changing the culture here in am very worried about what they are Mr. CANTOR. I thank the gentleman. this town, in this body, to begin to save going to inherit, and I knew that we Mr. Speaker, I would say, first of all, taxpayer dollars, not with an emphasis could not allow the economy to fall I think the gentleman knows I have on spending. through the floor. never, never rooted against this econ- I yield to the gentleman. But let me say this. This is from USA omy or this country. In fact, I have Mr. HOYER. I thank the gentleman Today, from an article that appeared: gone out of my way to make public for yielding. Maybe the public gets Taxes Paid Have Fallen Much Faster statements when we have positive job tired of this back and forth. But the Than Income in This Recession. Your growth to say, when we see jobs grow- gentleman talks in ways that indicate proposition was taxes fell because in- ing, it is a good thing. Period. I have that all of a sudden, in 2009, January, come fell. Personal income fell 2 per- been consistent in that message. when President Obama took office, cent last year. That is 2 percent too So I just wanted to speak to that and somehow the world fell apart. In point much. Actually, it is about 10 percent correct the gentleman’s assertion that of fact, as the gentleman knows, in the too much, because we would have somehow I am not giving credit for job last year of the Clinton administra- hoped they would have gone up 5 per- growth. But I would say we do have tion, we gained 1.9 million new jobs. In cent or 6 percent or 7 percent. much work to be done. the last year of the Bush administra- But listen to this next sentence. I He indicates that somehow this last tion, under the policies that the gen- know you will want to get this next year was a year that Americans paid tleman supported and his party was sentence: ‘‘Taxes paid dropped 23 per- lower taxes than ever before in recent very enthusiastic about, we lost 3.8 cent. The BEA classified Social Secu- memory. I would say they paid lower million jobs. That is a 5.7 million job rity taxes as insurance payments.’’ taxes because we have a progressive turnaround. So I tell my friend, we inherited a tax system; and the fact that the reces- Yes, we were in dire straits. And con- terrible economy from the Bush admin- sion reduced income by over $200 bil- servative economists, Republican istration, and we have been working lion last year versus 2008. That is the economists, Mr. Zandi and others, as very hard to bring it back. And almost reality. If you want to get serious, that well as progressive economists, liberal every indication indicates that in fact is the reality. Not some fantasy that economists, call them what you will, it is coming back. We invested in try- we have somehow lowered tax rates, all said: If you do not invest in this ing to keep the automobile companies when we know good and well at the end economy, if you do not invest in stabi- employing people, and they are doing of this year tax rates are expected to lizing this economy, very frankly, you that. skyrocket again on top of what we are going to lose 800,000 in additional have just done with the new entitle- revenues. Which meant that you would So I tell my friend that I did not, as ment bill and the health care bill. be in the same debt position whether you recall, imply that you had talked So I would say to the gentleman, I you invested that money or didn’t. down the economy. What I said was am not questioning his intentions. I Now, in investing that money, I say Larry Kudlow, talking to his fellow am not saying that there haven’t been to my friend, with all but maybe 2 conservatives, said, Don’t do it, be- substantive proposals brought to the months over the last 15 months we cause the facts don’t warrant that kind floor. I am saying there have been a have had a straight line out of the al- of attack. disproportionate number of times we most 800,000 jobs that under your poli- So we are going to continue to work. have been on the floor doing things cies were lost in the last month of the I want to work with you. We want to that we could have been spending time Bush administration. Almost 800,000 get this economy moving. We want to on others to do more productive things jobs. We have been on a straight line to create jobs. You will have legislation for the people of this country. now where 5 of the last 6 months, we on the floor next week, hopefully you I agree; the gentleman says we are at have had positive job growth. will work with us, that we think will a crossroads. Yes, we are. The problem Is it enough? It is not. Should we do do that. It will create summer jobs. It is, the substance and the policy pro- more? We should. Should we cooperate will invest in infrastructure with the posals that the gentleman and his in doing that? Absolutely. That is what America Bonds program. So there are a party have been bringing to the floor the American public expects us to do. number of things that you will have an over the last year and a half have seri- But don’t forget the fact of how we got opportunity to vote on next week, I ous consequences, and they are aggra- here. Don’t forget the fact that an hope you will join us, which are going vating the future prospects for growth awful lot of economists on your other to continue to stabilize those who in this country. side of the aisle said we needed to in- don’t have jobs and to create jobs for He just indicated, Mr. Speaker, that vest or the economy was going to fall them in the new economy. entitlements, if we don’t get a handle even further, and we wouldn’t have Mr. CANTOR. I thank the gentleman. on entitlements, we could see our that straight line out of the depths of And I know that the gentleman knows, standard of living go down. Well, you loss of jobs into the positive numbers having quoted the article that he did, are absolutely right. The gentleman is of creating jobs. in that same article the writer gives a correct on that. But what did we just Let me also say to you, you men- lot of credit to the impact of the so- pass a few months ago? The largest en- tioned taxes, and you mentioned the called Bush tax cuts as being economi- titlement ever. fact that somehow it was because in- cally generative, causing some of the So, again, we can say things and we comes fell. Incomes did fall, and that positive results. can have good intentions; but when was unfortunate. They fell because, we Mr. HOYER. If the gentleman will they are matched with the deeds, some- believe—we don’t agree on this—it was just yield on that, are you referring to thing just doesn’t add up. because of the economic policies that the paragraph that says: ‘‘Presidents And I would say, Mr. Speaker, the were pursued. We think our facts are Clinton and Bush pushed through a se- issue is about spending. It is about the valid. ries of tax changes, credits, lower debt we are amassing. So when the gen- I would remind you, 216,000 jobs per rates, higher exemptions that slashed tleman points out that they have month for 96 months under the Clinton income taxes for poor and middle-class brought to the floor the stimulus bill administration, average, 216,000; 21 families’’?

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3462 CONGRESSIONAL RECORD — HOUSE May 13, 2010 Mr. CANTOR. That is correct, I Mr. HOYER. I don’t think I men- there is some cooperation and agree- would say to the gentleman. I am refer- tioned a figure on the extenders. I am ment. The gentleman and I are both ring to that. pretty sure I did not, not today or, strong supporters of the Iran sanction And so while we are on that subject, frankly, any other day, because it legislation. We believe that not only is we know very well there has been no hasn’t been finally completed by the the Middle East region at risk, but the indication whatsoever that the ability Ways and Means Committee. As you international community is at risk as for entrepreneurs to continue to expe- know, they are working with the Sen- long as Iran is pursuing its intent to rience an atmosphere that is conducive ate Finance Committee as well, and arm itself with nuclear weapons. to their investment and assumption of working with Republicans. As you I tell the gentleman that I have been risk will continue, because we are fac- know, this was a bipartisan bill when it working very closely with Mr. BERMAN, ing the largest tax hike in American came from the Senate, Republicans and it is my hope and expectation that history at the end of this year and the supported it, and we hope it is a bipar- this conference report will be reported majority has been unwilling to say tisan bill as it leaves here. back to us before the Memorial Day that is not coming. That is hanging But let me say the fact is what the break, and it is my intention to work over this economy as a veil of uncer- Senate sent us, we are working on. The towards having that sent to the Presi- tainty. process that we will consider it has not dent before we leave here for the Me- And I would say to the gentleman, if yet been finally determined, so I can’t morial Day break. he is so excited about the positive re- tell the gentleman exactly what that Mr. CANTOR. And I would ask, Mr. sults that he indicates, largely due to will be. But some of the things I have Speaker, would the same be for the the fiscal policies in place that will be already mentioned will be in it, UI and supplemental as well—before the Me- not in place after the end of this year, COBRA, FMAP, Build America Bonds morial Day recess? I would say that maybe we should con- for local infrastructure programs, sum- Mr. HOYER. I don’t think the same sider extending the rate cuts and cap mer jobs programs so we can get young would be because of both the Senate gains and dividends and marginal rate people to work this summer so that and the House. I’m hopeful that we will reductions that are in place now. they will have some livelihood and can pass the supplemental through the I would also say to the gentleman, help their families who are in distress. House, but it won’t be in the same posi- listen, we have been now for weeks and tion because we haven’t had a con- months through this: Your fault, our b 1345 ference on the supplemental. The Sen- fault. Your fault, our fault. The public We also, as I said, are going to deal ate is working on a bill, as the gen- and the American people are upset. with the SGR to ensure seniors can They don’t want blame games any- tleman knows. We’re working on a bill. keep their doctors. We’ll conclude pro- I have talked to the chairman, and he more; they want to stop the spending. visions to close tax loopholes, crack And just next week, the gentleman is is trying to get the matter together for down on outsourcing of jobs overseas the committee. And I am hopeful that talking again about bringing more and protect American jobs here at spending. He indicates that all econo- we will pass it through the House. My home. Those are all the things that I urging is that we pass it through the mists supported the stimulus bill. He think will be in it. That’s not nec- knows that is not true. But, like a good House prior to the Memorial Day essarily an exclusive list, but that is break. But, obviously, the gentleman lawyer, he is going to present his case. certainly a bill that we think will be But what I would say to the gentleman, knows we will not have effected a con- pro-business, and confirming many of ference by that time. But we want to let’s stop the spending now. the tax benefits that are given to busi- That is why we have started and do so very shortly because, clearly, we nesses, as you well know, that we regu- need to make sure the resources are launched the You Cut program. And, if late, continue, including the invest- he alleges incremental modest steps, available for our men and women in ment tax credit so that we can encour- fine. Join us in that. But let’s stop the harm’s way in both Iraq and Afghani- age businesses to grow and invest and spending, Mr. Speaker. stan and in other troubled spots of the Mr. HOYER. I don’t want to get too to create jobs. world. So that is an outline of it. This proc- personal on this, but what do you think Mr. CANTOR. Mr. Speaker, in clos- about cutting the spending for the ess has not yet been decided. I’m sure ing, I look forward to continuing to high-speed rail between Richmond and there will be discussions about that to- work with the gentleman in a fiscally Washington? morrow with our Rules Committee responsible manner, which starts with Mr. CANTOR. Well, I would say to chair and with the committee. Perhaps passing a budget blueprint for this the gentleman, I have always, way be- we can know at a later date. year, just like American families have fore we have even encountered that Mr. CANTOR. Again, just to clarify, to do. stimulus bill, supported job-generating Mr. Speaker, does that mean that the I thank the gentleman once again for projects. The studies in the metropoli- bill will not go through committee? his time, and I yield back. tan area from which I come and rep- Mr. HOYER. I think, as you know, resent indicate that Virginia could there was a bill over from the Senate, f which was bipartisan in nature, and I grow 165,000 jobs with that kind of in- AUTHORIZING THE SPEAKER TO vestment. think that we need to move this bill before Memorial Day. I think that the DECLARE A RECESS ON THURS- Mr. HOYER. Is that a ‘‘no’’? DAY, MAY 20, 2010, FOR THE PUR- Mr. CANTOR. That has always been committee is going to have to decide POSE OF RECEIVING IN JOINT my position. how to get that done in the fastest way But when we are looking at some of possible so that many of the expiring MEETING HIS EXCELLENCY the items that we are discussing here issues do not expire, which would be FELIPE CALDERON HINOJOSA, on the You Cut options, these are very detrimental to docs and to many PRESIDENT OF THE UNITED items that are niceties. They may be other people. MEXICAN STATES well-intentioned; but if we are worried Mr. CANTOR. Mr. Speaker, the gen- Mr. HOYER. Mr. Speaker, I ask about job creation and we are worried tleman and I have been working to- unanimous consent that it may be in about deficits growing, we ought to gether for some months now on the order at any time on Thursday, May 20, begin to take action now. Iran sanctions bill. And also crucial to 2010, for the Speaker to declare a re- I would ask the gentleman, he men- the national security of this country is cess, subject to the call of the Chair, tioned the tax extenders bill for next the war supplemental. He has indicated for the purpose of receiving in joint week, and I wonder if he could tell us before that the Iran sanctions con- meeting His Excellency Felipe the content of that bill. Will there be a ference report and the war supple- Calderon Hinojosa, President of the markup on the bill? Reports have indi- mental will be coming to the House United Mexican States. cated, and perhaps the gentleman has floor prior to the Memorial Day recess. The Speaker pro Tempore. Is there said, that the bill will be nearly $200 I’d ask whether that still is the case. objection to the request of the gen- billion. And what kind of rule, whether Mr. HOYER. I’m sure everybody lis- tleman from Maryland? it be open or not, would he expect? tening now will be glad to hear that There was no objection.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3463 HOUR OF MEETING TOMORROW was also a member of Second Baptist Church permanent status issues. The world Ms. SUTTON. Mr. Speaker, I ask for more than 70 years. needs a secure Israel and it needs an unanimous consent that when the Mr. Elkins leaves to cherish his memory his independent, viable Palestinian state. House adjourns today, it adjourn to wife Eleanor, to whom he was married for 65 However, simply declaring support for meet at 11:30 a.m. tomorrow, and fur- years, their sons Bill and Larry, two grand- one side or the other does not really ther, when the House adjourns on that children, and a host of family, friends and col- help either side. Both sides benefit day, it adjourn to meet at 12:30 p.m. on leagues. from peace. We need to build a con- Tuesday, May 18, 2010, for morning- We honor Mr. Elkins today—a good and de- stituency for peace, and that means hour debate. cent American whose deeds in life and record support for each side to make the nec- The SPEAKER pro tempore. Is there of public service deserve to be acknowledged essary concessions. objection to the request of the gentle- and commemorated. f May God rest his soul. woman from Ohio? NEVER BEEN IN A COURTROOM f There was no objection. (Mr. POE of Texas asked and was f CUT SPENDING AND GET THE given permission to address the House ECONOMY MOVING for 1 minute.) TRIBUTE TO WILLIAM ‘‘BILL’’ (Mr. BURTON of Indiana asked and Mr. POE of Texas. Mr. Speaker, the ELKINS, JR. was given permission to address the new Supreme Court pick, Elena Kagan, (Ms. WATSON asked and was given House for 1 minute and to revise and has never been a judge. News reports permission to address the House for 1 extend his remarks.) say she doesn’t have trial court experi- minute.) Mr. BURTON of Indiana. Mr. Speak- ence as a lawyer. As a lawyer, she Ms. WATSON. Mr. Speaker, I rise er, I listened with great interest to the never questioned a witness or made an today to honor the life of William majority leader—the Democrat major- argument before a jury. She’s never ‘‘Bill’’ Elkins, Jr., who was born Janu- ity leader’s comments about the ac- been a trial judge so she never had to ary 20, 1920, to William and Virginia complishments that have been made by make a constitutional ruling in the Elkins. He, sadly, passed way on May this Congress. I would just like to say courtroom in the heat of trial. She’s 12 of this year. briefly this: the American people don’t never heard a civil case. She’s never Mr. Elkins was born and raised in want to hear this hyperbole. They heard a criminal case. She’s never even Los Angeles, California, where he was don’t want to hear these long disserta- heard a traffic case. She’s never ruled known for his civility, loyalty, discre- tions about what’s being accomplished on the rules of evidence like the exclu- tion, diplomacy, and dedication to civil around here. What the American people sionary rule. She’s never instructed a rights. He was the right-hand man of want is to cut spending and to get this jury on reasonable doubt or sentenced the late Mayor Tom Bradley for 40 economy moving again and create jobs. a convicted criminal. Why should Elena Kagan be con- years—before, during, and after the And blowing money like the Democrats firmed to a lifetime appointment to mayor’s four times in office—as the are doing and creating a debt that our the most powerful court in the world? first African American to hold that kids will never be able to deal with is She’d be judging trial lawyers and trial high post and as the elected official not the answer. judges who’ve been through the mud who held it the longest to date. And so I’d like the next time that and the blood and the beer of court- Mr. Elkins met the future mayor they have this discussion back and room trials. A trial—maybe something while they attended Lafayette Middle forth for 45 minutes that they cut to she’s never even seen. She’s an aca- School in South Los Angeles. Their the chase and say, We’re going to do demic elitist that’s never tried a case. friendship strengthened in subsequent this to cut spending. We’re going to do That’s like putting someone in charge years of study in college and work for this to create jobs. And we’re going to of the brain surgery unit that’s never the City of Los Angeles. cut taxes like Ronald Reagan did to get A graduate of Jefferson High School, done an operation. this economy moving again, instead of And that’s just the way it is. young Bill Elkins left college to serve all this other stuff that’s going on. f his country by enlisting in the Army f and was assigned for 4 years to Italy STAMP CAMP USA during World War II. He returned to ISRAELI-PALESTINIAN PEACE TALKS (Mr. THOMPSON of Pennsylvania earn his bachelor’s degree in political asked and was given permission to ad- science at UCLA, where he and Tom (Mr. ELLISON asked and was given dress the House for 1 minute and to re- Bradley pledged Kappa Alpha Psi fra- permission to address the House for 1 vise and extend his remarks.) ternity together. He worked for the minute.) Mr. THOMPSON of Pennsylvania. county as a probation officer and Mr. ELLISON. Mr. Speaker, I come Mr. Speaker, philately, or stamp col- earned his juris doctorate from South- to the House floor today to congratu- lecting, is a hobby that teaches his- western University Law School, once late Palestinian Authority Chairman tory, art, geography, and even her- again taking classes with LAPD Officer Mahmoud Abbas and Israeli Prime aldry. As stamps have branched out Tom Bradley, who was the best man at Minister Benjamin Netanyahu on their into film and iconic figures, there his wedding in 1945. decision to start proximity talks. I be- seems to be no limit to the subjects He then became the director of Teen lieve the United States’ national secu- they cover, from Elvis to dinosaurs to Post. It was an inner-city after-school rity interest is directly linked to the Laurel and Hardy. youth program. He rose to be the gen- resolution of this long-standing con- I rise today to honor Stamp Camp eral counsel right next to our mayor, flict. I also believe that, like other USA as it celebrates its 15th year in Tom Bradley. seemingly intractable conflicts, the Elkland, Pennsylvania. The camp is He became the Mayor’s point-man on af- Israeli-Palestinian conflict can be re- the brainchild of Cheryl Edgcomb, who firmative action and was more responsible solved, especially with the active and is the local postmaster in Nelson, than any other single individual for remedying even-handed leadership of the United Pennsylvania. Her camp introduces the exclusion of people of color and women States. Congratulations to President stamp collecting from basics, like sort- from employment in responsible positions for Obama and Envoy Mitchell, who got ing and handling, up to beginning ex- the City of Los Angeles. He was also Mayor right to work on Middle East peace hibiting using both creative 3-dimen- Bradley’s liaison to Washington, DC, and was right after the President’s inaugura- sional and traditional formats. responsible for several citywide programs, in- tion and, despite huge hurdles, have As the children learn, they earn cluding the city’s Area Agency for Aging and both been persistent. ‘‘stamp camp cash,’’ which they use to multiple youth programs. I hope the President continues to en- purchase supplies for their hobby. After Mayor Bradley left office, Elkins served courage all parties to negotiate seri- There is a whole network of supporters on the board of the Thomas Spiegel Family ously and in good faith and to move of the camp, including 4–H, Boy Scouts, Foundation as that philanthropy’s vice presi- from proximity talks to direct negotia- Girl Scouts, YMCA, YWCA, public li- dent, until he retired a few years ago. Elkins tions to reach agreement on final and braries, Experience Works, AmeriCorps

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3464 CONGRESSIONAL RECORD — HOUSE May 13, 2010 VISTA, Head Start, and others. Stamp us during this 1 week. We must appre- poral Harvey was killed on April 6, Camp USA has expanded to other re- ciate their service and support them 2009, in a vehicle accident while on gions of the country. every week, every day. We must com- duty. Corporal Harvey joined the Lub- This month, we celebrate the 15th an- mit ourselves to the mission of sup- bock County Sheriff’s Office in 2001 and niversary of the camp in an attempt to porting the service of our police and was a member of the Texas Tactical break a new Guinness world record for giving them the means to fulfill their Peace Officers Association. Corporal the largest evident collection of rain- oath. That’s why this year and in pre- Harvey was a devoted father to sons bows on stamps. We wish them luck in vious years, I supported full funding to J.D. and Austin and loving husband to the competition and continued success the Community Oriented Policing his wife, Stacy. in teaching children to love collecting Services, known as the COPS program. Corporal Harvey’s name will be en- stamps. Congress created COPS in the 1990s to graved on the National Law Enforce- f address increasing crime rates, and it ment Officers Memorial and will be re- has succeeded in putting over 117,000 vealed during a ceremony in honor of b 1400 more police on the beat. COPS’ funding all 116 officers who were killed in 2009. SPECIAL ORDERS had been cut significantly after the I will have the great honor to meet 1990s, but I am proud to say that I have Corporal Harvey’s parents, Danny and The SPEAKER pro tempore. Under fought to make sure that this funding Diana, and his brother Brendan while the Speaker’s announced policy of Jan- is continually improved and restored. they are here in Washington and to uary 6, 2009, and under a previous order The Recovery Act that was passed welcome the Lubbock County Sheriff’s of the House, the following Members and was supported by the FOP provided Department Honor Guard. We cannot will be recognized for 5 minutes each. $1 billion for this competitive grant, and will not forget the service of Cor- f aiding police forces that were facing poral Harvey and the many others who NATIONAL POLICE WEEK drastic cuts in the face of a declining have lost their lives in the line of duty. economy. There were 165 officers’ jobs Mr. Speaker, we sometimes take for The SPEAKER pro tempore. Under a saved throughout Ohio, and in my dis- granted that every day, 7 days a week, previous order of the House, the gentle- trict alone 30 officers’ positions were 365 days a year, that men and women woman from Ohio (Ms. SUTTON) is rec- saved through COPS funding by the Re- go out and put on a different uniform ognized for 5 minutes. covery Act, and that doesn’t even take than our Nation’s military. They put Ms. SUTTON. Mr. Speaker, I rise into account all of us who were saved on a uniform of keeping the peace in today in recognition of National Police and safer because they were on the our country, keeping our homes safe, Week. In 1962, President John F. Ken- street. keeping our businesses safe, keeping nedy signed a Presidential proclama- We must continue to fight for fund- our streets safe. And we thank those tion that set aside May 15 as National ing and support our police, just as they men and women that do that. Some- Peace Officers Memorial Day, and the fight for us every day to keep us safe, times I think we take them for grant- week of May 15 an as National Police just as Officer Kerstetter and Officer ed. Week. Since that time, we have dedi- Patton fought to keep us safe and gave I hope that the American people will cated this week to honor those who their lives to protect us, let us always use this week to go up to a peace offi- have fallen in the line of duty. be there for them. cer, a law enforcement officer and take During this week, police officers and that opportunity to say ‘‘thank you.’’ their families and people in our com- f But also, maybe you live in a neighbor- munities throughout the country come The SPEAKER pro tempore (Mr. hood where a sheriff’s officer or a po- together to honor and remember those LUJA´ N). Under a previous order of the lice officer lives in your neighborhood. officers who have fallen in the line of House, the gentleman from North Caro- Maybe they live next door to you. I duty. It’s a week to honor their serv- lina (Mr. JONES) is recognized for 5 hope you will take time to say to their ice, their sacrifice, and their life. But minutes. family, Thank you for supporting your this week is also for the surviving fam- (Mr. JONES addressed the House. His dad or your mom or your husband or ily members and fellow officers of the remarks will appear hereafter in the your wife and allowing them to serve fallen. It’s a time of tribute, and it’s a Extensions of Remarks.) our country in this very special way time of healing. f because truly, it is a team sport, be- Northeast Ohio has experienced the cause without the support of the fami- tragic loss of two police officers re- HONORING CORPORAL HARVEY lies, these men and women could not go cently this year. At the end of his DURING NATIONAL POLICE WEEK and do the great job that we ask them watch on March 15, 2010, Officer James The SPEAKER pro tempore. Under a to do. And what we learn is, this is a Kerstetter of the Elyria Police Depart- previous order of the House, the gen- dangerous job, and unfortunately every ment was shot and killed in the line of EUGEBAUER tleman from Texas (Mr. N ) year, we lose officers in the line of duty. Just 2 days earlier, on March 13, is recognized for 5 minutes. duty. We’ve already lost at least one in Officer Thomas Patton of the Cleve- Mr. NEUGEBAUER. Mr. Speaker, Na- the 19th Congressional District this land Heights Police Department col- tional Police Week provides an oppor- year. So from all the people in the 19th lapsed and died while in pursuit of a tunity for all of us to reflect on our law Congressional District—and I think I suspect. Officers Kerstetter and Patton enforcement officers’ countless con- can speak for all the people across gave their lives in protection of their tributions to building safe commu- America, thank you, peace officers, law communities. These brave men knew nities, not only in the Nation but also enforcement officers all across our the risks of the profession, but they in the 19th Congressional District. This country. And may God bless you, and also knew the rewards. Our policemen week, we pay tribute to those police of- may He continue to bless the United and women are part of the foundation ficers who sacrifice so much for our States of America. of our communities. They risk it all as safety. I am honored to stand behind they walk the beat and patrol the those who risk their lives on a daily f streets, keeping our families and basis to keep our families and our neighborhoods safe. Police officers go neighborhoods safe. During this week, to work every day, committed to the we also take time to remember those REMOVAL OF NAME OF MEMBER oath that they take to serve and pro- officers who we have lost in the line of AS COSPONSOR OF H.J. RES. 76 tect. And too often when officers fall, duty and their families. Mr. KILDEE. Mr. Speaker, I ask we are reminded of the costs and the This week, members of the Lubbock unanimous consent to remove my sacrifice of the protection they provide County Sheriff’s Office are in Wash- name as cosponsor of H.J. Res. 76. us. ington to attend the candlelight vigil The SPEAKER pro tempore. Is there But we must not only remember in honor of fallen police officers across objection to the request of the gen- their service in times of loss. We must the Nation, including Lubbock County tleman from Michigan? not only appreciate all that they do for Sheriff Deputy Corporal Harvey. Cor- There was no objection.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3465 The SPEAKER pro tempore. Under a Mr. POE of Texas. Mr. Speaker, how gives the Fed the responsibility to reg- previous order of the House, the gentle- long is Congress going to sit idly by ulate interest rates. But the Constitu- woman from California (Ms. WOOLSEY) while the Federal Reserve destroys the tion does not give the Fed or any other is recognized for 5 minutes. value of the U.S. dollar? On Friday, government agency the power to regu- (Ms. WOOLSEY addressed the House. May 7, our dollar was worth only one late interest rates. Her remarks will appear hereafter in twelve-hundredth of an ounce of gold. There’s a lot of talk about how im- the Extensions of Remarks.) That means that the dollar has lost portant it is that the Federal Reserve f more than three-quarters of its value should be independent. Well, Mr. in just 9 years, since 2001. Speaker, I don’t believe that any part REMEMBERING LENA HORNE Let’s not kid ourselves and think the of the government should be inde- The SPEAKER pro tempore. Under a value of our dollars in terms of gold pendent of the Constitution. All the previous order of the House, the gentle- doesn’t matter. Where gold prices go, Fed’s vaunted independence has pro- woman from California (Ms. WATSON) is other prices follow. We are either going duced is two boom-bust cycles in 10 recognized for 5 minutes. to see the dollar price of gold fall or we years, the second one worse than the Ms. WATSON. Today I would like to are in for a blast of inflation that will first. acknowledge the loss of one of Holly- crush the middle class and lead to yet Mr. Speaker, there is wisdom in the wood’s brightest stars, the legendary another recession. Constitution. That is why I have intro- Lena Horne. Lena Horne broke barriers If you think that this can’t happen, duced H.R. 835, which is called the Dol- as a performer. She began her career at let me remind you that is exactly what lar Bill Act. This bill would fulfill Con- age 16, making a name for herself as a happened in the 1970s and the early gress’ constitutional responsibility to dancer in Harlem’s renowned Cotton 1980s. Do we want to go back to the define the value of the dollar. By doing Club in the 1930s. She became the first 1970s? Do we want to have double-digit so, we can stabilize the value of the black performer with a major Holly- inflation followed by double-digit un- dollar and stabilize the American econ- wood studio contract. In 1942, Lena employment? Well, that will happen omy. moved to Los Angeles, where she ap- unless we stabilize the U.S. dollar. Mr. Speaker, we need to hold hear- peared in such movies as ‘‘Cabin in the And let’s not kid ourselves and think ings on this bill. The American people Sky,’’ ‘‘Meet Me in Las Vegas,’’ and that because the dollar is rising want a stable economy and a stable fi- ‘‘The Wiz.’’ Her role in the film against the euro, all is well in America. nancial market, so we need a stable ‘‘Stormy Weather’’ included her ren- The euro and the dollar are both head- dollar. It’s time for Congress to buck it dition of the title song, which became ed off the financial cliff. The euro is up and fulfill its constitutional duty her trademark. just jumping first. Mr. Speaker, how and regulate the value of the dollar. And that’s just the way it is. A remarkable, charismatic enter- can we expect to have a stable econ- tainer, Horne became one of the top- omy or a stable financial market with- f earning performers of black Hollywood out a stable currency? The dollar is in- b 1415 by 1945. Lena is now credited with pav- volved in every single transaction we The SPEAKER pro tempore. Under a ing the way for many black actresses do. If it moves around, it takes every- previous order of the House, the gentle- in Hollywood who aspire towards larger thing with it. We have seen in the past woman from Florida (Ms. KOSMAS) is roles in film productions. Though pri- 2 years just how high the cost of an un- recognized for 5 minutes. marily known as an entertainer, Horne stable dollar can be. (Ms. KOSMAS addressed the House. also was noted for her work with civil Robert Mundell, the Nobel Prize-win- Her remarks will appear hereafter in rights and political organizations. As ning economist and adviser to Presi- the Extensions of Remarks.) an actress, she refused to play roles dent Reagan, says that it was the Fed- f that stereotyped African American eral Reserve that caused the real es- women, and by the 1960s, she became a tate bubble and bust. He says that the HONORING CAPTAIN BRANDON prominent celebrity voice in the civil Fed is responsible for the economic cri- BARRETT rights movement. She joined in the sis we are in today. That makes sense. The SPEAKER pro tempore. Under a March on Washington when Martin Lu- It takes a lot of power to do this much previous order of the House, the gen- ther King gave his ‘‘I Have a Dream’’ damage, and there is no economic tleman from Indiana (Mr. BURTON) is speech and spoke at a rally with power greater than money. recognized for 5 minutes. Medgar Evers. Her one-woman show, Here’s what happens, and people are Mr. BURTON of Indiana. Mr. Speak- ‘‘Lena Horne: The Lady and Her not stupid: When the price of gold er, one of the things that really con- Music,’’ garnered many awards, includ- heads up, people sense that inflation is cerns me about war is we lose so many ing a Drama Critics’ Circle Award and on the way. The way you protect your- fine young men and women in conflict, a special achievement Tony Award. In self from inflation is to buy real assets in the combat area. One of the finest 1984, Horne received a Kennedy Center with borrowed money. The longer the young men in my district from Marion, honor for lifetime contribution to the inflation goes on, the more leverage Indiana, Captain Brandon Aaron Bar- arts, and in 1989, a Grammy Award for builds up and the bigger the ultimate rett, who was 27 years old, died lifetime achievement. crash. Well, we got the bubble in real Wednesday, May 5, while serving in Af- As a pioneer black celebrity in a time assets in 2001 to 2007 and the crash ghanistan. when blacks went in the back door, came in 2008. Do we want another one? Brandon was born January 21, 1983, in Lena Horne sang out, and she sang out Isn’t 9.9 percent unemployment high Albuquerque, New Mexico. As a child, front and entertained the Nation and enough? Brandon was friendly and energetic, the world. Her smile and her presence Mr. Speaker, I have right here a making friends with everyone he came opened doors in a time when blacks pocket Constitution that many Mem- in contact with. He played sports, and were denied their basic civil rights. She bers carry around with them. When all he dreamed of serving in the United lit up Hollywood. And we join the Na- else fails, we ought to read the Con- States military. He wanted to be a ma- tion, her family, her friends, and col- stitution. It says in article I, section 8, rine. leagues in mourning the loss of this Congress shall have the power to coin After graduating from Marion High legendary entertainer and civil rights money, regulate the value thereof, and School in 2001, he went to the United activist. of foreign coin, and fix the standard of States Naval Academy and he was very f weights and measures. proud of that. He graduated from there What this means is that Congress is in 2006. Upon graduation, Brandon was REGULATING THE DOLLAR IS supposed to set the value of the dollar. assigned to the 1st Battalion, 6th Ma- CONGRESS’ RESPONSIBILITY It is the constitutional duty of Con- rine Regiment, 2nd Marine Division, II The SPEAKER pro tempore. Under a gress to regulate the value of our Marine Expeditionary Force at Camp previous order of the House, the gen- money. But Congress ignores its legal Lejeune, North Carolina. Brandon de- tleman from Texas (Mr. POE) is recog- obligation and does not regulate the ployed twice to Afghanistan in support nized for 5 minutes. value of money. What Congress does, it of Operation Enduring Freedom, once

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3466 CONGRESSIONAL RECORD — HOUSE May 13, 2010 from March to October of 2008 and then 2008. Barrett was assigned to the 1st Bat- Barett had been well known in Marjah, ac- again in December of 2009. talion, 6th Marine Regiment; 2nd Marine Di- cording to the article. He guarded a post During Captain Barrett’s distin- vision, II Marine Expeditionary Force at that checked traffic coming in and out of the guished career, he received multiple Camp Lejeune in North Carolina. He de- town that was once a Taliban stronghold. ployed to Afghanistan in support of Oper- The city was taken over by the Marines and awards for his service. The awards that ation Enduring Freedom from March to Oc- their Afghan allies in February. Zinni told he received include the Navy and Ma- tober 2008 and again in December 2009. the Times that it was generally a boring rine Achievement Medal, National De- Barrett’s awards include the Navy and Ma- duty, but Barrett was good about it. fense Service Medal, Global War on rine Corps Achievement Medal, National De- According to the article, Barrett would Terrorism Service Medal, Afghanistan fense Service Medal, Global War on Ter- visit the neighborhood elders in Marjah, and Campaign Medal, and the NATO Inter- rorism Service Medal, Afghanistan Cam- could even partially speak their language— paign Medal and NATO International Secu- Pashto. national Security Assistance Force rity Assistance Force Medal. Medal. He has also recently been post- Zinni told the Times he thinks the lieuten- Brandon ‘‘Bull’’ Barrett was an out- ant was targeted and it makes him angry. humously promoted from first lieuten- standing athlete, an avid outdoorsman and a ‘‘Everyone in the block knew him, knew he ant to the rank of captain. His deep natural leader. He confronted every task was the officer,’’ the captain said of Barrett. commitment to the United States Ma- with enthusiasm and accepted each responsi- Barrett was the first death in Marjah for rine Corps and the men he led was in- bility with dignity. His passionate commit- the battalion’s weapons company. surmountable. ment to the Marine Corps and to his troops Barrett’s friend, Andrew Morrell of Mar- was insurmountable. Those who knew him Brandon ‘‘Bull’’ Barrett will be re- ion, said the efforts Barrett made to know will remember his loyalty and his dedication the elders in Marjah and learn their lan- membered in Marion, Indiana, as a to friendship most of all. His eyes held no guage was part of his character: gifted athlete, avid outdoorsman, and a prejudice, and he greeted everyone with a ‘‘The main reason why Jesus affected the smile. Brandon kept the city of Marion, Indi- natural born leader. Those who knew lives of so many people in his ministry in ana closest to his heart, returning home on him best will remember him for not Galilee is because he dwelt amongst the peo- nearly every leave. To its citizens and to the only the loyalty and perseverance that ple. This is the exact same reason why Bran- countless numbers of lives that he touched, served him so well in the Marine Corps, don made such an impact among friends, Brandon Barrett will forever be remembered family, but even more, strangers,’’ wrote but also his unwavering dedication to as a hero. the friendships of his youth in Marion. He is survived by his mother, Cindy Bar- Morrell, who, communicated by e-mail while Throughout his life, Brandon kept the rett; his father, Brett Barrett; his sisters, in Israel. city of Marion close to his heart, com- Ashley and Taylor Barrett; his brother, f ing home on nearly every leave, and al- Brock Barrett; and his grandmother, Carmen The SPEAKER pro tempore. Under a ways greeting everyone he met with a Johnson. Additional survivors include sev- previous order of the House, the gentle- eral aunts, uncles and cousins. smile. Visitation will be held on Friday, May 14, woman from Ohio (Ms. KAPTUR) is rec- To the citizens of the State of Indi- 2010 from 4 p.m. to 8 p.m. in the Marion High ognized for 5 minutes. ana, his fellow marines, and the count- School Bill Green Athletic Arena, 750 W. 26th (Ms. KAPTUR addressed the House. less others he touched, Brandon will Street, Marion, IN 46953. Her remarks will appear hereafter in forever be remembered as a hero. Our A funeral service will be held at 10 a.m. on the Extensions of Remarks.) thoughts, prayers, and deepest condo- Saturday, May 15, 2010, also at the MHS Bill f lences go out to his mother, Cindy; his Green Athletic Arena. A burial service will follow at Gardens of Memory, 11201 S. Mar- The SPEAKER pro tempore. Under a father, Brett; his brother, Brock; and ion Rd. 35, Marion, IN 46952. previous order of the House, the gen- his sisters, Ashley and Taylor. In lieu of flowers, donations can be made tleman from Kansas (Mr. MORAN) is Mr. Speaker, one of things that we for those wishing to contribute to a memo- recognized for 5 minutes. never really think about is the impact rial and scholarship fund in Brandon’s name. (Mr. MORAN of Kansas addressed the it has on other people in the Corps or Please send contributions to STAR Wealth House. His remarks will appear here- in the Army or Navy when they lose Management, Capt. Brandon A. Barrett Me- after in the Extensions of Remarks.) one of their beloved fighting buddies. morial Fund, 3610 River Crossing Parkway— Suite 190, Indianapolis, IN 46240. f His captain, his commanding officer Local arrangements are being handled by said in an article, ‘‘It’s surreal.’’ He Needham-Storey-Wampner Funeral Service, The SPEAKER pro tempore. Under a said, ‘‘I keep expecting him to walk North Chapel, 1341 N. Baldwin Avenue, Mar- previous order of the House, the gen- around the corner, big smile on his ion, IN. tleman from Oregon (Mr. DEFAZIO) is face.’’ They can’t believe he is gone. He Barrett was killed in Afghanistan a week recognized for 5 minutes. said that everyone who knew him knew ago today, 60 days before he was scheduled to (Mr. DEFAZIO addressed the House. return home from his tour in combat. he was a leader, an officer, and a great His sister, Ashley Barrett, said she and her His remarks will appear hereafter in man, and he is sorely missed. family are looking forward to allowing her the Extensions of Remarks.) I would like to say once again to his brother to be at peace by finally laying his f family, our condolences, our deepest body to rest. The SPEAKER pro tempore. Under a More details regarding his killing were re- condolences go out to you. Everyone in previous order of the House, the gen- Indiana and throughout the country is ported this week by The Sunday Times, of London. tleman from Texas (Mr. PAUL) is recog- very happy that he served this country ‘‘That article was very upsetting to read,’’ nized for 5 minutes. with such great distinction. Ashley Barrett said. (Mr. PAUL addressed the House. His [From The Chronicle-Tribune, Marion, IN, She said the information reported in the remarks will appear hereafter in the May 12, 2010] British newspaper was more than what the Extensions of Remarks.) BRANDON AARON BARRETT family received in the casualty report pro- vided by the U.S. Marine Corps. f Jan. 21, 1983–May 5, 2010 According to the article, under the head- Brandon Aaron Barrett, 27, died on line, ‘‘Swift and bloody: the Taliban’s re- CALLING ON MOROCCO TO RE- Wednesday, May 5, 2010, serving his country venge,’’ a Taliban gunman shot Barrett SPECT HUMAN RIGHTS AND RE- in Afghanistan. He has recently been post- while he was fortifying his post in the LIGIOUS FREEDOM humously promoted from the rank of first Helmand town of Marjah. Barrett and Lance The SPEAKER pro tempore. Under a lieutenant to captain by the United States Corporal Marcus Lounello, 21, did not have Marine Corps. their flak jackets on because of the heat that previous order of the House, the gen- Barrett was born Jan. 21, 1983 in Albu- day. The Times article said Barrett was shot tleman from Virginia (Mr. WOLF) is querque, New Mexico. He spent his childhood in the chest as he stood between two ar- recognized for 5 minutes. befriending everyone he met, playing sports, mored vehicles and died before a medical Mr. WOLF. Mr. Speaker, I rise today and dreaming of becoming a soldier for the team could reach him, and Lounello was also to bring to the attention of my col- United States military. shot and suffered extreme internal injuries: leagues the precarious situation of Brandon graduated from Marion High Lounello is expected to recover. Christians and other religious minori- School in 2001, and he was proudly accepted ‘‘It’s surreal’’ Captain Tony Zinni, into the United States Naval Academy at Barrett’s commanding officer in the 1st Bat- ties in Morocco. In March, Moroccan Annapolis, Maryland. He graduated in 2006, talion, 6th Marine Regiment, told the Times authorities deported approximately 40 joined the Marine Corps, and was promoted on Saturday. ‘‘I keep expecting him to walk U.S. citizens and scores of our foreign to the rank of first lieutenant on May 26, around the corner, big smile on his face.’’ nationals. The individuals deported

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3467 were charged with proselytism, which advisory for Morocco so all U.S. citi- ‘‘There have been occasional deportations of is against the law in Morocco. How- zens are aware of the potential risks. people accused of proselytizing before, but ever, Moroccan authorities have re- Additionally, the Tom Lantos Human never so many at once, and they’ve never ex- fused to turn over any evidence or offer Rights Commission, which I cochair, pelled a Catholic before. And for the police to enter a church on Sunday, during serv- any explanation of the charges. will hold a hearing on June 17 to fur- ices, to arrest people? Absolutely unprece- Among the individuals who were de- ther explore the issues of human rights dented.’’ ported or denied reentry were business- and religious freedom in Morocco. According to the Moroccan government, men, educators, humanitarian and so- I call on the Government of Morocco the deportees all broke the law, using their cial workers, many of whom had re- again to uphold its commitment to the status as aid workers to cover their proselyt- sided in Morocco for over a decade in principles of religious tolerance and izing. ‘‘They are guilty of trying to under- full compliance with the law. Those de- freedom that for so long made it a mine the faith of Muslims,’’ Interior Min- ported were reportedly forced to leave model of tolerance and modernity in ister Tayeb Cherkaoui said in a press release. the country within 2 hours of being the Arab world. But were they? Broadbent denies the questioned by authorities, leaving all Again, I call on our Embassy, and I charges. Part of his job at the Village of of their belongings behind. think our ambassador should be speak- Hope was to ensure that staff members un- As a result, a number of organiza- ing out, the State Department should derstood the rules prohibiting proselytizing, tions which were run by foreign nation- be speaking out, and the White House and he notes that all the orphanage’s chil- als and provided vital community serv- should be speaking out to raise this dren received instruction in Islam. ‘‘We ices have been shuttered. One organiza- issue with Moroccan authorities at the weren’t teaching Christianity in any formal way,’’ he says. But asked if reading the Bible tion which has been adversely affected highest levels in defending the rights to Muslim children constitutes proselyt- is the Village of Hope orphanage in Mo- and interests of these American citi- izing, he said, ‘‘We understood that it wasn’t. rocco’s Atlas Mountains. Time Maga- zens whose lives have been shattered And in any case, the authorities have always zine reported that: ‘‘The Village of by these events. known that these children were being raised Hope deportations are part of what ap- [From Time, Mar. 21, 2010] in Christian families.’’ In fact, Village of pears to be a widespread crackdown on IN MOROCCO, A CRACKDOWN ON CHRISTIAN AID Hope had been operating for 10 years and had Christian workers in Morocco.’’ WORKERS received ‘‘institutional’’ status from the Mo- roccan government this year—a designation A New Zealand native and staff of the (By Lisa Abend) meaning it meets government standards. orphanage, Chris Broadbent, told Time March 8 is not a day that Chris Broadbent Many of the other deported Christians had that ‘‘most of the couples were there as will soon forget. The preceding weekend, also been in Morocco for extended periods of foster parents and had raised these gendarmes entered the Village of Hope, a time. So why were they evicted now? children since infancy.’’ Christian-run orphanage in Morocco’s Atlas Mountains where Broadbent, a New Zealand Christopher Martin, a pastor since 2004 at Colorado couple Eddie and Lynn the Casablanca International Protestant Padilla were amongst those expelled native, worked as a human resources man- ager, and began questioning children and Church, says he’s talked to three different from the Village of Hope, forced to staff. At first, he and the other foreign work- people with connections ‘‘high up in the Mo- leave their two Moroccan sons behind. ers were assured that the interrogation was roccan government’’ and heard three dif- Mr. Padilla told 9 News Colorado that routine. But as it dragged on, the questions ferent explanations for the action. But one his 2-year-old son, Samir, ‘‘didn’t un- turned to subjects like ‘How do you pray?’ common thread, he points out, is that the of- derstand what was happening but knew and the police began searching homes on the ficials leading the crackdown—the Justice it wasn’t good.’’ He went on to describe compound for children’s Bibles. On Monday and Interior ministers—were both appointed morning, after being held in a separate room in January. That suggests to many Chris- the heart-wrenching story of their sud- tians in Morocco that the officials were den separation and how Samir jumped from the orphanage’s 33 children, Broadbent and his 15 colleagues were summarily de- eager to quickly make a mark on the polit- into his father’s arms and cried, ‘‘I ported from Morocco, accused of illegally ical landscape with an initiative likely to want to go with you, Daddy.’’ proselytizing for their faith. have broad popular support. The harsh nature of these expulsions ‘‘Most of the couples were there as foster Although the Moroccan government has in call into question the longstanding parents and had raised these children since recent years dramatically reformed its fam- friendship and mutual cooperation be- infancy,’’ Broadbent says. ‘‘When they were ily law to better protect the rights of women tween the United States and Morocco told that their parents had to leave, it was and has even sponsored programs to train dating back to the letter the Sultan of chaos—the kids were running after any adult women as Muslim preachers, it has also Morocco sent to George Washington at they could find, and just holding on. It was proven responsive to an increasingly reli- the most devastating thing I’ve ever seen.’’ Valley Forge declaring that American gious public. In recent years, alcohol li- The Village of Hope deportations are part censes have become much more difficult to vessels were permitted to enter Moroc- of what appears to be a widespread crack- obtain, and last September, for the first can ports to ‘‘take refreshments and down on Christian aid workers in Morocco. time, police in various cities arrested Moroc- enjoy in them the same privileges and An estimated 40 foreigners—including Dutch, cans who were eating in public during the immunities as those of the other na- British, American and Korean citizens—have fast period of Ramadan. The action prompted tions.’’ This letter signified the first of- been deported this month, including a formal complaint from the international ficial recognition of our fledgling Na- Broadbent and his colleagues. Among them organization Human Rights Watch. tion. were an Egyptian Catholic priest in the northern city of Larache and a Korean-born Aaron Schwoebel, the information officer I have worked with Moroccan and Protestant pastor in Marrakesh who was ar- at the U.S. embassy in Rabat, says that the U.S. officials over the last 2 months in rested as he led services in his church. And Moroccan government has told the embassy an attempt to find a satisfactory solu- this past week, authorities searched an or- there will be more deportations, including tion to this matter. Unfortunately, the phanage founded by American missionaries other Americans. He said the government did Moroccan Government seems to be un- in the town of Azrou called The Children’s not indicate when. ‘‘We urge the Moroccan Haven. Salim Sefiane, a Moroccan who was government to act in accordance with its willing to compromise, as evidenced by highest traditions of tolerance,’’ Schwoebel a recent letter I received from a rep- raised at the orphanage and is still in touch with workers there, said the officials interro- says, ‘‘and respect the human rights of the resentative of the King. members of these religious minority commu- Earlier this week, 10 additional for- gated the orphanage staff and asked children as young as 8 years old to demonstrate how nities, including those of our own citizens.’’ eign nationals were asked to leave the they pray. No action has been taken yet Now living in Spain after the gendarmes country. It is our responsibility to against the orphanage’s workers, Sefiane escorted him and his family to a departing speak out on behalf of human rights said. ferry in Tangier, Broadbent hopes for the abuses which have been perpetrated by The large-scale deportations came as a sur- same thing. The last he heard, the Village of the Moroccan Government. prise in a nation that is among the most lib- Hope children were still living at the orphan- President Reagan modeled this ap- eral of Muslim countries. Although trying to age, but he suspects they may soon be sent proach by consistently speaking out on convert Muslims to other faiths is illegal, to other homes. ‘‘We’d like to open a dia- Morocco tolerates the presence of other reli- logue that would lead to reuniting these behalf of the persecuted and tirelessly gions and is home to a number of churches families,’’ he says. But in the meantime, he defending human rights and religious and synagogues. ‘‘There are several things can only wonder about the meaning of it all. freedom. about this that are really striking,’’ says ‘‘Is this an isolated incident?’’ he asks. ‘‘Or Today I sent Secretary of State Clin- Spanish journalist Ignacio Cembrero, who is Morocco steering away from its tolerant ton a letter asking her to issue a travel has written several books about the country. past?’’

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3468 CONGRESSIONAL RECORD — HOUSE May 13, 2010 ROYAUME DU MAROC, MINISTERE DES Whenever this serene Islam has been tar- war is rarely a good idea, and when it AFFAIRES ETRANGERES ET DE LA geted by proselytizing or heretical activities, is, it should be executed with the most COOPERATION, Moroccan authorities were obliged to act, in amount of care for our soldiers and our Congressman FRANK R. WOLF, all legality, to protect the faith of Moroccan veterans, and who believe diplomacy is Washington, DC. society. almost always the right answer. HONORABLE REPRESENTATIVE, His Majesty On this basis, it should be noted that repa- King Mohammed VI acknowledges receipt of triation procedures were regularly under- The Progressive Caucus, who believe your letter regarding the repatriation meas- taken, these past years, against some of ‘‘our immigration reform should be humane ures taken against American citizens by the brothers in Islam’’ both from Shiite or and that we should put ideas of family Government of the Kingdom of Morocco. Wahhabi rites. In all these cases, the same reunification and a path towards citi- In answer to your request, I have been in- type of administrative procedure was fol- zenship up front. The Progressive Cau- structed by His Majesty the King, Com- lowed. cus, which believes that during this mander of the Faithful, to share with you Therefore, taking into account all these time of financial fragility and uncer- certain remarks and clarifications in the considerations, there can be no mistake tainty that we need a robust, strong re- hope they may alleviate your concerns re- about the intent and attitude of the Moroc- form bill that will hold Wall Street ac- garding this issue. can authorities in this issue. I can assure countable so that the money of the Firstly, I would like to assure you that the you that in no way whatsoever are these iso- Kingdom of Morocco attaches great impor- lated cases in breach freedom of worship, American people is cared for in a safe tance to its historic ties of friendship with which is guaranteed by the Moroccan Con- and proper way. This is the Progressive the United States of America, with which it stitution. Nor can they be perceived as hav- Caucus, and this is the progressive shares a unique and longstanding relation- ing any political or religious connotations. message where the Progressive Caucus ship which His Majesty the King seeks to The Kingdom of Morocco has always been comes to the House floor to talk about preserve and deepen in all areas of exchange a land of dialogue and exchange, as well as a issues of and concern to the American and cooperation. crossroads where different civilizations, cul- people, to explain the position of the The values of freedom, democracy and tol- tures and religions can meet. His Majesty Progressive Caucus to the American erance which brought us together in the past the King, Commander of the Faithful, war- are still, today, the solid foundation on people and to talk about things that rants the exercise of this freedom across the really matter and to make sure, Mr. which we have erected an exemplary bilat- Moroccan territory as a whole and in an eral partnership characterized in particular, equal manner, for Muslims, Jews and Chris- Speaker, that the American people by an open, honest and candid dialogue. It is tians of all persuasions. know that there is a progressive voice precisely this dialogue, pursued at all levels While remaining at your disposal should in Congress. That voice is the Progres- of society, which has always allowed us to you wish any further explanations, please ac- sive Caucus, and this is the progressive bridge any temporal divides which may come cept the assurances of my highest regards, message. between us by working, together, past them Yours Sincerely, Mr. Speaker, today the topic for the on the basis of our shared values and endur- TAIB FASSI FIHRI, progressive message is Wall Street re- ing interests. Le ministre. In this spirit, I would like to expose to you form and jobs. Wall Street reform and my country’s perspective regarding the issue f jobs. A lot of people think about this presently at hand: REAPPOINTMENT AS MEMBERS TO Wall Street reform package that is The repatriation measures which con- BOARD OF DIRECTORS OF THE moving its way through Congress and cerned, amongst others, a number of Amer- OFFICE OF COMPLIANCE they think, You know what? I know ican citizens, solely and exclusively targeted this has a lot to do with me, but I am proselytism activities which are clearly and The SPEAKER pro tempore. Pursu- not exactly sure what. People know it categorically forbidden by both the precepts ant to section 301 of the Congressional was tax money that was pulled to- of Islam and Moroccan legislation, equally Accountability Act of 1995 (2 U.S.C. gether during September and October vouched for by His Majesty the King as Com- 1381), as amended by Public Law 111– of 2008, and that the Troubled Asset Re- mander of the Faithful and Head of State. 114, the Chair announces on behalf of The repatriation measures were not taken covery program was pulled together against the concerned parties in relation to the Speaker and minority leader of the and salvaged some American banks to their Christian faith, but because they had House of Representatives and the ma- stop the whole system from going committed criminal offences, as proven by jority and minority leaders of the down. The American people know that. an investigation conducted by the relevant United States Senate their joint re- It was unpopular, nobody wanted to do legal authority, namely the Crown Prosecu- appointment of the following individ- it, but people knew it had to do with tion Office, following formal complaints, uals on May 13, 2010, each to a 5-year them and their tax money. The Amer- namely by parents and close relatives of the term on the Board of Directors of the ican people also know it had something children concerned. Office of Compliance: These measures should, thus, be construed to do with credit-default swaps and it as logical, legal and legitimate decisions re- Roberta L. Holzwarth, Illinois; had something to do with mortgage- sulting from a thorough investigation which Barbara L. Camens, Washington, backed securities; but the fact is, Mr. established, on the basis of verifiable and D.C., Chair. Speaker, this stuff is a little confusing substantial evidence that foreign nationals, f and it makes a lot of sense for us to under the pretence of conducting charitable PROGRESSIVE CAUCUS talk about it. But it makes sense to actions, had engaged in proselytizing. talk about it from the standpoint of Under such circumstances, Moroccan au- The SPEAKER pro tempore. Under thorities were obligated to fulfill their re- jobs and businesses, particularly small the Speaker’s announced policy of Jan- businesses, and it makes sense to talk sponsibilities by duly enforcing the Law, in uary 6, 2009, the gentleman from Min- full respect of the rights and dignity of the about it from the point of view of the concerned parties. nesota (Mr. ELLISON) is recognized for consumer. So we will be talking about Indeed, the choice of an administrative 60 minutes as the designee of the ma- that today over the course of the next procedure of repatriation—as provided for by jority leader. hour. national legislation—instead of a legal pro- Mr. ELLISON. Mr. Speaker, I am But before we do, I want to dive into cedure, was made to spare concerned parties claiming the time on behalf of the Pro- a few things about jobs, about the state the unavoidable ordeal which would result gressive Caucus, which is that body of our economy. The fact is that it is from a trial, no matter how fair it may be. within the Congress itself, that group In addition, were the concerned parties to good news that we have seen some posi- feel they had been unjustly treated, Moroc- of people who are dedicated to the tive job news. On May 7, just a few days can law provides them with the right to peti- ideals that have made America fairer, ago, the Department of Labor reported tion for nullity of the measures taken America more open, America more in- that 290,000 jobs were created in April. against them if these are found to be an clusive, and America more peaceful This is a good thing, but I am quite abuse of power. over the years. The Progressive Cau- certain if you look around the neigh- Moroccan Islam, founded upon values of cus, who believes that working people borhoods and the farms and the rural openness, tolerance and moderation, is the of America deserve fair wages, workers’ communities and the urban centers and fruit of long years of peaceful coexistence be- rights, and things like that; who be- tween the varied and rich strata of Moroccan in the suburbs of the United States, society. It constitutes a central pillar up- lieve that our country should be at there are still a lot of people not work- holding Moroccan society which needs to be peace with the rest of the world, and ing. Positive job growth, yes, because preserved against any undermining or per- who believe in diplomacy and who be- the Democratic Caucus, led by a pro- versions. lieve in talking it out and who believe gressive voice, helped to make that

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3469 happen. But the fact is that there are contrast to 727,000 average jobs lost per facturing sector by providing tax re- still a lot of people out of work. month during the last 3 months of the bates to homeowners who install en- b 1430 Bush administration. No one should ergy-saving products. That’s right. So ever forget that in the last month of that’s the Home Star Bill. Much has been done. Much needs to the Bush administration, January 2009, Mr. Speaker, also, the Congress and be done because this 290,000 jobs in January 2009, this economy lost 741,000 the President have worked together to April is good, but the fact is we need jobs. And that was about average for enact a whole array of broad tax cuts about 300,000 jobs added per month in the last 3 months of the Bush adminis- that working families and middle class order to keep up with population. If we tration. families and small business owners can do less than that, the unemployment Right now, we’ve seen a 290,000 job in- have, which ends the era of Republican rate will remain high, and that is crease. The stimulus package worked. tax breaks focused only on the something that is wrong and we should The Democratic Caucus is working, wealthy. do something about. and we need more job growth in order It’s important to point out, Mr. But I do want the American people to to make sure that young people coming Speaker, that Democrats, even progres- know that we’ve seen 290,000 jobs added out of school in the next few weeks will sives, don’t object to tax breaks. We in April. Good sign. And then we saw have a job to do, and those folks who just object to tax breaks for the people 231,000 created in the private sector, are still among the ranks of the unem- who don’t need a tax break. American and that’s a lot of jobs, and that’s ployed can get work. people working hard every day can use good, most of that growth coming from So since the Recovery Act, stocks them, and we’ve been in favor of them. the private sector. have gone up across the board, the Dow All told, Congress has enacted more Those 290,000 jobs, new American jobs has gone up over 70 percent, and the than 800 billion tax cuts with another added in April, larger than expected S&P 500 is up 80 percent, NASDAQ is up 285 billion making their way through and the largest gain since March 2006, about 100 percent. Congress in order to help spur innova- that goes to show that addressing Last year, Americans’ tax bills were tion and employment for people who health care, addressing the stimulus at their lowest points in 60 years, since actually need it and can use it. package and the American recovery the Truman administration. Congressional Republicans threaten package are things that really help the So just going on, Mr. Speaker, talk- to take us back to the failed policies American economy and are getting our ing about the state of our economy, be- that created the economic crisis. In economy back on the road to health. fore we get to Wall Street reform, job fact, Mr. Speaker, I’m going to be talk- But the question is, Mr. Speaker, growth seems to be moving up. We ing about Wall Street reform, which what does it mean for so many people, seem to be moving from this state of actually is the kind of reform that we still out of work. We still need a jobs job loss to now job growth. Still we need to correct what the Republicans bill. We still need to do something have 10 percent unemployment, and have created, which is a failed econ- about jobs. And we need something to we’ve got to do something about it. omy, which the Democrats, right now, stimulate job growth in our public sec- During the 111th Congress, this Con- are trying to pull the American people tor and in our private sector. This is gress, Democrats have taken a series of out of. undone work, still needing to be done. steps to make these positive job num- Congressional Republicans are trying We want to celebrate the good news, bers a reality. I want to talk about to take us back to these old policies. but we want to also talk about what those tonight, Mr. Speaker, because They want to side with the special in- else needs to be done. The good news is it’s important that the American peo- terests, with Wall Street banks, credit that this is the fourth consecutive ple know that, with the progressive vi- card companies, Big Oil, and insurance month of job growth with 537,000 jobs sion, often led by the Progressive Cau- companies. This is wrong, Mr. Speaker. added since December. So this is nearly cus, that this Democratic Caucus has And we’re here to do something about a half a million jobs added, 84 percent been doing the right thing for the it. of which is in the private sector. American economy. For example, we These economic and fiscal policies So some friends on the Republican passed the HIRE Act. This is a bipar- created by the Bush administration side of the aisle have said, oh, well, tisan bill to create 300,000 jobs with tax created the Bush recession, the worst yeah, you know, you spend a lot of incentives for businesses that hire un- financial crisis since the Great Depres- money in the recovery package and, employed Americans. This is helping sion of the 1930s, with job losses of yeah, you’re going to get positive job people out. And the HIRE Act is help- nearly 800,000 a month during the Bush growth in the public sector. But these ing small business add people on their administration, and nearly doubled our jobs, the growth has been in the pri- rolls so that they can work. national debt. vate sector, which means that the The American Workers State and It’s amazing when you hear Repub- stimulus bill worked, and the Amer- Business Relief Act, this bill offers tax licans talking about spending, given all ican people are benefiting from it right incentives, again, to spur business in- the spending that they did, putting our now. novation and tax cuts for families with economy at risk. Also, it’s true that in March sales of kids headed to college and disaster re- Republicans have voted against every new homes increased about 27 percent, lief for States, combined with econ- single piece of economic legislation, to 411,000 at an annual rate, the strong- omy-boosting unemployment benefits from the Recovery Act to the Wall est since last July, the biggest month- and health care for Americans hit by Street reform, choosing the special in- ly increase in 47 years. The biggest the recession. terests over the American worker and monthly increase in 47 years. We also passed the Small Business families and small businesses. Home prices in February rose 1.4 per- and Infrastructure Jobs Act. This bill So, Mr. Speaker, the Democrats, the cent, posting the first year-to-year extends aid to States to provide sub- Democrats in Congress will continue to gain in more than 3 years. sidies to employers, including small take America in a new direction, work- The unemployment rate, as I men- businesses who hire unemployed work- ing to create American jobs and a new tioned before, unfortunately, increased ers that is on track to put over 160,000 strong foundation for our economy, to about 9.9 percent. It went down to Americans back to work. That’s good protecting Main Street and the middle 9.7 and dipped back up to 9.9, about 10 news. class, and getting results. percent. But this is a result of over And then of course, last week, we I’m going to talk about one of those 805,000 people entering the workforce passed the Home Star Bill, which will major reforms in just a moment. But because people feel that this is a time create much needed jobs in the manu- during the last 3 months of the Bush they might be able to find a job again. facturing sector by—we passed the administration, we lost an average of These people need to find that job op- Home Star Bill, which gives tax incen- 726,000 jobs, Mr. Speaker. In the last 3 portunity, and that’s why the Congress tives to renovate homes. months we’ve created 186,000 jobs. The needs to pass more job legislation. But also one bill that’s been intro- current unemployment rate is 9.9 per- Over the past 3 months, we’ve added duced is an important bill that will cent. So we’re coming back. We’re an average of 187,000 jobs per month, in create much needed jobs in the manu- moving up. We’ve got much more to do,

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3470 CONGRESSIONAL RECORD — HOUSE May 13, 2010 but that then sets the stage, Mr. simple, Mr. Speaker. Wall Street re- for the stimulus bill that helped to cre- Speaker, for the Wall Street reform form means policing Wall Street, ate that 290,000 job bump that we saw discussion we’re going to have tonight. meaning have real regulators up there in April. None of them even supported Mr. Speaker, let me start out with a to actually hold some people account- the stimulus bill which has led us back very simple proposition, a very simple able, no more Bernie Madoffs, no more to positive job growth. They were proposition. Wall Street reform is good folks who made off with the money. against it, even though they spent for Main Street. Very simple propo- Wall Street reform means ending money on wars, spent money on Iraq, sition. Wall Street reform is good for bank bailouts. Everybody hated the spent money on giving the richest peo- Main Street. Wall Street reform is bailout. In my opinion it was a nec- ple tax cuts. They oppose it when we good for Main Street because if Wall essary thing to do, but it was one of are trying to get average working Street creates a situation where those kinds of things that we all hated Americans some jobs and some unem- they’ve got to have massive bank bail- to do. We need to end taxpayer-funded ployment insurance. outs, that’s coming out of the tax- bailouts forever, and that’s why we By the way, it’s amazing, but they payer, which is represented by Main need resolution authority. And I’ll talk are against curtailing excessive Wall Street. about what that means. Street bonuses. They actually have the We’ve got to make sure that we pass And we need, also, Mr. Speaker, to nerve to say stuff like, well, should we financial reform legislation that stops stabilize the economy. We need to stop curtail the bonuses of professional ath- the bailouts, that stops the tricky and these wild bubbles. This bubble during letes? Should we curtail bonuses of this fine print and the hidden terms and the the first decade of this century created person or that? Look, that’s irrelevant. nonunderstandable and indecipherable a housing bubble which led to a, what, Those guys aren’t asking for the Amer- contracts for credits cards. Wall Street a bursting of the bubble, and we saw ican people to bail out their bank. This reform is good for Main Street. real, real pain: 2.8 million foreclosures is about saying if a big Wall Street We need to create a situation, Mr. last year alone, Mr. Speaker. We can- CEO wants to get a golden parachute Speaker, where people who want to, if not revisit that kind of situation after running the company into the you want to sell a loan or you want to again. ground like Stan O’Neal did Merrill sell a mortgage you’ve got to keep And stop gambling with worker pen- Lynch, then maybe the American peo- some skin in the game. You can’t just sions. Some folks don’t really realize ple should have something to say about sell that mortgage and now you don’t how deeply involved Main Street is in it. If you want a bunch of money from care if it’s well underwritten. You Wall Street. But if you have a 401(k) or the public trough, you shouldn’t be fly- don’t care if you’ve made sure some- a pension or anything like that, Mr. ing around on jets just to come testify, body’s going to pay that loan back, be- Speaker, your retirement money is on getting excessive bonuses, stuff like cause you sold the paper that’s all you Wall Street. We can’t allow it to be that. It’s just fair. So this is what we need to know. That’s something that’s gambled by people who are looking for are talking about. got to change. All those things rep- no more than a quick return with very The Republicans opposed creating a resent Wall Street reform. Wall Street little accountability. That’s what it new consumer protection agency. Wait reform is good for Main Street. means. Wall Street reform means po- a minute. You mean to tell me the Main Street, whether Main Street’s licing Wall Street, ending bank bail- American people haven’t gone through in Minneapolis, which is my town, or in outs, stabilizing the economy and stop- 2.8 million foreclosures in 2009 alone all Los Angeles or in Peoria, Illinois or in ping gambling with worker pensions. based on no doc loans, liar loans, loans Laverne, Minnesota or any small town Now, Mr. Speaker, I think it’s impor- where nobody even wants to figure out across America, or any big town across tant for people who are out there lis- whether you can pay back the loan, America, or any suburb or anywhere, tening, Mr. Speaker, to understand where they just put pressure tactics on Wall Street reform is good for Main what it is, who’s on the side of the peo- you to just sign, sign, sign, sign, sign. Street. It protects our tax dollar. It ple and who isn’t. Who’s side are you You mean to tell me you don’t want protects the consumer, and it makes on is what this bill, this board asks, somebody to watch and make sure that sure that there are fair, clear rules for Mr. Speaker. Who’s side are you on? these loans are fair, that the terms of Wall Street to live by. Not unfair rules, And the question is, Democrats rep- the loan are clear, that people under- not rules that are bad for Wall Street, resent Main Street. And that’s why stand what the interest rate is going to but rules which allow good actors on Democrats support jobs bills, as I just really be, that they really understand Wall Street to remain good, and allows talked about, support unemployment that the total amount you are going to the unscrupulous actors to get some insurance. Democrats support cur- have to pay for this house over the punishment for what they have done. tailing excessive Wall Street bonuses. term of the loan, that you understand But you’ve got to understand that if We’ll talk about those in a minute. what negative amortization is, that we don’t have clear rules, clear rules of Democrats represent creating new this teaser rate is not going to stay at the road, then some actors on Wall consumer protection agencies so that 700 bucks, it’s going to jump to 1,100 Street will think, you know, by not the fine print, the tricky terms, they bucks after the 2-year or 3-year period doing shady things, we’re losing out, so say 9.9 percent on the credit card until is over? You mean to tell me you don’t we’d better go do them. We don’t want it’s not. When is it not? Whenever they want anybody to protect the American that. We want to have clear, fair rules say it’s not. We’ve got to stop that people from that kind of stuff? They to keep good actors good and to keep kind of thing. say no. They say buyer beware, caveat bad actors out and accountable when emptor, that is their problem. b 1445 they’re not out. Democrats say you know what, if you So that’s what the main message is And Democrats support tax cuts for have a fair product at a fair price that for today, Mr. Speaker. Wall Street re- small businesses and worker families, you are willing to disclose, go out form is good for Main Street. Very im- just as I got through talking about, there and use the American enterprise portant. and Democrats support regulating Wall system to do it. But don’t trick the Mr. Speaker, I just want to talk to Street and preventing foreclosures. All people, don’t sell somebody a horse you for a moment about what Wall these things are what the Democrats that can’t see and then when the per- Street reform means. Some people are all about. All these things help the son asks about it you tell them it sees think, well, what does Wall Street re- American people. just fine. Don’t do that. Be honest. Be form mean? This is a lot of complex Now, what are the Republicans talk- a good businessperson. That’s what the stuff. Are we talking credit default ing about? Because they are com- Democrats are saying. The Republicans swaps? Are we talking about deriva- plaining a lot, and they always have a are saying buyer beware. They are say- tives? Are we talking about resolution lot of criticism for our side. But Repub- ing we don’t care. Just sell anything authority? What does all this stuff licans, they opposed the jobs bills and you want to whoever you want at mean? the unemployment insurance. You whatever cost you want. Well, you know what? It’s not very know, Mr. Speaker, I don’t believe one They oppose tax cuts for small busi- complicated at all. It’s actually pretty of them, not even one of them, voted nesses and working families. The

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How many votes did the Repub- little bit about some of these issues ple are treated fairly. licans give us to help the American about how Wall Street reform is good Let’s talk about what they really people get some tax cuts as opposed to for working Americans. So I want to go mean when they say cutting redtape the rich Wall Street types? None. They back to my first board. So Wall Street and letting the market sort it out. It didn’t want to help on that one. They reform is good for Americans. means no accountability and no re- were busy. They were against it. They Mr. Speaker, we are here today to sponsibility for multinational corpora- were all worried about other things talk about ending decades of failed tions and Wall Street CEOs who gam- when we were talking about helping policies that ultimately caused a near ble with our national well-being. And it the American people out. complete collapse of our entire econ- means a basic assurance that if they So, they oppose regulating Wall omy. We are here today to talk about have their way we will be back in Street and preventing foreclosures. what brought us the greatest recession bailoutville again. We will be back in They are not in favor of that. Let me since the Great Depression. Wall Street this mess again. And that’s why we’ve tell you, Democrats, Mr. Speaker, were reform is good for Main Street. The cri- got to pass financial reform. working on antipredatory lending leg- sis is the product of reckless actions of Since taking back control of the Con- islation during 2005, during 2006, during massive private financial institutions gress we have seen the Democratic cau- 2007, but we were in the minority. Dur- coupled with deregulation and non- cus take real action to help consumers. ing 2008, the Republican caucus blocked regulation and no oversight while the In December 2009, the House passed the it every step of the way. And now that Congress was under the watch of the Wall Street Reform and Consumer Pro- the Democrats are in charge, we are Republicans and the Bush White House. tection Act. The Senate is moving its moving full steam ahead to pass bills These policies have come with an enor- bill forward now. The Senate is cur- that will prevent predatory lending and mous cost to the American middle rently working on that bill, and it stop foreclosure. And we would like a class. looks like it’s going to come up soon. little help, but so far, Mr. Speaker, we Mr. Speaker, do you realize that $14 The House bill will protect consumers haven’t gotten any. trillion of net worth has been lost when and investors and small businesses and I talked a moment ago, Mr. Speaker, we watched home values plummet dur- put our broader financial system on about Wall Street’s pay record. And I ing the Bush administration? Twenty- more stable footing. The House bill will talked about how the Republican cau- two percent in decline in net worth for place badly needed regulation of things cus was against bringing in these ex- individuals. Pensions fell. Pensions, like derivatives, hedge funds, and cred- cessive bailouts and these excessive bo- Mr. Speaker, fell by $28.4 billion. Pen- it rating agencies. nuses for Wall Street CEOs, who by the sions, what Americans rely on to care Mr. Speaker, let me just take a mo- way get TARP money, the public for them during the golden years, the ment to help the American people un- money. Wall Street’s record pay. After value dropped so that people have to derstand what a derivative is. A deriva- receiving trillions in taxpayer-funded work longer. People who are hoping to tive is kind of like a hedge. When the bailouts, the top 38 financial firms gave retire cannot do so. Last year alone 2.8 value of a particular security goes record pay to their employees in 2009. million homes lost to foreclosure in down, the derivative is supposed to They gave your money, Mr. Speaker. 2009. Twelve million Americans relying cover that fall in value and make sure They gave them the taxpayers’ money. on payday loans just to get by. Thirty- that you don’t lose all altogether. We are trying to stop that. We are try- three billion dollars in bonuses for Wall A form of derivative is a credit de- ing to make sure they don’t do that. Street executives. fault swap. And basically what that is But we are not getting any help from Mr. Speaker, when we pass financial is that when you have a mortgage- the other side of the aisle. reform, including the Consumer Finan- backed security, that means a security So they gave record pay to their em- cial Products Agency, those 12 million that’s traded but is backed up by mort- ployees during 2009. During the great Americans relying on payday loans to gages, that if the value of that security recession, Wall Street pay in the bil- get by will have a watchdog watching falls down that credit default swap is lions. 2007, their bonuses were $137 bil- over them to make sure they are not supposed to pay. Unfortunately, Mr. lion. 2008, $123.4 billion. 2009, $145 bil- abused by sharp practices, fine print, Speaker, this instrument, this credit lion. That’s incredible, particularly and tricky terms and conditions. So default swap, is like insurance, but it’s during a recession. But the Democrats when you hear Republicans talking one of those air quote ‘‘like insur- are here to say no more. We will not about financial reform and how we ance.’’ It is not really insurance, but allow you to do that. shouldn’t do it, and they don’t want it’s like insurance. Because if it was in- Now, Mr. Speaker, as a result of this and they don’t want that, just surance, it would be regulated by a Democrats working hard to pass jobs keep in mind those 2.8 million home- State insurance commissioner who bills, to push on this issue of consumer owners who lost their home in fore- would make sure that that insurance protection, to passing the Credit Card closure or those 12 million Americans company had the money to cover Holders Bill of Rights, what we have who are relying on payday loans just to claims if there would have been a seen is this downward trend in the get by, relying on credit cards just to claim. economy during the Bush administra- get by. A regular insurance company says, tion breaking sharply upward during Who is going to make sure those you know what, if you are going to the Obama administration. During the terms are fair, that they disclose those hold yourself out as an insurance com- Bush administration, $15 trillion in terms, that somebody is watching out pany and you are going to write poli- wealth was destroyed between July for that consumer? It will be the Demo- cies for people, you have to have 2007 and 2009 as home values plum- cratic caucus and the President who enough money if there is an auto acci- meted during the foreclosure crisis. passed financial reform. I do hope we dent or a tornado or there is a loss of This is what happened during the Bush get at least one Republican to vote for life or whatever we have insurance for. administration. it, but I am not holding my breath. But when it comes to these credit de- But when Obama comes in, the num- You know, it’s important to point fault swaps, there was no such regu- bers start going all the way back up out, Mr. Speaker, that when you hear lator. Nobody made sure that there was again. The road to recovery. U.S. Republicans talking about cutting red- enough money to back the loss and pay household net worth going back up. tape or letting the market sort it out, the claims if those securities went And it’s going back up every day. What actually that has very severe implica- down in value. we have got to do is stay the course tions for the American people. Cutting And because of that, when the mort- and keep on building and strengthening redtape means getting rid of regula- gage-backed security market went

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That’s what a derivative is. you have BBB here. loans are going to be properly under- So these things, you get it in a docu- written so that people don’t get in over b 1500 ment. It’s usually a document, and you their head. Derivatives are going to be regulated can buy this mortgage-backed security Financial reform is going to put in under the new financial reform. There or you can buy a piece of it and you place commonsense regulations to stop will be that commissioner. There will can have an interest in it, and it will abuses by the financial services indus- be that regulator to make sure that entitle you to a stream of income. But try as payday lending and exorbitant this market works properly and that it how valuable is it? How safe is it? How overdraft fees. Overdraft fees. That’s doesn’t cost catastrophic losses in our sound is it? It all depends upon how when you swipe your card, if you’re 30 economy. well the rating agency has rated risks cents over, you may still have to pay Hedge funds. Hedge funds are large for each tranche. $39 for that overdraft fee even if you funds generally held by wealthy indi- So if you look at this particular went out and asked for a debit card so viduals. They’ll be regulated. mortgage-backed security, this that if you did go over by mistake the Credit rating agencies. These are tranche’s performance is referenced by charge would be denied. And you might agencies that issue ratings for bonds multiple unrelated investment vehicles have to solve that problem some other like a AAA rating or a AA rating or a in 2006 and 2007. So if you have one of way, but at least you wouldn’t be deep BBB rating or other types of ratings these things and you look at it, it will into your account and have a negative that they can give. The fact is that say that this is an index call, the balance. these credit rating agencies, some of ABX.HE, BBB rating, 0.06–2. Here it is. Financial reform is protections them, when they said that this security Then you have Mezzanine Fund, Hud- against reckless Wall Street financial was AAA, it wasn’t. Some of these as- son Mezzanine Fund. That means it has schemes, bad home mortgages for sets that they said were good were not a lower rating for risk. short-term profit, bad credit cards with good. And when they went down in And you have these down here. Aba- hidden penalties for the average con- value, the people who relied on the cus. You have this one. And they’re all sumers, and it means protecting work- credit rating agency were caught by down here. So these are all down the ers’ life savings, pensions, and stopping surprise, and this is why these credit line and these are all high. Wall Street casinos. It means it guards rating agencies are going to have re- So this is what a mortgage-backed against massive unemployment rates form. And it’s a good thing, Mr. Speak- security could well look like as you due to the near total collapse in our er. look at the various tranches that de- economy back in October 2008. Now, let me just say the other thing scend in order of risk. The problem Financial reform also, Mr. Speaker, that we’re going to do in reform is—I with this is that when they were—the means putting into ‘‘too big to fail’’ fi- mentioned mortgage-backed securities. risk was not properly assessed and nancial firms. Too big to fail means too A lot of people don’t—it’s like, well, evaluated, and when they began to de- small to save. Too big to fail means what is that? Well, a mortgage-backed cline in value, you began to have real reckless behavior by firms that are so security is a security where—imagine trouble in our market. And it’s because large that no matter what they do, that you have a house and you have a of a lack of regulation, which is going they know that we’ve got to bail them mortgage on that house, and then the to be taken care of as Congress moves out, because if we don’t, it will have bank is going to receive the money through financial reform. real harm to all of us. that the homeowner is paying on their Now, what does all of this mean? And And that’s what we’re talking about. mortgage. And imagine that the bank we’ll return to this in a moment. What We’re talking about doing something says, You know what? This homeowner does all this mean for working fami- to stabilize our economy, defend our owes me a stream of income. If you lies? Working families might think, economy, protect our economy, and to want it, I’ll sell it to you. And the per- you know what? I don’t know what a make sure that the average American son says, Well, I’ll buy it. And the per- tranche is. I don’t know what a credit is not at risk and their financial future son starts buying up a lot of mort- default swap is. I don’t know what a is secure. gages, and then they take those mort- mortgage-backed security is. All that’s So let me just go through some of the gages and they bundle them up. That’s true. But perhaps the portfolio man- highlights of financial reform. Before I a mortgage-backed security. ager of your pension or your 401(k) do, I just want to talk about some of And then they take that mortgage- knows what it is and, therefore, it af- the root causes again. And to do that, backed security and they bundle those fects you directly. I want to get this mortgage-backed se- up, and that’s called a collateral debt Well, what this means, what it means curity back up here. obligation. Imagine a mortgage is an is that financial reform is going to If you want to talk about what hap- M&M, a bag of M&Ms is a mortgage- mean that bank loans, mortgages, and pened and, therefore, what we should backed security, and a box of bags of credit cards are going to be fairer, do to fix it, you have to start at the M&Ms is a collateral debt obligation. more affordable, more understandable, fact that way back in the 1930s, Mr. Now, imagine all of a sudden that and more transparent. Financial re- Speaker, our economy went through a somebody were to take that box of bags form is going to mean that there’s catastrophic drop known as the Great of M&Ms and kind of slice them up and going to have to be real disclosure and Depression. And during that time, for- sell them off. What it might look like that the government is going to take ward-thinking politicians put things in is something like this. You might some real responsibility to make sure place to try to help protect our econ- have—these things are called tranches. that these credit rating agencies are omy, things like Glass-Steagall, which A tranche is nothing but a French word properly assessing risk, are making said that if you’re a financial firm, you that means slice, and a slice is some- sure that the companies that do it are have to do what your core competence thing that you have if you look at this properly assessing risk, are going to is; meaning, if you’re a depository mortgage-backed security. make sure that consumers are treated bank, you go do that; if you’re an in- This top tranche, mortgage-backed fairly, are going to prevent bailouts, vestment bank, you focus on that; if security, is made up of these tranches, and are going to make sure our econ- you’re an insurance company, you each rated a little risker than the next. omy has a more stable footing. focus on that. So this top tranche is a AAA tranche. Financial reform is going to mean And it went along that way very That’s the one that the rating agencies that it’s going to ensure that con- well, Mr. Speaker, right up until the tell us is a AAA tranche, and we rely sumers get the information that they mid-1990s, when Travelers Insurance

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Let’s do loan early, you couldn’t really do it, or not be able to pay, and the people who something new and innovative and if you did, you had to pay an extra pen- probably never should have qualified really unleash innovation. That’s what alty. for a loan couldn’t pay, and the value they said. They had things like yield spread of these mortgage-backed securities It so happened that Glass-Steagall premium, meaning that if you sold—if began to decline. was not such a bad idea as we look you were a mortgage broker and were As that happened, people started to back, but at that time they wanted to able to channel somebody into a high- get in really difficult situations, be- pass a bill called Gramm-Leach-Bliley. er-cost loan, then you, as the person cause what began to happen is that in This is a bill that would basically allow who brokered that loan, might be able neighborhoods all over America, houses firms to basically go out of their area to get the spread of the difference be- began to get abandoned, people began of core competence, and so you’d have tween the lower-cost loan that they to be foreclosed on. Either they had a a Citibank purchasing an insurance were qualified for and the higher-cost house that they never really could af- company or you’d have a depository loan that you got them to bite on. So ford but they bought it on a teaser bank purchasing a brokerage house or you incentivize people, pushing people rate, and so when it ballooned they an investment bank, and you just had to get into loans that were not as good couldn’t keep the house; or when peo- kind of everybody doing everything. as the ones that they actually qualified ple could not afford it when they would What happened is you had bigger for. lose their jobs, and then the fore- firms. They kind of dabbled in various Over time, we also had something closures began to seriously mount. areas. But as the business reality was called securitization, which meant They began to get really big. changed because they were deregu- that, as I said before, once that mort- And then, as that began to happen to lated, Congress did not see fit to put in gage was inked and somebody bought the housing market, people who want- the kind of regulation that was re- the house and got the loan, that the ed to go back and refinance their house quired to make sure that the system paper on that mortgage could be sold didn’t have any equity or had negative was still essentially safe and essen- and then pulled together into a mort- equity, and then the bank said: We just tially sound. gage-backed security. And we didn’t re- can’t refinance you because there is no Reckless schemes began to emerge. quire that the original lender keep any value in the home or maybe there is ac- We began to see more deregulation. In part of the risk of that loan, so they tually negative value in the home. At fact, in 1999, when we passed regulatory could just sell it off and it wouldn’t that point, we got to a crisis, Mr. reform in the financial world, we also make any difference to them if that Speaker. said that things like credit default loan was never paid off or no not. So, What happened? The fact is, is that swaps would not be regulated. They therefore, their responsibility for un- we began to have a real catastrophe. would just be out there on the market, derwriting that loan carefully, making Very little oversight from government, because they figured the people who sure the person could pay that loan government allowing people just to deal in these things are arm’s length began to go down because they weren’t do—to let the market just go on. As I and they are sophisticated investors going to keep it on their books any- said before, caveat emptor. And real and they know what they’re doing and way. pain began to happen as the fore- what they do won’t harm the rest of us. So what began to happen over time, closures mounted, as the failures con- I guess we were wrong about that. Mr. Speaker, is that we saw these in- tinued on, as unemployment began to But what began to happen is that in struments like mortgage-backed secu- slump, because housing is a huge part the mortgage markets, we began to see rities I mentioned before, mortgages of our economy. And if the housing people being—who wanted to buy a being sold to somebody who packaged market isn’t moving, then a lot of peo- home, going into the mortgage market them together and then packaged them ple aren’t working, which began to in- and they were beginning to be sold in an even bigger box and then set crease the cycle of the bust. things that were called predatory them up in these tiered investment ve- So, Mr. Speaker, what we see now is loans. Now, this is what we call them. hicles, with the highest being sup- a real need to do something about the That’s what they are. But what they posedly the most safe investment, all situation that we are in, a real need to were called is adjustable rate mort- the way down to the bottom, with the take real affirmative action, to take gages, ARMs. They were given ARMs, most risky investment being sold and real control over our economy. and sometimes they were given mort- then people buying parts of it; and then So let’s talk about what we are going gages where they would get—for 2 these instruments being hedged with to do to solve this problem. We are years they’d pay a low rate, and after 2 things like credit default swaps, which going to talk about reforming the fi- years you’d have a balloon payment didn’t have anything to back them up nancial sector of our economy. We are that would go up. Or after 3 years you’d if people made claims when these in- going to talk about adding greater pay a low payment, and then it would struments lost value. oversight. We are going to talk about balloon upward. what it is that we need to do to make Now, the mortgage market, the hous- b 1515 sure that we don’t find ourselves in a ing market is a market that had con- What began to happen is that credit very difficult situation yet again. sistently gone up, it had kept increas- began to get cheaper, low interest What we are going to do, Mr. Speak- ing. So even if that happened, when loans for long periods of time. As er, is we are going to do something you got to your balloon payment, per- money was cheaper, people bought about that predatory lending that I haps you could go back to a lender and more houses. As people bought more have talked about. We are going to you could simply refinance your mort- houses, the price of them went up, ob- stop predatory, irresponsible mortgage gage. How many Americans try to do viously, and we began to experience a lending. Tough new rules on the that? Let me tell you. A lot. bubble in the housing market. And you riskiest financial practices; rules to But we assumed the housing market began to see, like now, housing prices stop excess speculation in derivatives would always go up. But what if it flat- have dropped quite a bit. The problem and growing use of unregulated credit tened out or went down like it did over is that people who bought at bubble default swaps. the course of the last decade? prices now are underwater, meaning We are going to require investment The fact is that it was in the mid- the loan on their house is higher than advisers to act for the benefit of their 1990s when Congress passed the law the amount of value that is in the client under the law, exercising the that told the Fed that they could regu- house, which is a problem. Negative eq- highest standard of care. We are going late the mortgage market to make sure uity. to empower investors with greater say

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3474 CONGRESSIONAL RECORD — HOUSE May 13, 2010 in electing the company board mem- Speaker. Wall Street is spending bil- in this most deliberative body that we bers, some of these companies that lions to kill reform. are. I often come here; and in the 30 or urged, urged, urged their employees to In 2009, the financial industry spent so minutes that I spend waiting and sell as many mortgages as they pos- $465 million in lobbying Washington, anticipating my opportunity to address sibly could. Stories like from Country- $1.4 million a day in lobbying Congress, you, I also can’t avoid lending an ear wide, which was a huge predatory $1.1 million per Member of Congress. to the gentleman who often presents mortgage lender, which ended up hav- Actually, more than that. Actually, ahead of me. I sometimes think about ing so many of the houses that they more than $1 million. That’s a round- what it would be like if I just could lended money for going into fore- ing down; $3.9 billion in the last dec- walk in here in the last 30 seconds and closure. ade, and employed 1,726 Washington not feel compelled to rebut the pre- We’re going to stop the shadow bank- lobbyists just to try to persuade Con- vious 60 minutes. ing system of small predatory institu- gress Members to not make changes to I am going to just compress this a tions such as payday lenders, check Wall Street. little bit so I can get on to the subject cashers, mortgage loan originators, Now the American people ought to at hand that I came here to talk about; and many others who have disappeared know what they are up against. But let but, yes, many Republicans, and per- as quickly as they arrived on the scene, me just tell you, a well-motivated con- haps every Republican, will oppose this and we are going to start regulating stituent always trumps a lobbyist. So, financial bill that has the Barney the unregulated. Mr. Speaker, it wouldn’t be a bad thing Frank bill sent to the United States We are going to stop ‘‘too big to at all if people let their Member of Senate and become the Chris Dodd bill. fail,’’ Mr. Speaker. We are going to Congress know how they felt about the In fact, I don’t know any two people stop ‘‘too big to fail’’ by saying we are importance of regulating Wall Street. that would probably have less favor in going to have a fund that these big The top eight banks, Mr. Speaker, rewriting the financial laws in America firms have to pay into based on the spent about $30 million in 2009 just on than those two individuals. They have had a long time now to in- riskiness of their activity, so that if lobbying. JP Morgan Chase spent $6.2 vestigate what has happened with the one of them goes down, that the people million lobbying last year, all to try to finances in America and what has hap- who will pay their creditors will be make sure that whatever comes out of pened with the downward spiral of our from that fund, not from the American Congress looks good for them. economy, and when this happened. It taxpayer. It is kind of like FDIC insur- During the first quarter of 2010, this started before this seminal date, but ance. Banks pay into a fund so that if year, the top 25 banks spent $11 mil- the seminal date, Mr. Speaker, was a bank goes down, depositors are cov- lion, which is an increase of 5 percent September 19, 2008, when then-Sec- from the same time last year. ered. And that is the money that goes retary of the Treasury Henry Paulson What is going on during the first to make sure depositors are covered. came to this Capitol and asked for the This, what we call ex-ante, which three months of 2010 that wasn’t going $700 billion in TARP funding. Then- means before the fall, fund would be on the same time last year? Financial Senator Obama, and now-President paid, and it would make a lot of sense reform, Mr. Speaker. That’s why they Obama, supported all of those moves. to do this, because the people who are increased their spending. President Obama as Senator and later in business who are doing these risky I would like to hear Members of the as President supported the takeover of practices are the ones who should pay. Republican Caucus defend Wall the banks, the insurance companies, Now some people say we need a fund Street’s spending to kill financial re- Fannie and Freddie, General Motors, after a company goes down. If that form. I hope they do say, Well, it’s Chrysler. And, by the way, the student made sense, Mr. Speaker, that would okay for Wall Street to spend all this loan program, not to mention mean that the one who engaged in the money stopping reform, because—I ObamaCare. And now we have the fi- risky behavior would be gone after ev- don’t know what they’re going to say, nancial world and an effort to take erybody else had to pick up the pieces. but I would love to hear it. that over. And yes, I will stand and op- That’s not good economics, Mr. Speak- During the first quarter of 2010, the pose these changes. I will stand and op- er. We oppose that idea. We are talking top 25 banks spent $11 million total, pose them for a lot of reasons, perhaps about the Consumer Financial Prod- which is an increase of 5 percent. And that I will have an opportunity to get ucts Agency, and the CFPA would have the fact is, is that of that $11 million into a little bit later in this hour, Mr. the power to stop unfair, deceptive, and that the top 25 banking firms spent on Speaker. abusive consumer financial products. lobbying, the top six of them, JP Mor- The Federal Government should not We would also have a board called gan Chase, Wells Fargo, CitiGroup, be making arbitrary decisions on which the Financial Services Oversight Coun- Bank of America, Goldman Sachs, and businesses succeed and which ones fail. cil, Mr. Speaker, who could study po- Morgan Stanley spent $6.9 million on They should not be in a position to be tential risks to our financial system lobbying in the first quarter of this evaluating. And if there is credible evi- and identify financial risks before it year. That’s a lot of money. That dence of an entity, a corporate entity, caused great harm to the economy. marked a 4 percent increase from late a financial credit entity—credible evi- And so, Mr. Speaker, that is the basic last year, a jump of about one-third dence as to whether they might be in heart of financial reform. We need the from the first 3 months in 2009. trouble, that would give the Secretary American people to embrace it. It is But what is going on now that wasn’t of the Treasury the authority to pull good: policing Wall Street, ending bank going on as intensely then? Wall Street the plug on a company, take it over by bailouts, stabilizing the economy, and reform. So they’re putting more money the Federal Government, separate it stopping gambling with pensions. in and they’re trying to slow reform. any way he so chose; or, bring regu- Now in the last few minutes, Mr. With that, Mr. Speaker, I am going lators in to intimidate them before or Speaker, I want to talk about a subject to yield back, and just say it has been after the fact. that I think every American should a pleasure coming to the special order This bill, this Chris Dodd bill or Bar- know about, and that is the effort by on behalf of the Progressive Caucus. ney Frank bill, gives the Federal Gov- Wall Street leaders to stop reform of f ernment the authority to take over Wall Street. There is a lot of money any business in America that is a cred- IMMIGRATION ISSUES being spent, Mr. Speaker, to stop finan- it business that they should choose. cial reform, a lot of money being spent The SPEAKER pro tempore (Mr. Now, again, I hope to get to this. But to make sure that things like regu- LUJA´ N). Under the Speaker’s an- at this moment, Mr. Speaker, I would lating derivatives, regulating of the nounced policy of January 6, 2009, the transition this subject over to the sub- credit rating agencies, regulating cred- gentleman from Iowa (Mr. KING) is rec- ject that I came here to speak about, it card companies, payday lenders, and ognized for 60 minutes as the designee and that is right now we have Attorney making sure there is an ex-ante fund to of the minority leader. General Holder testifying before the resolve failing firms so that the Amer- Mr. KING of Iowa. Mr. Speaker, I am House Judiciary Committee. I came di- ican people don’t have to fork it over. privileged to be recognized by you to rectly here from there, or I will say al- They are spending a lot of money, Mr. address the House of Representatives most directly here from there, having

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3475 listened to a measure of his testimony General is under oath that people are any constitutional requirement that’s and his response to some of the people already being detained. People are al- there. that are on the Judiciary Committee. ready being detained on an Arizona I believe from what I’ve seen—and And as this unfolds yet, I come here be- law. I’ve visited Tent City and Sheriff Joe cause I am dissatisfied with the re- Here’s the quote: ‘‘Already being de- Arpaio on the border and I have gone sponses that I have received from the tained because they forgot their driv- to that border many times. And I’ll go Attorney General. I actually think er’s license at home.’’ They also said back again, Mr. Speaker. But when we that he is a fine fellow and he would the law is cruel and it institutionalizes have an Attorney General that’s com- make a good neighbor, but I am con- racial profiling. It’s as if this law had mitting the resources of the United cerned about the politicization of the already taken effect. And it’s a fact States and the resources of the tax- Justice Department. that Arizona law, unless specified oth- payers to investigate a law in Arizona And even though Attorney General erwise, does not take effect until 90 that enjoys at least 70 percent support Holder made remarks at the end of my days after the Governor signs the bill, of the people of Arizona, a significant question period that their office would which was some couple or three weeks majority of the support of the people not be political, they would be impar- ago. It’s certainly not 90 days, Mr. across this country—that mirrors Fed- tial, they would function under the Speaker. eral law, and when you have a Sec- law, I happen to have a special view of As I point this out to the Attorney retary of Homeland Security, Janet Attorney Generals. And whether they General, one would think that a person Napolitano, who’s a former Governor of be State Attorney Generals or whether that is at that high level in this coun- the State of Arizona, who admittedly they be U.S. Attorney Generals, they try with this very high-level responsi- had her tugs of war with Sheriff Joe have to understand the Constitution. bility could at least concur that the Arpaio when she was the Governor and They have to understand the rule of Arizona law hasn’t been enacted yet. he was the sheriff, one would think law. They can’t know every Federal But he could not bring himself to do that an administration, a President of statute. I wouldn’t hold anyone ac- that because that would have caused the United States, an Attorney Gen- countable for that. But when they have him to come into a political disagree- eral, a Secretary of Homeland Security had an opportunity to do an investiga- ment with the activists on the Demo- would have jumped for joy that Arizo- tion or had an opportunity to brief crat side of the Judiciary Committee, nans have decided to use their State re- themselves on a subject matter that is the most polarized committee on the sources to enforce the Federal immi- bound to come up, I would expect that Hill. Now that’s a presumption on my gration laws that the Federal Govern- they would be conversant enough with part on his motive, but it seems to fit ment is not enforcing adequately the law and with the Constitution to be a pattern. enough. able to make an argument that would He admitted that he has an inves- Instead of jumping for joy, instead of defend the actions of the Justice De- tigation going on looking into Arizona going down and giving Sheriff Joe partment at a minimum. immigration law. And when I made the Arpaio a high-five or maybe the Gov- point that the President of the United ernor of Arizona another high-five or a b 1530 States had announced that he had di- good ‘‘atta girl’’ for signing that bill And so I made the remark and posed rected the Attorney General to look and for the work that was done in the this situation. And this is off of the into Arizona immigration law, I heard State legislature, particularly that led opening statement of Congresswoman no rebuttal. I twice presented to Attor- by Russell Pearce, whom I have JUDY CHU, who said that Arizona law— ney General Holder that the President watched for some time and appreciate and this is with Attorney General has directed that this happens. So if a great deal—we can’t have the Federal Holder, the sole witness before the the President of the United States di- Government, obviously, supporting committee and he was the audience rects the Attorney General to conduct something that the American people that she was speaking to—she said, Ar- an investigation into State statute, on want, the Arizonans demand. izona law is cruel and it institutional- what basis is the follow-up question to It was almost a primal scream of des- izes racial profiling. She also said that Attorney General Holder? peration that caused the Arizona legis- people are ‘‘already being detained be- They’ve been investigating now for lature to pass the legislation that mir- cause they forgot their driver’s license some weeks. And what is the basis of rored Federal law so that they are at home.’’ She continued and said that your investigation? Well, Constitution, going to prohibit sanctuary cities with- it’s burdensome and unnecessary for statutory, the principle of Federal pre- in Arizona and require local law en- people to carry multiple forms of iden- emption of State law. Now that’s a forcement to support Federal immigra- tity, which reminds her of living in a general answer that you can pick up in tion law by setting up a State law that Cold War state. I don’t know what Cold any law school or many articles in the makes it against the law to break Fed- War state she may have lived in. But I newspapers these days about Arizona eral immigration law. That’s not tech- made this point to Attorney General law itself. And so when I followed up nically correct, but it is the analysis Holder and asked him if there was any- with a question of specifically where in that best describes it, Mr. Speaker. thing in his knowledge that the Ari- the Constitution do you have concern Our Attorney General is spending re- zona law could be doing now that about Arizona law and where in the sources to investigate Arizona and still would affect the activities of the law Federal statute would you have con- can’t point to a single place in the enforcement officers in Arizona in such cern about Arizona law perhaps vio- United States Constitution or a single a way that the allegations by Ms. CHU lating the Federal statute and stretch- Federal statute that he thinks could be could be accurate; that they’re already ing beyond the bounds of Federal pre- the cause of concern. When I asked detaining people because they forgot emption, I got a generalized answer him, he said, Well, it’s under investiga- their driver’s license at home, and that that, Well, it’s been the practice that tion, and it’s inconclusive at this it would institutionalize racial the Federal Government has dealt with point. profiling. immigration law. The practice, the im- Well, I read through the Constitution Mr. Speaker, this is the highest level plication. and I came to a conclusion. As far as deliberative body of the world and this We have the Justice Department in- the constitutional understanding is dialogue has gotten down to this point vestigating Arizona. We have the Jus- concerned, it is this: there’s two places where we have people that are rep- tice Department investigating Sheriff in the Constitution that could be rel- resenting a State law that’s very well Joe Arpaio, the sheriff of Maricopa evant with regard to Arizona immigra- known by now that specifically pro- County. They have targeted him for tion law. One place where it says the hibits racial profiling and prohibits the months and months and months be- Federal Government has a responsi- utilization of even the factor of race if cause he’s politically incorrect. He en- bility to guard against foreign inva- it’s the sole factor. That’s by law. It’s forces Federal immigration law. It vio- sion. Well, now, we could talk about an Arizona law. And to have a Member lates the activists that help support what a foreign invasion is, but when of Congress say to the Attorney Gen- the President. But we can’t find out it’s 4 million people a year pouring eral in a hearing when the Attorney that it violates any Federal statute, across our border illegally and at best

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3476 CONGRESSIONAL RECORD — HOUSE May 13, 2010 we can interdict a fourth of them; the Attorney General that the law en- fort to go down and make race the when we have twice the size of Santa forcement officers in Arizona are moti- issue when it is law enforcement that Anna’s army coming across our border vated by something other than race. is the problem and that Federal immi- every night, one might define that as Maybe they’re motivated to support gration law that’s not being adequately an invasion. the rule of law. Couldn’t we presume enforced is the problem. The Attorney They aren’t all carrying weapons. In that that’s it? That’s the case. That’s General should be able to at least de- fact, very few of them are. But I will their oath. Can’t we tell by their prac- fend the actions of his Justice Depart- guarantee you there have been more tice that they have enough to do with- ment, even though implicitly agreed weapons carried across that border in out targeting? that the President had directed that the hands of people who are coming in Look at the crime across Arizona. there be an investigation. Based on here illegally than all the weapons that Phoenix, the second highest in the what? The President’s supposition that were carried in the hands of Santa hemisphere. And kidnapping. The kid- a mother and her daughter would be Anna’s army when he came across into napping, the smuggling, the deaths, the perhaps of the wrong skin tone and Texas that 150-some years ago. murder rate, crime rates over the last they would be picked up and asked for So, Mr. Speaker, the Constitution re- 10 years in Arizona have gone up. The their identification because they went quires the Federal Government to de- illegal border crossings may have tem- out to get some ice cream? fend against invasion, but it doesn’t pered down just a little bit, but on the It seems the President has an incli- prohibit the States from defending other hand, it might just be that Janet nation to engage in these kinds of themselves against invasion. I would Napolitano’s operation isn’t as aggres- things. When he had an Irish cop and a hope the Attorney General would un- sive as it was under even Michael black professor, who did he side with? derstand that principle. I address that Chertoff. But I suspect that even then He jumped to a conclusion without because there’s only two places in the they had diminished their enforcement. having heard the facts, and he ended up Constitution that address immigration. When you make the argument that having to have a beer summit. And I think that I have handled that your interdictions on the border have b 1545 issue so that it’s essentially not rebut- gone down, therefore you’re getting the table. border under control, it might just be Well, maybe we could have a summit Then the other point is article I, sec- you’re not doing your job as aggres- with Sheriff Joe Arpaio on the South tion 8 of the Constitution, the other sively as you were before. There can be Lawn of the White House, and they place where immigration is dealt with, twice as many people crossing the bor- could sit down at the picnic table to- where it says that Congress shall have der, and you can be picking up half as gether and discuss these things so that the power to establish a uniform rule many as you were before. But that all of the resources of the Federal Gov- of naturalization. A uniform rule of doesn’t mean the half as many you’re ernment don’t have to be tied up in naturalization. Well, what can that be? picking up equates into fewer people knots on these suppositions for the un- That means that Congress sets the crossing the border. That may be. In founded presumption that there is legal immigration laws with regard to fact, I expect it is true that fewer peo- something unconstitutional about Ari- how people come into this country and ple are crossing the border. But it zona law or something that violates become citizens. We do that. We have doesn’t equate that the enforcement is Federal statute. set those standards. But there’s noth- any better than it was. It may be bet- I see that I am joined on the floor by ing in the Constitution that prohibits ter. It may be worse. But it’s not con- the ranking member of the Judiciary the States from passing their own im- clusive. Committee, who has just come from migration laws unless they are at- What is conclusive here is the De- the hearing of the Attorney General. I tempting to preempt existing Federal partment of Justice has become polit- would be so happy to yield as much law or unless those laws are unconsti- ical. It is a political tool. It saddens me time as he may consume to Mr. SMITH tutional. to see this and hear this and to have to from Texas and thank him for joining So one would think that an Attorney make this argument here on the floor me here on the floor. General that had all of these resources of the House. But I didn’t come, Mr. Mr. SMITH of Texas. I thank the gen- investigating Arizona law and was Speaker, lightly armed. I only point tleman from Iowa for yielding, and I aware of the investigations that are out the Arizona component of this be- also want to thank Representative going on of Sheriff Joe Arpaio, when cause that’s the dialogue that just KING for his good work on the Judici- there are allegations of violations of took place within the last hour or so. ary Committee. I have just been listen- civil rights down in Maricopa County, The Department of Justice is inves- ing to his last few comments and ap- all the resources poured into that, I’ve tigating Arizona for constitutional preciate his pointing out so many facts yet to find any substance. And still, statutory violations but cannot point about immigration law and about what millions of dollars are being spent, all their finger to a single place in the is going on there. kinds of time is being burned. There’s Constitution or a single controlling The reason I wanted to be briefly rec- all kinds of politicization going on. Federal statute. ognized is because we’ve had some re- And the Attorney General swears there And, by the way, I would point out cent developments in some poll results is not, that his office will not be polit- also that, according to Federal case just in the last day or two on some of ical. law, the precedence that we can find, the same subjects that the gentleman Well, I will submit, Mr. Speaker, that that there is ample precedent that from Iowa has been discussing. It’s no when the President of the United local law enforcement has the author- surprise, for example, that in the latest States says, Here’s what could happen ity to enforce Federal immigration Pew poll, it shows that only 25 percent under Arizona law if a mother and her law, with or without a 287(g) agreement of the American public approve of daughter are going out to get some ice and a memorandum of understanding, President Obama’s handling of the Na- cream, somebody can come along and which has been somewhat gutted by tion’s immigration policy. The Obama say, Where are your papers? Anybody Secretary Napolitano. The precedent administration is not enforcing our im- remember that? I do, Mr. Speaker. And that I would cite would be U.S. v. migration laws and, in my view, has so that was making this law political. Santana-Garcia, a Supreme Court deci- failed to protect our borders. The President of the United States sion that establishes that local govern- Arizona, which is trying to do what made it political. And he’s the man ment has the ability—local law en- the Federal Government has not done, that ordered a Justice Department in- forcement—has the constitutional au- continues to enjoy strong support for vestigation of Arizona? And he al- thority to help enforce Federal immi- its policy. According to the most re- leges—the President alleges—that it’s gration law. cent Pew poll, 73 percent of the public race-based and racially motivated I would go on further with this: that support requiring people to produce when the law itself specifically pro- Sheriff Joe Arpaio is on solid ground. documents, verifying their legal status hibits that from happening. We can’t They would have found a way to crack if police ask them to do that, and 67 have the presumption on the part of him by now if he were not. It’s been, I percent of the public support allowing the President of the United States or believe, politically motivated. The ef- police to detain anyone who can’t

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3477 verify their legal status. And just American people the facts and instead tion. And to not have read the law and today in The Wall Street Journal, are trying to tell them what to think, perhaps not read the summary—— there was a Wall Street Journal-NBC that is a danger to democracy. Mr. Speaker, I need to put the little News poll. It asked the American peo- Also, according to a Media Research bit of this in the RECORD from memory ple a number of questions, but one of Center, for example, only 1 out of 10 of what I have read of the immigration them was about the Arizona law. And stories have actually mentioned that a law, which is actually most of it. That 64 percent, according to the Wall majority—70 percent of the residents of it mirrors Federal immigration law, Street Journal-NBC News poll that was Arizona—support the Arizona law. As I and it makes it against the law to vio- just today in The Wall Street Journal, said, a great majority of the American late Federal immigration law, but it’s 64 percent of the American people sup- people support the Arizona law, and the law that is set up—it’s mirrored port the Arizona law. Let me say that yet the media are not reporting it. and written by the State of Arizona. that’s actually, I think, gone up from Considering that 12 to 1 negative cov- And I thought I had a summary of it 60 percent last week to 64 percent erage of the law and the fact that two- here. Should I be able to find that, I today. Almost two-thirds of the Amer- thirds of the American people still sup- will speak to it factually, but other- ican people support what the folks in port it shows how strongly people wise from memory. Arizona are trying to do. And we prob- across the country feel. But in any case, it allows for—if a ably ought not try to second-guess There is nothing wrong with wanting law enforcement officer encounters what they are doing. to enforce immigration laws. There is someone in the normal practice of The residents of Arizona know they nothing wrong with wanting individ- their doing their duties, they have to have a problem on their hands. Phoenix uals to respect law and order. The have probable cause to stop someone. is the kidnapping capital of the United American people know that, and I Probable cause might be speeding, an States right now. People in Arizona see thank them for knowing that, and I accident, a crime that’s taken place, a that human smuggling that crosses thank them for not being persuaded by traffic violation. And once they pull their border, they see the drug traf- a very liberal media bias. And also, over a vehicle, for example, they can ask for identification, like they would ficking that comes across their border. again, I appreciate the gentleman from for anyone that is driving under any Several thousand people have been Iowa and his yeoman’s service, hard other stop. If then at that point, they killed within sight of the Arizona-Mex- work, diligence, and commitment to have probable cause to stop the vehicle ico border in the last several years. So such an important issue. or encounter an individual, then, if the to me, the people in Arizona are really Mr. KING of Iowa. Reclaiming my identification isn’t adequate for, let’s crying out for help from the Federal time, and I asked if the gentleman say, driving, then there’s a reasonable Government to protect their borders, from Texas could yield for a question suspicion for that officer to ask a few but the Federal Government is not re- before he moves on to his other impor- more questions. That officer can ask sponding, and this administration is tant duties. And that is, I am a bit per- some questions such as: Where are you not responding. The message from the plexed that the Attorney General going? What are you doing? Where are American people and the message from couldn’t or wouldn’t point to a part of you coming from? Where were you the folks in Arizona is that we want to the Constitution that he thought born? Why don’t you have a driver’s li- see immigration laws enforced. And be- might be violated by Arizona law or cense? lieve me, the message from Arizona is point to a Federal statute that might And if the individual hands the offi- not, ‘‘We need amnesty for people in be violated by Arizona law or point to cer a Matricula Consular card, that’s the country illegally,’’ it’s that we a piece of Federal case law that would pretty much conclusive evidence that need to enforce our immigration laws. prohibit local law enforcement from they are in the United States illegally, And let me go back to that most re- enforcing Federal immigration law. and there isn’t any other purpose to cent poll where you have two-thirds of And would the gentleman from Texas have one other than to function in the the American people wanting to en- have any idea how that question might United States by those entities that force immigration laws and supporting have been answered by an Attorney will recognize it. It’s issued by the what Arizona residents have done in re- General better informed? Mexican consulate. It’s not a valid U.S. gard to immigration laws. By the way, Mr. SMITH of Texas. The gentleman ID. And if they’re U.S. citizens or if that includes, as I recall, about 60, 61 is correct. I do not believe the Attor- they are lawfully present in the United percent of all Independents. And most ney General answered the questions on States, they will have immigration tellingly, it includes half of the His- that particular subject. And while I documents or U.S. identification. And panics across the country, who are also was out of the room, I understand in the immigration documents for legal in support of the Arizona law that was response to a question asked by a immigrants, they are required to carry just passed, enforcing immigration Texas colleague that he admitted that on their person. So people lawfully laws and trying to make their best ef- he had not even read the Arizona law. present in the United States who are forts to reduce illegal immigration. And if that’s the case, that is both sur- not citizens—let’s just say they have a So I appreciate the gentleman from prising and disturbing. Again, I thank green card, and that green card allows Iowa yielding. I just wanted to bring the gentleman for his good comments them to legally work in the United everybody up to date on the most re- on the subject. States, they are required to carry it on cent poll. And the poll is even more Mr. KING of Iowa. Reclaiming my their person if they’re 18 years old or surprising. The poll, which shows that time, and I very much thank the gen- older at all times. Arizona law just re- almost two-thirds of the American peo- tleman from Texas for illuminating the spects that. That’s a Federal law. Ari- ple support the immigration law that subject matter and especially the poll- zona law respects that as well. Arizona has just passed, is even more ing component of this. One would think So this is probable cause to stop surprising because another Media Re- that the Attorney General, as he was someone, reasonable suspicion that search poll shows that in the coverage preparing to come before the Judiciary they’re unlawfully present in the of the Arizona law, the three networks, Committee—and historically, the At- United States in order to follow ABC, NBC, CBS, have actually aired 12 torney General has briefed himself for through with any further questions or negative stories about the Arizona law several days with people who will ask any further inquiry. Now if people boil for every one positive story. So you questions and, I will say, play out a out of the back of the van and start to have a degree of media bias on the sub- role so that he can be tested, prepared, run off into the desert, that’s more ject that has, frankly, been unseen. I and ready to testify before Congress. than reasonable suspicion. And yet the think when it comes to immigration, One would believe that the Attorney objections that are coming from the the national media, including the three General, that the first thing that he people who are protesting against Ari- networks, probably do their worst job would be briefed on is Arizona immi- zona law are the objections that we’re of reporting and show their greatest gration law. The Justice Department is hearing from—I guess before the Judi- bias. This I consider to be a threat to investigating Arizona, and yet there ciary Committee and a person of Rep- democracy. When the networks and the seems to be not a realization of what’s resentative JUDY CHU, who already al- national media are not giving the going on. He admits to the investiga- leges that Arizona’s law is cruel and it

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They’re not detain- profiling used, and I would agree with enforcement officers in Arizona have ing people because of that, not under him—as an exclusive component. How- enough to do without that. They are the color of this new Arizona immigra- ever, if it’s part of the other indicators, faced with the highest kidnapping rate tion law, because it’s not enacted yet. it had better be used. Would we say in the United States, second highest in We’re already hearing the fears, and that we can’t use as an indicator when the entire hemisphere. They have mur- the Attorney General is investigating it comes time to enforce the law der rates that have gone up, kidnap- because the President has apparently against international terrorism that a ping rates, drug smuggling rates that decided for some political reason that young Middle Eastern male cannot be have gone up, and violence that has they need to do something to suppress considered as one of the factors? We’ve gone up. The coyotes are taking the Arizona from enforcing Federal immi- kind of said that when people go lawlessness from Mexico into the gration law, instead of saying, attaboy, through the airport. I think it’s wrong. United States. Ninety percent of the il- attagirl. It’s about time that the State I think it’s foolish. And in fact, Mr. legal drugs consumed in America come stepped up to help out of frustration. If Speaker, I think it’s downright stupid from or through Mexico. And 100 per- the Federal Government had done their to set aside our common sense for the cent, according to the Drug Enforce- job, there wouldn’t be an Arizona im- sake of political correctness. ment Agency, 100 percent of the illegal migration law. But they are not. They So an Arizona law, though, goes to distribution chains in America have at are ineffective. They lack the will. And great lengths to make it clear that least one link that is the link that is that’s our problem. It’s not lack of re- race cannot be the sole factor when provided by an illegal that is in the sources; it’s lack of will to enforce Fed- evaluating reasonable suspicion or United States. eral immigration law. It’s not lack of probable cause. How much further So, if by some magical formula ev- resources. could they go? It reminds me of the of- erybody woke up tomorrow morning in Three years ago or so, a little bit ficial English law that I spent actually a country that they were lawfully re- more, we were spending $8 billion to 6 years getting established in Iowa. We siding in, it would at least temporarily protect our southern border. That’s a have demonstrations and protesters. I sever every illegal drug distribution 2,000 mile border. So, Mr. Speaker, I would say, Come into my office, sit chain in America. Now, it probably know you’ve already done the math. down, tell me what your concerns are. wouldn’t take very long to rebuild That’s $4 million a mile, $4 million a Hour after hour, I listened. We had wit- some of those, and it would take longer mile to protect our southern border, nesses before the committee. And it to rebuild more of those, and eventu- and I said then, If you give me $4 mil- was about how their language would be ally we would still have this illegal lion to protect a mile of border, I will disparaged. So we wrote right into the drug distribution chain in America be- be happy to take that check, and I can law that it was unlawful to disparage cause the problem we have is that the warranty my work. I could guarantee any language in Iowa other than demand for illegal drugs in this coun- you that we aren’t going to let any- English. And do you know, I don’t try is so powerful and so great, some- body cross that mile for $4 million. know that anybody’s disparaged body is going to find a way to meet Now the price has gone from $8 billion English either, but they haven’t dispar- that demand. to protect our 2,000-mile southern bor- aged any other language in Iowa. Until this Nation understands that der to $12 billion to protect our border, These fears that are mounted by that we have to line up against the con- 1 percent or 2 percent or 3 percent of and still we have ineffectiveness be- sumption of illegal drugs and shut the aggressive liberals, they wouldn’t cause we have a lack of will and a lack down that magnet that brings illegal come to pass. They didn’t come to pass of clarity of mission. And it comes drugs into America, we are going to when we passed an official language from the top down. If it’s clear that the have billions of dollars come out of our law in Iowa or the 20-some other President doesn’t want the borders en- economy that are going to flow to and States. And furthermore, the fear forced, the Secretary of Homeland Se- through Mexico to other points where about reasonable suspicion, giving law curity seems to not want to enforce drugs are originated. We have $60 bil- enforcement an excuse to target some- against illegal workers in the work- lion a year that are wired out of the one that they don’t like because of ra- place. She seems to want to just simply United States to points south; about cial reasons, that isn’t going to come posture to enforce against employers. to pass. It may be a wild exception half of that to Mexico, and the other Now I admit that there are many somewhere out there in the barest lit- half goes to the Caribbean, Central Border Patrol officers and CBP per- tle minority of law enforcement offi- America, and South America. About sonnel and ICE personnel who go to cers, but it’s not going to come to pass. $30 billion into Mexico, about $30 bil- work every day who do their job very This is a presumption that the law en- lion to points south. well. In fact, I congratulate them for Some would argue that those are le- forcement officers are racist and that that. They want to do that. They put gitimate wages that are being wired they’re biased and that they’re bigoted their lives on the line every day. They back to family and loved ones. Yes, I against a particular race. And many of deserve our support. They deserve our the communities in Arizona have a sig- would agree some of that is legitimate adulation many times. But they’re bur- nificant percentage—and in some com- wages that are being wired back to dened by a lack of mission, and even munities, a majority of their law en- family and loved ones in those coun- though the mission is posted on the forcement officers are Hispanic, and tries of origin of people who are work- wall down at the station in Nogales, yet we’re going to label all law enforce- ing here in the United States. A lot of that mission has got to be something ment officers in Arizona as racist with- it is illegal wages that is going south that the top articulates. And if the out one scintilla of evidence and have that should not have been earned in President of the United States articu- allegations by Members of Congress, as the first place if we had enforced our lates something else, when Arizona Ms. CHU, or the President of the United immigration law. passes an immigration law that mir- States, or, by his silence, or refusal, or But a whole lot is being wired, rors Federal law, and the President at- his reluctance, I should say, to respond shipped, laundered out of the United tacks Arizona law and inflames public to the points that I raised with him, States to pay for the drug buys going fears in an erroneous fashion, what the Attorney General of the United south in places like Mexico and on more could he do to undermine Arizona States. down through Central America to law and Federal immigration law? South America. And we don’t have a He has said to everyone that’s enforc- b 1600 Drug Enforcement Agency that under- ing—not just local law enforcement It creates a perception that this is a stands this equation adequately that’s enforcing immigration law. He racist society and that we can’t even enough to intercept them. I have

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State of Arizona and across the coun- reputation: Steve Rosenbaum and Lo- So our Department of Justice inves- try, and undermining the efforts of our retta King. According to an article tigators, our attorneys trained specifi- Border Patrol, ICE, and customs border written in the National Review by cally in that, who are bringing a law- protection. And, by the way, the Shad- Hans von Spakovsky, who has a per- suit against voter intimidation for the ow Wolves down there, the cells whom sonal knowledge of most of the lawyers New Black Panthers Party, when we I admire so much and have a good involved in Justice on these issues, have them on videotape, were intimi- friendship with, they are out there that Rosenbaum and King are two of dated because they thought there doing their job every day. the worst political hacks to be found in would be a rule 11 brought against The Attorney General isn’t willing, the career ranks of the civil rights di- them and there would be damages that cannot, and I asked the ranking mem- vision. That is an exact quote out of would have to be paid because their in- ber of the Judiciary Committee to his article. He goes on and says: I have vestigation was frivolous? Frivolous or point out for me what I am missing in previously written about King’s ambi- unwarranted, to be specific with the the Constitution that would prohibit tion to run for office in Maryland and language. But to any lawyer, that is in- Arizona from passing an immigration on the Democratic ticket. cendiary, to allege that a charge, a law like they did, or what is in the But putting that aside, Rosenbaum case that is being investigated profes- Federal code that would prohibit them hasn’t worked on a voting case since he sionally and legitimately might have a from doing so, or what is in case law left the voting section in 1994; yet he rule 11 brought against it and they had that might apply to that. And, of came in in 2009 to cancel the most to drop it. It is an insult to the profes- sionalism of our investigating attor- course, Mr. SMITH, an excellent lawyer open-and-shut voter intimidation case neys whose names in this article are with a wonderful staff in his own right, in the history of the United States. Coates and Adams. And they have pro- doesn’t fill out the answers to the That is the New Black Panther Party hibited them from defending them- those questions because I don’t believe members standing in paramilitary uni- selves against such a charge, that they there are any. And I don’t believe the forms and berets, billy club in hand, might have pursued a meritless case. Attorney General fills out the answers calling white voters coming in ‘‘crack- And the Attorney General, in this case to those questions because I don’t be- ers’’ and intimidating them, and at Perez, the assistant attorney general, least implicitly threatening them. And lieve there are any. operating under the authority of Eric When I raised the issue that the of- they cancelled the investigation when Holder, has even ordered these attor- fice of the Department of Justice is we have video of the most open-and- neys not to comply with subpoenas be- playing, is politically motivated, of shut voter intimidation case in the his- fore the U.S. Commission on Civil course he rebuts that. He has to give tory of America. Rights when the law directs that they the ‘‘I am pure’’ and ‘‘we don’t do polit- And then von Spakovsky goes on in do so, the Federal law, and directs all ical things within my department.’’ his article to say that Loretta King these Federal agencies to ‘‘cooperate hasn’t worked on a voting case since Well, I will raise some points that I be- fully with the commission.’’ lieve are definitive rebuttals to that. she left the voting section in 1996. Yet And the Justice Department isn’t po- I believe that the Justice Depart- the assistant attorney general on that litical? When they can cancel the most ment has demonstrated a political na- case was Thomas Perez, who testified open-and-shut voter intimidation case ture well beyond immigration, and I before the Judiciary Committee, and I in the history of the United States of would take us to the case of the most believe he did so dishonestly, not just America, I submit that is starkly and open-and-shut voter intimidation case deceptively, when he told us they had bitterly political and the direction that in the history of the United States of achieved the highest punishment al- was given by Loretta King would not America, and that was in Philadelphia lowable under law. That was not true. cause me so much to focus on her if I in a previous election where we have That was not true. They accepted sim- didn’t see her name pop up elsewhere. video of members of the New Black ply an injunction to prohibit one of Well, it turns out that Loretta King, Panthers standing outside of a polling those four members of the New Black long time supposedly not a political place in paramilitary uniforms and be- Panther Party from doing the same appointment of the Department of Jus- rets, and one of them is standing there thing again in the next election at the tice, has been involved in some other with a billy club, a nightstick, smack- same location. That’s the highest pen- cases, cases in which attorney’s fees ing it into his hand and calling people, alty allowed by law for intimidating were awarded against the Justice De- white people coming in to vote, calling voters in America? When the very partment, and that would be rule 11. In them ‘‘crackers’’ and telling them that underpinnings for our Constitution are the civil rights division of the Justice they are going to take over the coun- legitimate elections, and even as im- Department for filing a meritless case, try and he is going to be out of power, portant as legitimate elections it is the Loretta King, whom Perez claims made those white people. It was intimidating American people having faith in the le- the dismissal decision, and I accept to the individual that collected that gitimacy of our elections, canceled the that description because her name pops film. case. up enough other place so I believe that There is much other investigation And he said that according to Tom is true, was one of the lawyers on which has gone on, and this investiga- Perez, the assistant attorney general, record in the case of Johnson v. Miller, tion that was carried on by the Justice who should have to answer for some of which was a redistricting case that Department before President Obama this, he had two attorneys who had went all of the way to the Supreme swore into office and before Eric Holder deep experience and he relied on their Court. became the Attorney General, there professional experience, their 60 years. And not only did Loretta King lose was an open-and-shut case that was Well, their 60 years didn’t have to do that case, but both the Supreme Court completed against the Black Panthers with civil rights cases in the voter and the Federal district court severely that were intimidating voters. And I rights case, at least since 1994 or 1996. criticized the civil rights division’s don’t believe I need to say at this point And there were others that were in- handling of the case. They found its ‘‘allegedly,’’ because I have seen the volved in this that actually did the in- practices ‘‘disturbing.’’ The district film. It is the most open-and-shut case. vestigation that had substantial expe- court found ‘‘considerable influence of But, when Eric Holder took office rience. In fact, they have more than 75 the ACLU’s advocacy on the voting shortly after that, we saw the most years between the two of them, the in- rights decisions of the United States open-and-shut case in the history of vestigators that were involved in the Attorney General to be an embarrass- America of voter intimidation can- actual investigation of that suit. ment.’’

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3480 CONGRESSIONAL RECORD — HOUSE May 13, 2010 So to read this in its continuity for as possible in local government. And imagine why that would be race based the benefit of your attention, ‘‘The Su- whenever local government passes a or have anything to do with race. preme Court and the Federal district referendum to make their elections Well, they were denied, and the will court severely criticized the civil and their office holders nonpartisan, of the people in Kinston, North Caro- rights division’s handing of the case, we should champion that. We should be lina, was wiped out and negated by a finding its practices disturbing. The working against partisanship. decision that was written by Loretta district court found the considerable But the opposite happened in the King, who said, and when the case re- influence of the ACLU’s advocacy on case of the decision of the Department ferred to a change to nonpartisan elec- the voting rights decisions of the of Justice. Now, you might ask your- tions, and I have the letter that goes to United States Attorney General to be self, Madam Speaker, why would the the city and it says this—now, imag- an embarrassment. It was also sur- Department of Justice stick their nose ine, this thinking. It is beyond my abil- prising that the Department of Justice in a local decision. Madam Speaker, ity to get my mind around this. It says: was so blind to this impropriety, espe- you might ask yourself, had you been Removing the partisan cue in munic- cially in a role as sensitive as that of focusing on my dialogue here, why ipal elections will, in all likelihood, preserving the fundamental right to local governments would want to have eliminate the single factor that allows vote.’’ a referendum, why they would want it black candidates to be elected to office. This is what is going on with the case to be nonpartisan. We know the an- Now, how could anyone get to this that Loretta King worked on that was swer. They want to get away from the point where, if your motive is for black rejected by both the district court and bitter partisanship. candidates to be elected to office, you the Supreme Court. It went all of the But furthermore, Madam Speaker, have to identify them apparently as way to the Supreme Court. The Amer- you might ask, why would the Justice Democrats, or otherwise people going ican taxpayers were forced to pay Department inject themselves into a to the polls wouldn’t know how to vote $587,000 in attorneys’ fees and costs local political decision and deny for the black candidate if they didn’t that were awarded to the defendants to Kinston, North Carolina’s decision have a D by their name. This is, if compensate them for an unwarranted made by a significant majority of their there’s a rationale in Loretta King’s lawsuit, one in which Loretta King and people that they wanted their people writing, that’s it. And it’s pretty much the other Justice Department lawyers elected, not as Republicans or Demo- a stretch, in my view. But she writes commanded the State of Georgia, as crats, but just simply as nonpartisan this, and I’ll repeat this into the the Supreme Court noted, to engage in servants of their community. RECORD, Madam Speaker, because this ‘‘presumptively unconstitutional race- Well, it happens that Kinston, North is breathtaking: removing the partisan based districting.’’ That’s what we are Carolina, is one of those covered dis- cue in municipal elections, meaning working with. tricts that are defined under some of identifying as either Democrat or Re- So it looks like the antithesis of the the Voting Rights Act that was author- publican, the D or the R, in all likeli- allegation made by the assistant attor- ized, reauthorized here some three or hood, would eliminate the single fac- ney general. It looks like Loretta King more years ago in the United States tor. Eliminate. Now it didn’t say one of has been involved in some cases that Congress. These covered districts can- the factors or a primary factor. It said had to do with race-based quota direc- not change anything within their elec- it would eliminate the single factor tion and distorting I think equal pro- tion law or practices without being ap- that allows black candidates to be tection under the law. And this isn’t proved by the Justice Department, the elected to office. the only case for Loretta King. I have civil rights division of the Justice De- In other words, she’s saying if you named two now. She is a principal partment. And so if you’re in a covered don’t have a D by your name and player in the dismissal of the most district—now, covered districts are you’re a black candidate, you can’t be open-and-shut voter intimidation case generally those districts that would elected to office. It’s the single factor, in the history of America in Philadel- have had a high percentage of minori- according to her interpretation. So she phia, the New Black Panthers Party. ties in them, presumably, also that wiped out the will of the people of have a history of, let’s say, the institu- Kinston, North Carolina, with this Jus- b 1615 tionalization of Jim Crow laws or rac- tice Department decision under the She’s an attorney in the case that ism that goes back to the civil rights hand of Loretta King. has been reversed by the United States era of the 50s and 60s. When the Civil And she goes on and writes: In Supreme Court resulting in $587,000 in Rights Act was passed in, I’m guessing Kinston elections voters base their settlement costs because of the unjust now, I believe it was 1964 or 1965, these choice more on the race of a candidate case that was brought before the Court. covered districts were restricted from rather than on his or her political af- And now I move, Madam Speaker, to making changes in their election prac- filiation. the third component of this, and this is tices without approval of the Justice Wow. Do I read that that she’s defin- Kinston, North Carolina. In Kinston, Department, in fact the civil rights di- ing the people in Kinston, North Caro- North Carolina, they had a referendum. vision of the Justice Department. lina, as racists at their core? They base They had a vote to decide to take their So in Kinston, North Carolina, or their choice more on the race of the local elections and move them away many other places across the country, candidate than on their political affili- from partisanship, to make them non- if they had a voting booth that was in ation. partisan, so that the candidates that an old city hall building and the city And she goes on to write: Without ei- would be on the ballot for mayor and hall was falling down, and they wanted ther the appeal to party loyalty or the city council and whatever offices they to move that voting booth across the ability to vote a straight ticket, the may have in that city of Kinston, street into the new city hall building, limited remaining support from white North Carolina, would not be labeled as they would have to get the approval of voters for a black candidate will dimin- Republicans or Democrats. They would the Justice Department to move that ish even more. And given that the be labeled instead as candidates to voting booth over there, and the Jus- city’s electorate is overwhelmingly serve their community. tice Department would then be doing Democratic, while the motivating fac- Well, it happens, that’s the case in an evaluation as to whether that vot- tor for this change may be partisan, most of the city government in the ing booth was being moved for some the effect will be strictly racial. United States. They are nonpartisan. race reason. Oh, my gracious. These kind of deci- People want to elect a mayor that’s That’s the minutiae of what’s going sions, the decision that wipes out the not a Democrat or a Republican, a on. It’s a bigger picture, and there are will of the people of Kinston, North mayor that’s going to serve them in other ways to analyze it. But I’ll boil it Carolina, identifies them as a bunch of their community. They want to elect down to the minutiae because this is racists that can’t decide who they want city council members of the same minutiae, Madam Speaker. This to be their mayor, without having a thing. They don’t want them identified Kinston, North Carolina argument is label of an R or a D beside them be- as Republicans or Democrats, and I’m minutiae. They decided they wanted to cause that’s an indicator of race. A D is glad that it is that way, as nonpartisan have nonpartisan elections. I couldn’t an indicator that you’re more likely a

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — HOUSE H3481 minority candidate apparently, accord- tend their remarks and include extra- ment Act of 2010’’; to the Committee on ing to her analysis. There’s nothing neous material:) Oversight and Government Reform. 7466. A letter from the Chairman, Council here that’s based on anything that has Ms. SUTTON, for 5 minutes, today. of the District of Columbia, transmitting to do with law, except that it tears Ms. WOOLSEY, for 5 minutes, today. Transmittal of D.C. ACT 18-395, ‘‘Neighbor- asunder the equal protection clause of Ms. KOSMAS, for 5 minutes, today. hood Supermarket Tax Relief Clarification the Constitution that makes it a race- Ms. KAPTUR, for 5 minutes, today. Act of 2010’’; to the Committee on Oversight based decision on her part, that sets up Mr. DEFAZIO, for 5 minutes, today. and Government Reform. and accuses people of being racist. (The following Members (at the re- 7467. A letter from the Chairman, Council And by the way, the Voting Rights quest of Mr. POE of Texas) to revise and of the District of Columbia, transmitting Act and the covered district component extend their remarks and include ex- Transmittal of D.C. ACT 18-396 ‘‘Anti-Graf- of this label somebody’s granddaughter traneous material:) fiti Act of 2010’’; to the Committee on Over- sight and Government Reform. who was born a generation and a half Mr. NEUGEBAUER, for 5 minutes, 7468. A letter from the Chairman, Council or two after her grandfather was la- today. of the District of Columbia, transmitting beled a racist by this law, also a racist. Mr. BURTON of Indiana, for 5 minutes, Transmittal of D.C. ACT 18-394, ‘‘Department It makes it, you inherit racism under May 18, 19, and 20. of Parks and Recreation Capital Construc- this covered district Voting Rights Mr. POE of Texas, for 5 minutes, May tion Mentorship Program Temporary Act. 20. Amendment Act of 2010’’; to the Committee on Oversight and Government Reform. But I suggest Attorney General Hold- Mr. JONES, for 5 minutes, May 20. 7469. A letter from the Chairman, Council er, if he’s going to be a nonpoliticized Mr. MORAN of Kansas, for 5 minutes, of the District of Columbia, transmitting Justice Department, has an obligation May 18, 19, and 20. Transmittal of D.C. ACT 18-383, ‘‘Uniform to take a look at all of the actions of Mr. WOLF, for 5 minutes, today. Emergency Volunteer Health Practitioners Loretta King. If she can go in and wipe f Act of 2010’’; to the Committee on Oversight out the will of the people of Kinston, and Government Reform. North Carolina, define them all as a ADJOURNMENT 7470. A letter from the Chairman, Federal Election Commission, transmitting the Com- group of, well, a significant majority of Mr. KING of Iowa. Madam Speaker, I them anyway, as a group of racists, if mission’s final rule — Collection of Adminis- move that the House do now adjourn. trative Debts; Collection of Debts Arising she can cancel the most open-and-shut The motion was agreed to; accord- from Enforcement and Administration of voter intimidation case in the history ingly (at 4 o’clock and 25 minutes Campaign Finance Laws [Notice 2010-10] re- of the United States of America, if she p.m.), under its previous order, the ceived April 14, 2010, pursuant to 5 U.S.C. can bring a case that’s so unmerited House adjourned until tomorrow, Fri- 801(a)(1)(A); to the Committee on House Ad- that it ends up costing the taxpayers day, May 14, 2010, at 11:30 a.m. ministration. $587,000 under rule 11, and if the Justice 7471. A letter from the Secretary, Depart- f Department, under the direction of ment of Health and Human Services, trans- EXECUTIVE COMMUNICATIONS, mitting annual report on the Indian Health Eric Holder and under the decision and Service Funding for contract support Costs under-the-oath testimony of Assistant ETC. of self-determination awards for Fiscal Year Attorney General Tom Perez, if the Under clause 2 of rule XIV, executive 2008, pursuant to Public Law 93-638, section Justice Department can do the things communications were taken from the 106(c); to the Committee on Natural Re- that they have done and argue that Speaker’s table and referred as follows: sources. they had to close the Black Panthers 7472. A letter from the Chief Justice, Su- 7460. A letter from the Administrator, De- preme Court of the United States, transmit- voter intimidation case because of the partment of Agriculture, transmitting the fear of rule 11 when, in fact, it’s the ting Amendments To The Federal Rules of Department’s final rule — Raisins Produced Criminal Procedure, pursuant to 28 U.S.C. other way around, and the Attorney From Grapes Grown in California; Final Free 2074; (H. Doc. No. 111—110); to the Committee General of the United States would sit and Reserve Percentages for 2009-10 Crop on the Judiciary and ordered to be printed. before the Judiciary Committee an Natural (Sun-Dried) Seedless Raisins [Doc. 7473. A letter from the Chief Justice, Su- hour and a half or so ago and tell this No.: AMS-FV-09-0075 and FV10-989-1 IFR] re- preme Court of the United States, transmit- Nation that his office isn’t politicized, ceived May 12, 2010, pursuant to 5 U.S.C. ting amendments to the Federal Rules of 801(a)(1)(A); to the Committee on Agri- Civil Procedure that have been adopted by with all of this evidence to the con- culture. trary, and put all of the resources that the Supreme Court, pursuant to 28 U.S.C. 7461. A letter from the Chief Counsel, De- 2072; (H. Doc. No. 111—111); to the Committee he has into the investigation of Ari- partment of Homeland Security, transmit- on the Judiciary and ordered to be printed. zona immigration law, the constitu- ting the Department’s final rule — Changes 7474. A letter from the Chief Justice, Su- tionality of it, whether there’s a Fed- in Flood Elevation Determinations [Docket preme Court of the United States, transmit- eral statute that prohibits it or wheth- ID: FEMA-2010-0003; Internal Agency Docket ting amendments to the Federal Rules of Ap- er there’s any case law out there, any No. FEMA-B-1116] received April 26, 2010, pellate Procedure that have been adopted by case precedents that might affect it, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Supreme Court, pursuant to 28 U.S.C. mittee on Financial Services. 2074; (H. Doc. No. 111—112); to the Committee and still not speak to any of those 7462. A letter from the Managing Associate three issues, so the resources of the on the Judiciary and ordered to be printed. General Counsel, Government Account- 7475. A letter from the Chief Jusstice, Su- United States of America are being ability Office, transmitting a report on the preme Court of the United States, transmit- used in a politicized fashion, Madam major rule from the Environmental Protec- ting amendments to the Federal Rules of Speaker, and I think I have made my tion Agency entitled ‘‘National Emission Evidence that have been adopted by the case. I appreciate your attention. Standards for Hazardous Air Pollutants for Court, pursuant to 28 U.S.C. 2072; (H. Doc. I yield back the balance of my time. Reciprocating Internal Combustion En- No. 111—113); to the Committee on the Judi- gines’’; to the Committee on Energy and ciary and ordered to be printed. f Commerce. 7476. A letter from the Chief Justice, Su- LEAVE OF ABSENCE 7463. A letter from the Assistant Director preme Court of the United States, transmit- for Policy, Department of the Treasury, By unanimous consent, leave of ab- ting amendment to the Federal Rules of transmitting the Department’s final rule — Bankruptcy Procedure that have been adopt- sence was granted to: Somalia Sanctions Regulations received ed by the Supreme Court, pursuant to 28 Mr. RANGEL (at the request of Mr. April 26, 2010, pursuant to 5 U.S.C. U.S.C. 2075; (H. Doc. No. 111—114); to the HOYER) for today after 12 p.m. on ac- 801(a)(1)(A); to the Committee on Foreign Af- Committee on the Judiciary and ordered to count of business in the district. fairs. be printed. f 7464. A letter from the Chairman, Council 7477. A letter from the Assistant Attorney of the District of Columbia, transmitting General, Department of Justice, transmit- SPECIAL ORDERS GRANTED Transmittal of D.C. ACT 18-400, ‘‘OTO Hotel ting the report on the administration of the By unanimous consent, permission to at Constitution Square Economic Develop- Foreign Agents Registration Act covering address the House, following the legis- ment Act of 2010’’; to the Committee on the six months ending June 30, 2009, pursuant Oversight and Government Reform. to 22 U.S.C. 621; to the Committee on the Ju- lative program and any special orders 7465. A letter from the Chairman, Council diciary. heretofore entered, was granted to: of the District of Columbia, transmitting 7478. A letter from the Assistant Attorney (The following Members (at the re- Transmittal of D.C. ACT 18-397, ‘‘Bonus and General, Department of Justice, transmit- quest of Ms. SUTTON) to revise and ex- Special Pay Clarification Temporary Amend- ting the semi-annual report of the Attorney

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE H3482 CONGRESSIONAL RECORD — HOUSE May 13, 2010 General concerning enforcement actions 7488. A letter from the Administrator, count in evaluating proposals for contracts taken by the Department under the Lob- FEMA, Department of Homeland Security, for major defense acquisition programs, and bying Disclosure Act, Public Law 104-65, as transmitting the Department’s report on the for other purposes; to the Committee on amended by Public Law 110-81, codified at 2 Preliminary Damage Assessment informa- Armed Services. U.S.C. Sec. 1605(b)(1) for the semi-annual pe- tion on FEMA-1876-DR for the State of Okla- By Mr. PENCE (for himself, Mrs. riod beginning on January 1, 2009; to the homa; jointly to the Committees on Trans- MCMORRIS RODGERS, Mr. LEWIS of Committee on the Judiciary. portation and Infrastructure, Appropria- California, Mr. HENSARLING, and Ms. 7479. A letter from the Paralegal Spe- tions, and Homeland Security. GRANGER): cialist, Department of Transportation, trans- 7489. A letter from the Administrator, H.R. 5299. A bill to temporarily prohibit mitting the Department’s final rule — Air- FEMA, Department of Homeland Security, United States loans to the International worthiness Directives; Airbus Model A330- transmitting the Department’s report on the Monetary Fund to be used to provide financ- 200, A330-300, and A340-300 Series Airplanes Preliminary Damage Assessment informa- ing for any member state of the European [Docket No.: FAA-2009-1108; Directorate tion on FEMA-1877-DR for the State of Iowa; Union; to the Committee on Financial Serv- Identifier 2009-NM-131-AD; Amendment 39- jointly to the Committees on Transportation ices. 16260; AD 2010-08-05] (RIN: 2120-AA64) received and Infrastructure, Appropriations, and By Mr. SCOTT of Virginia (for himself, April 26, 2010, pursuant to 5 U.S.C. Homeland Security. Mr. LATOURETTE, Ms. LORETTA 801(a)(1)(A); to the Committee on Transpor- SANCHEZ of California, Mr. LOBIONDO, f tation and Infrastructure. and Mrs. MILLER of Michigan): 7480. A letter from the Paralegal Spe- PUBLIC BILLS AND RESOLUTIONS H.R. 5300. A bill to provide safeguards with cialist, Department of Transportation, trans- respect to the Federal Bureau of Investiga- mitting the Department’s final rule — Air- Under clause 2 of rule XII, public tion criminal background checks prepared worthiness Directives; Airbus Model 340-500 bills and resolutions of the following for employment purposes, and for other pur- and -600 Series Airplanes [Docket No.: FAA- titles were introduced and severally re- poses; to the Committee on the Judiciary. 2010-0282; Directorate Identifier 2009-NM-140- ferred, as follows: By Mr. LOBIONDO (for himself, Mr. AD; Amendment 39-16262; AD 2010-08-07] (RIN: By Mr. REHBERG (for himself and Ms. MICA, Mr. TAYLOR, Mr. JONES, Mr. 2120-AA64) received April 26, 2010, pursuant HERSETH SANDLIN): COBLE, and Mr. YOUNG of Alaska): to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 5294. A bill to prevent Federal agen- H.R. 5301. A bill to extend the period dur- Transportation and Infrastructure. cies from regulating greenhouse gas emis- ing which the Administrator of the Environ- 7481. A letter from the Paralegal Spe- sions for purposes of addressing climate mental Protection Agency and States are cialist, Department of Transportation, trans- change without express and specific statu- prohibited from requiring a permit under mitting the Department’s final rule — Modi- tory authority, and for other purposes; to section 402 of the Federal Water Pollution fication of Class E Airspace; Oxnard, CA the Committee on Energy and Commerce. Control Act for certain discharges that are [Docket No.: FAA-2009-1009; Airspace Docket By Mr. SULLIVAN (for himself, Mr. incidental to normal operation of vessels; to the Committee on Transportation and Infra- No. 09-AWP-11] received April 26, 2010, pursu- SCOTT of Georgia, and Mr. structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee MCDERMOTT): on Transportation and Infrastructure. H.R. 5295. A bill to ensure that patients re- By Mr. PETERS (for himself, Mr. 7482. A letter from the Paralegal Spe- ceive accurate health care information by LEVIN, Mr. DINGELL, Mr. MAFFEI, Mr. cialist, Department of Transportation, trans- prohibiting misleading and deceptive adver- SARBANES, Mr. REYES, Ms. NORTON, mitting the Department’s final rule — tising or representation in the provision of Mr. SCHAUER, Mr. PASCRELL, Mr. Amendment of Class E Airspace; North Bend, health care services, and to require the iden- STUPAK, Ms. TSONGAS, Mr. WATT, Mr. OR [Docket No.: FAA-2009-0831; Airspace tification of the license of health care profes- TONKO, Mr. ETHERIDGE, Ms. LINDA T. ´ Docket No. 09-ANM-13] received April 26, sionals; to the Committee on Energy and SANCHEZ of California, Mr. ADLER of 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. New Jersey, Mr. KANJORSKI, Mr. Committee on Transportation and Infra- By Mr. MCNERNEY (for himself, Mr. MOORE of Kansas, Mr. MICHAUD, Ms. structure. COSTA, and Mr. CARDOZA): SUTTON, Ms. BEAN, Mr. LIPINSKI, Ms. 7483. A letter from the Paralegal Spe- H.R. 5296. A bill to address the health and MOORE of Wisconsin, Mr. LOEBSACK, cialist, Department of Transportation, trans- economic development impacts of nonattain- Mr. KILDEE, and Mr. MILLER of North mitting the Department’s final rule — ment of federally mandated air quality Carolina): Amendment of Low Altitude Area Naviga- standards in the San Joaquin Valley, Cali- H.R. 5302. A bill to establish the State tion Route T-254; Houston, TX [Docket No.: fornia, by designating air quality empower- Small Business Credit Initiative, and for FAA-2010-0015; Airspace Docket No. 09-ASW- ment zones; to the Committee on Energy and other purposes; to the Committee on Finan- 18] (RIN: 2120-AA66) received April 26, 2010, Commerce. cial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. FRANK of Massachusetts (for By Mr. BISHOP of New York: mittee on Transportation and Infrastruc- H.R. 5303. A bill to amend title 38, United himself, Ms. WATERS, Mrs. MALONEY, ture. States Code, to improve housing stipends for 7484. A letter from the Parlaegal Spe- Mr. GUTIERREZ, Mr. WATT, Mr. MOORE veterans receiving educational assistance cialist, Department of Transportation, trans- of Kansas, Mr. HINOJOSA, Mr. MEEKS under the Post-9/11 Veterans Educational As- mitting the Department’s final rule — of New York, Mr. MILLER of North sistance Program; to the Committee on Vet- Amendment of Class E Airspace; Rifle, CO Carolina, Mr. SCOTT of Georgia, Mr. erans’ Affairs. [Docket No.: FAA-2009-1014; Airspace Docket AL GREEN of Texas, Ms. BEAN, Ms. By Mr. COHEN (for himself, Mr. No. 09-ANM-10] received April 26, 2010, pursu- MOORE of Wisconsin, Mr. ELLISON, GRIJALVA, Mr. PAYNE, and Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. KLEIN of Florida, Mr. STARK): on Transportation and Infrastructure. PERLMUTTER, Mr. PETERS, Mr. H.R. 5304. A bill to amend title I of the Om- 7485. A letter from the Paralegal Spe- MAFFEI, and Mrs. DAHLKEMPER): nibus Crime Control and Safe Streets Act of cialist, Department of Transportation, trans- H.R. 5297. A bill to create the Small Busi- 1968 to provide for improvements under the mitting the Department’s final rule — ness Lending Fund Program to direct the Edward Byrne Memorial Justice Assistance Amendment of Class E Airspace; Altus, OK Secretary of the Treasury to make capital Grant Program to reduce racial and ethnic [Docket No.: FAA-2009-0405; Airspace Docket investments in eligible institutions in order disparities in the criminal justice system; to No. 09-ASW-17] received April 26, 2010, pursu- to increase the availability of credit for the Committee on the Judiciary. ant to 5 U.S.C. 801(a)(1)(A); to the Committee small businesses, and for other purposes; to By Mr. DUNCAN (for himself, Mr. LI- on Transportation and Infrastructure. the Committee on Financial Services. PINSKI, Ms. FUDGE, Mr. ARCURI, and 7486. A letter from the Paralegal Spe- By Mr. TIAHRT (for himself, Mr. Mr. HARPER): cialist, Department of Transportation, trans- LARSEN of Washington, Mr. INSLEE, H.R. 5305. A bill to mandate the monthly mitting the Department’s final rule — Mr. BLUNT, Mr. SMITH of Texas, Mr. formulation and publication of a consumer Amendment of Class D Airspace; Hollywood, MORAN of Kansas, Mrs. EMERSON, Mr. price index specifically for senior citizens to FL [Docket No.: FAA-2010-0300; Airspace CLAY, Mr. LUETKEMEYER, Mr. establish an accurate Social Security COLA Docket No. 10-ASO-17] received April 26, 2010, CARNAHAN, Ms. JENKINS, Mrs. for such citizens; to the Committee on Edu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NAPOLITANO, Mr. MANZULLO, Mr. FOS- cation and Labor. mittee on Transportation and Infrastruc- TER, Mr. MCMAHON, Mr. LOEBSACK, By Mrs. EMERSON: ture. Mr. WILSON of South Carolina, Mr. H.R. 5306. A bill to amend the Internal Rev- 7487. A letter from the Assistant Secretary BROWN of South Carolina, Mr. DAVIS enue Code of 1986 to require employers to of the Army (Civil Works), Department of of Illinois, Mr. CALVERT, Ms. sign a statement on their income tax returns the Army, transmitting the final integrated DELAURO, Mr. BACA, Mr. COSTELLO, that they do not knowingly employ individ- General Reevaluation Report and Mr. HASTINGS of Washington, Mr. uals in the United States who are not au- Environmenal Impact Statement for West GERLACH, Mr. ROTHMAN of New Jer- thorized to be employed in the United Onslow Beach and New River Inlet, North sey, Mr. RUSH, Mr. LIPINSKI, and Mr. States; to the Committee on Ways and Carolina; (H. Doc. No. 111—109); to the Com- HARE): Means. mittee on Transportation and Infrastructure H.R. 5298. A bill to require the Secretary of By Ms. GIFFORDS (for herself and Mr. and ordered to be printed. Defense to take illegal subsidization into ac- HELLER):

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H.R. 5307. A bill to amend the Tariff Act of ery period for nonresidential real property in Ms. FUDGE, Mr. DAVIS of Illinois, Mr. 1930 to include ultralight aircraft under the rural areas; to the Committee on Ways and SNYDER, Mr. SHULER, and Mr. WATT): definition of aircraft for purposes of the Means. H. Res. 1361. A resolution recognizing aviation smuggling provisions under that By Mr. WELCH: North Carolina Central University on its Act; to the Committee on Ways and Means. H.R. 5315. A bill to amend title 38, United 100th anniversary; to the Committee on Edu- By Ms. LEE of California (for herself, States Code, to extend the period of time in cation and Labor. Mr. BISHOP of Georgia, Mr. MEEKS of which a member of the Armed Forces may f New York, Mr. CONYERS, Ms. CORRINE transfer educational assistance under the BROWN of Florida, Ms. RICHARDSON, Post-9/11 Educational Assistance Program to MEMORIALS Mrs. CHRISTENSEN, Ms. KILPATRICK of a dependent child; to the Committee on Vet- Michigan, Mr. LEWIS of Georgia, Ms. erans’ Affairs. Under clause 4 of rule XXII, MOORE of Wisconsin, Mr. TOWNS, and By Mr. YOUNG of Alaska: 279. The SPEAKER presented a memorial Ms. EDDIE BERNICE JOHNSON of H.R. 5316. A bill to direct the Secretary of of the House of Representatives of the State Texas): Labor to establish an office in Anchorage, of Idaho, relative to House Concurrent Reso- H.R. 5308. A bill to provide for the post- Alaska, under the Office of Workers’ Com- lution No. 44 urging the Congress to imple- humous promotion of Charles Young to the pensation Programs; to the Committee on ment suggestions in the Resolution; to the grade of brigadier general in the United Education and Labor. Committee on the Judiciary. States Army; to the Committee on Armed By Mr. YOUNG of Alaska: Services. H.R. 5317. A bill to provide for the convey- f By Mrs. MALONEY (for herself, Mr. ance of certain property from the United ADDITIONAL SPONSORS OLVER, Ms. MOORE of Wisconsin, Ms. States to the Maniilaq Association located SUTTON, Mr. FARR, Mr. MOORE of in Kotzebue, Alaska; to the Committee on Under clause 7 of rule XII, sponsors Kansas, Mr. TIERNEY, Mr. INSLEE, Natural Resources, and in addition to the were added to public bills and resolu- Mrs. CAPPS, Ms. BALDWIN, Mr. FIL- Committee on Energy and Commerce, for a tions as follows: NER, Ms. WASSERMAN SCHULTZ, and period to be subsequently determined by the H.R. 126: Mr. DUNCAN. Mr. STARK): Speaker, in each case for consideration of H.R. 207: Mr. HODES. H.R. 5309. A bill to establish certain duties such provisions as fall within the jurisdic- H.R. 208: Mr. PITTS, Mr. LOBIONDO, and Ms. for pharmacies to ensure provision of Food tion of the committee concerned. NORTON. and Drug Administration-approved contra- By Mr. SCHRADER: ception, and for other purposes; to the Com- H.J. Res. 84. A joint resolution proposing H.R. 413: Mr. INSLEE and Mr. CARNEY. mittee on Energy and Commerce. an amendment to the Constitution of the H.R. 886: Mr. VAN HOLLEN. By Mr. PALLONE (for himself and Mr. United States giving Congress power to regu- H.R. 1021: Mr. COHEN and Mr. STEARNS. SESTAK): late campaign contributions for Federal H.R. 1093: Mr. BRADY of Pennsylvania. H.R. 5310. A bill to amend the Comprehen- elections; to the Committee on the Judici- H.R. 1175: Mr. LIPINSKI. sive Environmental Response, Compensa- ary. H.R. 1179: Mr. TERRY. tion, and Liability Act of 1980 to reauthorize By Mrs. HALVORSON (for herself and H.R. 1189: Mr. ROGERS of Alabama. and improve the Brownfields revitalization Mr. FILNER): H.R. 1205: Mr. LARSEN of Washington and program, and for other purposes; to the Com- H. Con. Res. 278. Concurrent resolution ex- Mr. BARRETT of South Carolina. mittee on Energy and Commerce, and in ad- pressing the sense of Congress that a grate- H.R. 1410: Mr. CONYERS, Mr. BRALEY of dition to the Committee on Transportation ful Nation supports and salutes Sons and Iowa, Mr. ISRAEL, Ms. KILPATRICK of Michi- and Infrastructure, for a period to be subse- Daughters in Touch on its 20th Anniversary gan, and Ms. KILROY. quently determined by the Speaker, in each that is being held on Father’s Day, 2010, at H.R. 1547: Mr. INGLIS, Mr. COSTA, and Mr. case for consideration of such provisions as the Vietnam Veterans Memorial in Wash- CALVERT. fall within the jurisdiction of the committee ington, the District of Columbia; to the Com- H.R. 1625: Mr. BRIGHT and Ms. HARMAN. concerned. mittee on Veterans’ Affairs. H.R. 1643: Ms. RICHARDSON and Mr. BOU- By Mr. PASCRELL (for himself, Mr. By Mr. FARR (for himself, Mr. CHER. BOUSTANY, and Mr. KANJORSKI): MCDERMOTT, Mr. LEVIN, Mr. H.R. 1744: Mr. BOSWELL, Mr. WILSON of H.R. 5311. A bill to amend the Internal Rev- BLUMENAUER, Mr. THOMPSON of Cali- Ohio, Mr. CALVERT, and Mr. SPRATT. enue Code of 1986 to make permanent the fornia, Ms. MATSUI, Ms. WOOLSEY, H.R. 1826: Mr. DEUTCH. treatment of municipal bonds guaranteed by Mr. GEORGE MILLER of California, Ms. H.R. 1864: Ms. PINGREE of Maine. Federal home loan banks as tax exempt H.R. 1866: Mr. ELLISON. bonds; to the Committee on Ways and LEE of California, Mr. GARAMENDI, Mr. MCNERNEY, Ms. SPEIER, Mr. H.R. 1874: Mr. HINCHEY. Means. H.R. 2067: Mr. PALLONE. By Mr. SCHAUER (for himself, Mr. STARK, Ms. ESHOO, Mr. HONDA, Ms. ZOE LOFGREN of California, Mr. H.R. 2103: Mr. DOYLE, Mr. JOHNSON of Geor- MICHAUD, Mr. RYAN of Ohio, Ms. KAP- CARDOZA, Mr. COSTA, Mrs. CAPPS, Mr. gia, and Mr. VAN HOLLEN. TUR, Mr. KILDEE, Mr. JONES, Mr. DREIER, Mr. WAXMAN, Mr. BECERRA, H.R. 2149: Ms. MATSUI. HARE, Ms. SUTTON, and Ms. SHEA- Ms. CHU, Ms. WATSON, Ms. WATERS, H.R. 2222: Mr. PASCRELL. PORTER): H.R. 2267: Mr. MURPHY of New York. H.R. 5312. A bill to limit the total value of Ms. HARMAN, Ms. RICHARDSON, Ms. H.R. 2363: Ms. WOOLSEY, Mr. MORAN of Vir- Chinese goods that may be procured by the LINDA T. SA´ NCHEZ of California, Mr. ginia, and Ms. RICHARDSON. United States Government during a calendar BACA, Mr. ROHRABACHER, Ms. LORET- H.R. 2378: Mr. ELLSWORTH and Mr. CAL- year to not more than the total value of TA SANCHEZ of California, Mr. ISSA, VERT. United States goods procured by the Chinese Mr. BILBRAY, Mr. FILNER, and Mrs. H.R. 2381: Mr. MOORE of Kansas. Government if any during the preceding cal- DAVIS of California): endar year, and for other purposes; to the H. Res. 1358. A resolution recognizing the H.R. 2480: Ms. CASTOR of Florida. Committee on Oversight and Government contribution made by the James Martin Cen- H.R. 2483: Mr. LARSEN of Washington, Ms. Reform, and in addition to the Committees ter for Nonproliferation Studies at the Mon- RICHARDSON, Mr. HASTINGS of Florida, and on Ways and Means, and Transportation and terey Institute of International Studies to Mr. BISHOP of Georgia. Infrastructure, for a period to be subse- combat the spread of weapons of mass de- H.R. 2485: Ms. NORTON. quently determined by the Speaker, in each struction by training the next generation of H.R. 2546: Mr. RADANOVICH. case for consideration of such provisions as nonproliferation specialists and dissemi- H.R. 2553: Mr. ROE of Tennessee. fall within the jurisdiction of the committee nating timely information and analysis; to H.R. 2555: Mr. BISHOP of Georgia and Ms. concerned. the Committee on Foreign Affairs. RICHARDSON. By Mr. SCHOCK (for himself and Mr. By Mr. ACKERMAN (for himself and H.R. 2561: Ms. KILPATRICK of Michigan. PUTNAM): Mr. BURTON of Indiana): H.R. 2601: Mr. BRALEY of Iowa, Mr. SPRATT, H.R. 5313. A bill to direct the Secretary of H. Res. 1359. A resolution calling for the and Mr. BOUCHER. the Interior to require offshore oil rigs to in- immediate and unconditional release of H.R. 2736: Mr. KILDEE, Mr. FRANK of Massa- stall acoustic control systems, and for other Israeli soldier Gilad Shalit held captive by chusetts, and Ms. PINGREE of Maine. purposes; to the Committee on Natural Re- Hamas, and for other purposes; to the Com- H.R. 2746: Mr. POLIS, Mr. LATOURETTE, Mr. sources, and in addition to the Committee on mittee on Foreign Affairs. LOBIONDO, Mr. DAVIS of Alabama, and Mrs. Transportation and Infrastructure, for a pe- By Mr. KRATOVIL: MILLER of Michigan. riod to be subsequently determined by the H. Res. 1360. A resolution amending the H.R. 2872: Mr. HOLT. Speaker, in each case for consideration of Rules of the House of Representatives to H.R. 2897: Mr. HEINRICH. such provisions as fall within the jurisdic- guarantee reasonable time prior to the con- H.R. 3035: Mr. PALLONE and Mr. ELLS- tion of the committee concerned. sideration of legislation; to the Committee WORTH. By Mr. SMITH of Nebraska (for himself on Rules. H.R. 3077: Mr. LEWIS of Georgia. and Mr. MARCHANT): By Mr. PRICE of North Carolina (for H.R. 3181: Ms. CLARKE. H.R. 5314. A bill to amend the Internal Rev- himself, Mr. BUTTERFIELD, Mr. H.R. 3257: Mr. SABLAN. enue Code of 1986 to provide a 15-year recov- ETHERIDGE, Mr. MCHENRY, Mr. COBLE, H.R. 3287: Mr. WALZ.

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H.R. 3379: Mr. BLUMENAUER. H.R. 5111: Mr. LEE of New York, Mr. ROG- Mr. BUCHANAN, Mr. POSEY, Mr. MEEK of Flor- H.R. 3668: Mr. DEUTCH, Mr. HIGGINS, Ms. ERS of Kentucky, Mr. ROGERS of Michigan, ida, Mr. DEUTCH, Mr. LINCOLN DIAZ-BALART CASTOR of Florida, Mr. REYES, Mr. BACHUS, Mrs. EMERSON, Mr. ALEXANDER, Mr. YOUNG of of Florida, Mr. KLEIN of Florida, Mr. Mr. ADLER of New Jersey, Mr. GONZALEZ, Ms. Florida, Mr. CALVERT, and Mr. BONNER. HASTINGS of Florida, Mr. MARIO DIAZ-BALART HARMAN, Mr. BISHOP of Georgia, Mr. TURNER, H.R. 5117: Mr. RANGEL and Ms. ESHOO. of Florida, Mrs. CAPPS, Ms. CHU, Mr. HIMES, Ms. HIRONO, and Mr. WHITFIELD. H.R. 5118: Mr. SULLIVAN. Ms. HIRONO, Mr. HODES, Mr. LUJA´ N, Mr. ACK- H.R. 3675: Mr. HOLT. H.R. 5120: Mr. FILNER, Ms. KILPATRICK of ERMAN, Mr. RYAN of Ohio, and Mr. MATHE- H.R. 3712: Mr. GRAYSON. Michigan, Mr. HOLT, Mr. PASTOR of Arizona, SON. H.R. 3724: Mr. DELAHUNT. and Mr. GRAYSON. H. Res. 1175: Mrs. MYRICK and Mr. CALVERT. H.R. 3734: Mr. MCDERMOTT. H.R. 5122: Mr. AL GREEN of Texas. H. Res. 1207: Mr. LINDER and Mr. DICKS. H.R. 3781: Mr. REHBERG. H.R. 5142: Ms. BEAN. H. Res. 1219: Mr. LEWIS of California and H.R. 3790: Mr. EDWARDS of Texas, Mr. WAL- H.R. 5174: Mr. DENT and Mr. PASCRELL. Mr. GALLEGLY. DEN, Ms. NORTON, Ms. BALDWIN, Mr. HARPER, H.R. 5175: Ms. SPEIER, Mr. TIERNEY, Ms. H. Res. 1264: Mr. PASCRELL. and Mr. FILNER. SCHAKOWSKY, and Mr. INSLEE. H. Res. 1273: Mr. GALLEGLY and Mr. BOREN. H.R. 3995: Ms. HIRONO. H.R. 5177: Mr. PLATTS and Mr. COURTNEY. H. Res. 1275: Mr. HALL of New York, Mr. H.R. 4055: Mr. PIERLUISI. H.R. 5191: Mr. PAYNE. H.R. 4068: Mr. AKIN. SIRES, and Mr. GARAMENDI. H.R. 5198: Mr. SABLAN. H.R. 4080: Mr. PIERLUISI. H. Res. 1290: Mr. REYES and Mr. KIRK. H.R. 5211: Mr. TONKO. H.R. 4115: Ms. SUTTON and Mr. GRAYSON. H. Res. 1291: Ms. NORTON. H.R. 5213: Ms. SPEIER and Ms. WATERS. H.R. 4142: Mr. SHERMAN. H. Res. 1292: Mr. BLUNT, Mrs. EMERSON, Mr. H.R. 5214: Ms. ESHOO, Ms. PINGREE of H.R. 4148: Mr. BISHOP of New York. BRADY of Texas, Mr. BISHOP of Utah, Mr. Maine, Mr. MCGOVERN, and Mr. BLUMENAUER. H.R. 4191: Mr. BLUMENAUER. BOOZMAN, Mr. WILSON of South Carolina, Mr. H.R. 5222: Mr. BLUMENAUER. H.R. 4278: Mr. STUPAK. FORBES, Mr. CONAWAY, Mr. SHIMKUS, Mr. H.R. 5225: Mr. WALZ. H.R. 4383: Mr. BURTON of Indiana and Mr. MILLER of Florida, Mr. BLUMENAUER, Mr. H.R. 5226: Mr. YARMUTH, Mr. BRALEY of GRIJALVA. DUNCAN, Mr. BROWN of South Carolina, Mr. Iowa, Mr. LOEBSACK, Mr. ARCURI, Mr. H.R. 4393: Mr. CALVERT. CRENSHAW, Mr. LUCAS, Mr. GOODLATTE, Ms. MCNERNEY, Mr. KUCINICH, Ms. KAPTUR, and H.R. 4403: Mr. SABLAN. JENKINS, Mr. MCINTYRE, Mr. SULLIVAN, Mr. Mr. BOCCIERI. H.R. 4427: Ms. PINGREE of Maine. SESSIONS, Mr. LATOURETTE, Mr. PLATTS, Mr. H.R. 5234: Mr. ROGERS of Alabama. H.R. 4533: Mr. ISRAEL. DENT, Mr. GERLACH, Mr. HASTINGS of Wash- H.R. 4553: Mr. CARNEY. H.R. 5257: Mr. TERRY. ington, Mr. SIMPSON, Mr. GRAVES, and Mr. H.R. 4554: Ms. ROYBAL-ALLARD. H.R. 5268: Mr. FARR, Mr. BLUMENAUER, and REICHERT. H.R. 4671: Mr. EHLERS and Mr. HILL. Mr. CONNOLLY of Virginia. H. Res. 1302: Ms. ZOE LOFGREN of Cali- H.R. 4710: Mr. WU. H.R. 5279: Mr. PASCRELL. fornia. H.R. 4713: Mr. ELLISON. H. Con. Res. 16: Mr. CALVERT. DERHOLT OGERS H.R. 4728: Mr. GINGREY of Georgia, Mr. H. Con. Res. 245: Mr. PLATTS. H. Res. 1313: Mr. A , Mr. R of ACHUS INDER LAMBORN, and Mr. CALVERT. H. Con. Res. 265: Mr. PENCE, Mr. ISSA, Mr. Alabama, Mr. B , Mr. L , Mr. H.R. 4733: Ms. PINGREE of Maine. BISHOP of Utah, and Mrs. BLACKBURN. POSEY, Mr. MCCOTTER, and Mr. BONNER. H.R. 4737: Mr. JACKSON of Illinois. H. Con. Res. 266: Mr. CAPUANO and Mr. H. Res. 1319: Mr. TONKO. H.R. 4803: Mr. TERRY and Mr. SULLIVAN. MCCOTTER. H. Res. 1321: Mr. BLUMENAUER, Mr. LARSON H.R. 4819: Mr. CONYERS. H. Con. Res. 271: Mr. MARCHANT and Mr. of Connecticut, and Mrs. CHRISTENSEN. H.R. 4830: Mr. STARK. BOOZMAN. H. Res. 1330: Mr. COHEN, Ms. CASTOR of H.R. 4844: Mr. PETERSON. H. Con. Res. 274: Mr. TURNER and Mr. Florida, Mr. MICHAUD, Ms. PINGREE of Maine, H.R. 4868: Mr. WEINER. FLEMING. Mr. LANGEVIN, Mr. MCINTYRE, and Ms. H.R. 4871: Ms. BEAN. H. Res. 173: Mr. ISRAEL, Mr. THOMPSON of MCCOLLUM. H.R. 4879: Mr. LEVIN, Ms. SLAUGHTER, Mr. Pennsylvania, Ms. MOORE of Wisconsin, and H. Res. 1346: Mr. WITTMAN. BERMAN, Mr. GRAYSON, Mr. WAXMAN, and Mr. Mr. PERLMUTTER. H. Res. 1350: Ms. HIRONO, Mr. LOEBSACK, HALL of New York. H. Res. 263: Mr. WOLF. Mr. KILDEE, Ms. BORDALLO, Ms. NORTON, Ms. H.R. 4883: Mr. LATTA. H. Res. 407: Mr. SNYDER and Mr. NEAL of CORRINE BROWN of Florida, Ms. EDDIE BER- H.R. 4888: Ms. BALDWIN. Massachusetts. NICE JOHNSON of Texas, Ms. EDWARDS of H.R. 4889: Mr. BURGESS. H. Res. 510: Mr. LATOURETTE. Maryland, Mr. PAYNE, Mr. ELLISON, Mr. H.R. 4910: Mr. CALVERT. H. Res. 584: Mr. CALVERT. MEEKS of New York, Mr. BACA, Mr. HINCHEY, H.R. 4914: Mr. GRAYSON. H. Res. 762: Mr. HIGGINS, Mr. LARSON of Mr. JOHNSON of Georgia, Ms. RICHARDSON, H.R. 4923: Mr. YARMUTH and Mr. COHEN. Connecticut, Mr. KUCINICH, Mr. MURPHY of Mr. ENGEL, Mr. FILNER, Mr. SABLAN, Mr. H.R. 4933: Mr. RUSH and Mr. MCGOVERN. Connecticut, Mrs. MCCARTHY of New York, GARAMENDI, Mr. TONKO, Mr. FARR, Mr. H.R. 4951: Mr. BOOZMAN and Mr. MARCHANT. and Mr. MAFFEI. DEUTCH, Mr. MCNERNEY, Ms. FUDGE, Ms. H.R. 4952: Mr. REICHERT. LINDA T. SA´ NCHEZ of California, Ms. CLARKE, H.R. 4959: Mr. SERRANO, Ms. NORTON, and H. Res. 913: Mr. LARSEN of Washington. Mr. TOWNS, Mr. LEWIS of Georgia, Mr. JACK- Mr. ROTHMAN of New Jersey. H. Res. 996: Mr. GORDON of Tennessee. SON of Illinois, Ms. LEE of California, Mr. H.R. 5015: Ms. MCCOLLUM and Mr. H. Res. 1026: Mr. CALVERT. DAVIS of Illinois, Ms. KAPTUR, Ms. KIL- LOEBSACK. H. Res. 1052: Mr. ELLSWORTH, Mr. PATRICK of Michigan, Ms. JACKSON LEE of H.R. 5016: Mr. COFFMAN of Colorado, Mr. COURTNEY, Ms. BORDALLO, Mr. MILLER of Texas, Ms. WOOLSEY, Ms. MCCOLLUM, Ms. GALLEGLY, Mr. FLEMING, Mr. POSEY, Mr. Florida, and Mr. BISHOP of Utah. MATSUI, Mr. MCDERMOTT, Ms. CHU, Mr. GARRETT of New Jersey, Mr. ISSA, Mr. PITTS, H. Res. 1056: Mr. CALVERT. HONDA, Mr. GUTIERREZ, Mr. BECERRA, Mr. Mr. CULBERSON, Mr. DANIEL E. LUNGREN of H. Res. 1073: Mr. BUYER and Mr. CALVERT. MEEK of Florida, Mr. MCGOVERN, Mr. BRALEY California, Mr. CHAFFETZ, Mr. FLAKE, Mr. H. Res. 1110: Mrs. MCMORRIS RODGERS, Mr. of Iowa, Mr. SIRES, Mr. CLEAVER, Mr. GRAY- MCCLINTOCK, Mr. LAMBORN, Mr. SMITH of Ne- WILSON of South Carolina, and Mr. TURNER. SON, Mr. CLAY, and Mr. RAHALL. braska, Mr. HENSARLING, Mr. LATTA, Mr. H. Res. 1122: Mr. CLEAVER, Mr. ROTHMAN of OLSON, Mr. GINGREY of Georgia, Mr. SHAD- New Jersey, Ms. ROYBAL-ALLARD, and Mr. H. Res. 1352: Ms. LEE of California, Mr. EGG, Mr. FRANKS of Arizona, Mr. YOUNG of TERRY. MINNICK, Mr. MILLER of North Carolina, Mr. Alaska, Mrs. MCMORRIS RODGERS, Mr. KING H. Res. 1152: Ms. EDDIE BERNICE JOHNSON of ROSS, Mr. TANNER, and Mr. SMITH of New of Iowa, Mrs. LUMMIS, Mr. FORTENBERRY, Mr. Texas, Ms. WATSON, Ms. BORDALLO, Mr. AN- Jersey. PRICE of Georgia, Mr. NEUGEBAUER, Mr. DREWS, Mr. MOORE of Kansas, Mr. JACKSON of H. Res. 1357: Mr. WAXMAN and Ms. RICHARD- HELLER, Mrs. BLACKBURN, Mr. POE of Texas, Illinois, Mr. BUTTERFIELD, Mr. BISHOP of SON. and Mr. HERGER. Georgia, Mr. KAGEN, Mr. HARE, Ms. SUTTON, H.R. 5029: Mr. BURTON of Indiana. Ms. MCCOLLUM, Ms. DEGETTE, Mr. FATTAH, f H.R. 5035: Mr. HOLDEN. Mr. ELLISON, Mr. GEORGE MILLER of Cali- H.R. 5038: Mr. MCCLINTOCK. fornia, Ms. WATERS, Mr. YOUNG of Alaska, H.R. 5044: Mr. GRAYSON, Mr. MCGOVERN, Mrs. BIGGERT, Mr. PAYNE, Mr. COHEN, Mrs. DELETIONS OF SPONSORS FROM Mr. HEINRICH, and Mr. STARK. EMERSON, Ms. LEE of California, Mr. WATT, PUBLIC BILLS AND RESOLUTIONS H.R. 5049: Mr. SABLAN. Mr. SCOTT of Virginia, Ms. CLARKE, Mr. Under clause 7 of rule XII, sponsors H.R. 5054: Mr. FLEMING. PETRI, Mr. MORAN of Virginia, and Mr. RAN- were deleted from public bills and reso- H.R. 5092: Mr. BUYER, Ms. GIFFORDS, Ms. GEL. FALLIN, Mr. CONAWAY, Mr. CHAFFETZ, and H. Res. 1169: Mr. MILLER of Florida, Mr. lutions as follows: Ms. CORRINE BROWN of Florida. BOYD, Ms. CASTOR of Florida, Mr. PUTNAM, H.J. Res. 76: Mr. KILDEE.

VerDate Mar 15 2010 05:40 Sep 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H13MY0.REC H13MY0 mmaher on DSKH9S0YB1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, THURSDAY, MAY 13, 2010 No. 72 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. with two police officers. It was a spe- called to order by the Honorable GILLIBRAND, a Senator from the State of New cialized unit that had been established KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. with the Las Vegas Metropolitan Po- the State of New York. ROBERT C. BYRD, lice Department on drunk drivers. I President pro tempore. learned so much. It was a good experi- PRAYER Mrs. GILLIBRAND thereupon as- ence for me. There were things I simply The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President did not know existed. For example, if fered the following prayer: pro tempore. you see a car with no lights on—it is Let us pray. f nighttime—there is a 50-percent chance Eternal Lord God, the source of our RECOGNITION OF THE MAJORITY that is a drunk driver. If you see a car strength, we acknowledge our depend- LEADER making a wide sweep around a corner ence on You. Direct our Senators in all very slowly, there is a good chance their ways, opening and closing the The ACTING PRESIDENT pro tem- that is a drunk driver. And they have doors of their lives with Your provi- pore. The majority leader is recog- other things they look for. dential wisdom. Watch over their loved nized. As we patrolled the streets, watching ones and deliver them from evil. Equip Mr. REID. Madam President, I sug- for these drunk drivers and responding and strengthen our lawmakers for their gest the absence of a quorum. to calls that came to these police offi- difficult work, as they drink deeply The ACTING PRESIDENT pro tem- cers, I was struck by how openly they from the hidden streams of Your grace. pore. The clerk will call the roll. talked about the dangers they face Lord, give them the courage to stand The assistant legislative clerk pro- every day, having myself been a police up and speak out in defense of truth, as ceeded to call the roll. officer and never talking about dangers You provide them with the ability to Mr. REID. Madam President, I ask because we did not have many. This discern Your will. Fill the wells of unanimous consent that the order for was something that was an eye opener their souls with Your strength and the quorum call be rescinded. for me. For modern day police officers, their intellects with fresh inspiration. The ACTING PRESIDENT pro tem- it is an inherent part of their jobs, but We pray in Your righteous Name. pore. Without objection, it is so or- a part of their families’ lives they will Amen. dered. never get used to—these families. f f Every day, in every city and town around the country, brave men and SCHEDULE PLEDGE OF ALLEGIANCE women—all of whom volunteered to The Honorable KIRSTEN E. Mr. REID. Madam President, fol- serve their communities—put them- GILLIBRAND led the Pledge of Alle- lowing any leader remarks, the Senate selves in danger to protect us—their giance, as follows: will resume consideration of the Wall friends, their neighbors, and so many I pledge allegiance to the Flag of the Street reform legislation. We have they will never even know existed or United States of America, and to the Repub- eight amendments that are pending. meet. They take that risk to give us lic for which it stands, one nation under God, Today we will continue to work peace of mind in our everyday activi- indivisible, with liberty and justice for all. through these amendments to the bill ties. f and Senators should expect rollcall On Police Week, we recognize those APPOINTMENT OF ACTING votes to occur throughout the day. who have made the ultimate sacrifice, PRESIDENT PRO TEMPORE We are having a special caucus those who have given their lives in the today—we Democrats—to talk about line of duty. This evening, they will be The PRESIDING OFFICER. The this issue. The Senate will, therefore, honored at a candlelight vigil not far clerk will please read a communication be in recess from 1 p.m. until 2 p.m. from here. Their names will be added to the Senate from the President pro today. I have had conversations earlier to the National Law Enforcement Offi- tempore (Mr. BYRD). this week with the Republican leader The assistant legislative clerk read cers Memorial. Alongside their fami- about this and other issues, and I will the following letter: lies, we will celebrate their dedication talk to him again before the caucus. and remember their sacrifice. U.S. SENATE, Four of those names belong to Las PRESIDENT PRO TEMPORE, f Vegas policemen who were killed last Washington, DC, May 13, 2010. NATIONAL POLICE WEEK To the Senate: year. This morning, I had the chance to Under the provisions of rule I, paragraph 3, Mr. REID. Madam President, I had meet with their families at an 8:30 of the Standing Rules of the Senate, I hereby the opportunity a few years ago to ride breakfast. They, of course, are some of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S3663

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VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.000 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3664 CONGRESSIONAL RECORD — SENATE May 13, 2010 the strongest Nevadans we could ever Uriah Gregory, a jailer from Virginia Specter modified amendment No. 3776 (to meet and I ever met. Center during its heyday, was killed by amendment No. 3739), to amend section 20 of Officer Daniel Leach was a career two of his prisoners in 1866. the Securities Exchange Act of 1934 to allow corrections officer. He began his shift for a private civil action against a person Arthur St. Clair, a constable and fa- that provides substantial assistance in viola- last November 21 by driving to ther of two, and George Requa, a dep- tion of such Act. Laughlin to pick up prisoners at the uty sheriff, were killed in an ambush in Dodd (for Leahy) amendment No. 3823 (to Tucker Holding Facility. He was going Elko in 1920. They were both killed at amendment No. 3739), to restore the applica- to take them to the Clark County De- the same time. tion of the Federal antitrust laws to the tention Center in Las Vegas. Charles Lewis, another deputy sheriff business of health insurance to protect com- But before he could get to Laughlin— petition and consumers. from Elko, was killed by a thief in 1925. Sessions amendment No. 3832 (to amend- not far from my home in Searchlight— George Washington Cotant, an Elko ment No. 3739), to provide an orderly and he was involved in a vicious two-vehi- constable, died in a car accident in transparent bankruptcy process for non- cle accident and was killed instantly. 1937. bank financial institutions and prohibit bail- Officer Leach was 49 years old. He had Hugh Gallagher, Sr., a deputy sheriff out authority. spent the last 25 years of his life as a from Virginia City, died on duty in Dodd (for Durbin) amendment No. 3989 (to Las Vegas police officer. He is survived 1948. amendment No. 3739), to ensure that the fees by his wife, whom I met this morning, that small businesses and other entities are Ronald Haskell, a narcotics agent in charged for accepting debit cards are reason- two children, his parents, one brother, Carson City, died on duty in 1975. able and proportional to the costs incurred, and one sister. Richard Willson, a sergeant from and to limit payment card networks from Before Trevor Nettleton was an offi- Hawthorne, NV, died after appre- imposing anti-competitive restrictions on cer in the Las Vegas Metropolitan Po- hending a suspect in 1994. small businesses and other entities that ac- lice Department, he proudly held the These men were killed a long time cept payment cards. honored title of United States marine. ago—one almost 150 years ago, when Dodd (for Franken) amendment No. 3991 (to His 9 years in the Marine Corps in- amendment No. 3739), to instruct the Securi- Nevada had been a State for only 2 ties and Exchange Commission to establish a cluded service in the elite Presidential years, but it does not matter the self-regulatory organization to assign credit Guard unit, where he protected Presi- time—and we can never forget their rating agencies to provide initial credit rat- dent George W. Bush. sacrifices. ings. Last November 19—2 days before Offi- Every day we should thank those who The ACTING PRESIDENT pro tem- cer Leach was killed—Officer Nettleton wake up on otherwise unremarkable pore. The Senator from Pennsylvania. was shot and killed by three gang mornings and head out to work with AMENDMENT NO. 3776, AS MODIFIED members who broke into his garage in the job simply to keep us safe. Today Mr. SPECTER. Madam President, I an attempt to rob him and his family. we thank and honor the courageous Ne- have sought recognition to ask cospon- Officer Nettleton was 30 years old. He vadans who, one unforgettable day, sors of the pending amendment who left behind a wife, two young children, never came home. wish to present an argument to come his parents, and a brother. Madam President, will the Chair re- to the floor as early as practical. The Like Officer Nettleton, Officer port the bill. pending amendment involves rein- Milburn Beitel III was also a marine. f stating a civil cause of action against Tragically, he also died as a Las Vegas aiders and abettors. The law, up until police officer at age 30. RESERVATION OF LEADER TIME 1994 with a Supreme Court decision, ‘‘Milli’’—as everyone called him—was The ACTING PRESIDENT pro tem- provided that aiders and abettors were on patrol late one Wednesday night pore. Under the previous order, the liable for damages for those who had last October when a car turned in front leadership time is reserved. been defrauded in securities trans- of him. Officer Beitel swerved to avoid f actions. the other car but was thrown from his We all know the massive problems patrol cruiser and died early the next RESTORING AMERICAN FINANCIAL caused by Wall Street operations with morning. He, of course, was on a call he STABILITY ACT OF 2010 many allegations of fraud. In our effort had received. He is survived by his par- The ACTING PRESIDENT pro tem- to reform Wall Street, this is a very ents and brother. pore. Under the previous order, the important provision. Traditionally, Last Friday marked 1 year since Offi- Senate will resume consideration of S. people who have been injured, lost cer James Manor responded to his last 3217, which the clerk will report. money, as a result of fraud have had a call. It was in the same Las Vegas com- The assistant legislative clerk read civil right of action to go into a civil munity where he grew up. While re- as follows: court. The law had been uniform that sponding to a domestic abuse call, a A bill (S. 3217) to promote the financial under the Securities Act those cases pickup truck driver failed to yield to stability of the United States by improving could be brought. him in his police vehicle—going as fast accountability and transparency in the fi- There have been two Supreme Court as he could to respond to that dispute— nancial system, to end ‘‘too big to fail,’’ to decisions which have modified that, re- the collision occurred, and James protect the American taxpayer by ending quiring this act change the decisions of Manor was killed. bailouts, to protect consumers from abusive the Supreme Court of the United He was known as ‘‘Jamie.’’ He had 10 financial services practices, and for other States—which we have the authority brothers and sisters, and even more purposes. to do: not decided on constitutional whom he considered brothers and sis- Pending: grounds but decided on grounds of stat- ters who served on the police force Reid (for Dodd/Lincoln) amendment No. utory interpretations. So Congress has with him. His siblings, his mother, and 3739, in the nature of a substitute. the plenary power to make that modi- his large extended family will tell his Collins amendment No. 3879 (to amend- fication. young daughter Jay’la—whom I met ment No. 3739), to mandate minimum lever- I have offered the amendment and ar- age and risk-based capital requirements for gued it briefly. We will discuss it fur- this morning; a beautiful little 8-year- insured depository institutions, depository old girl—they will tell her and the rest institution holding companies, and nonbank ther a little later this morning. I of- of the family about who he was. They financial companies that the Council identi- fered it on behalf of Senator REED of will tell Jay’la about how courageous fies for Board of Governors supervision and Rhode Island, Senator KAUFMAN, Sen- her father was, who died at 28 years of as subject to prudential standards. ator DURBIN, Senator HARKIN, Senator age. Brownback modified amendment No. 3789 LEAHY, Senator LEVIN, Senator MENEN- This memorial wall that will bear (to amendment No. 3739), to provide for an DEZ, Senator WHITEHOUSE, Senator these four Nevadans’ names is a living exclusion from the authority of the Bureau FRANKEN, Senator FEINGOLD, and Sen- of Consumer Financial Protection for cer- reminder of some of our most selfless ator MERKLEY, and I want to let all of tain automobile manufacturers. citizens. This year we will also add to Brownback (for Snowe/Pryor) amendment the cosponsors know the matter is now that wall the names of Nevadans whom No. 3883 (to amendment No. 3739), to ensure on the floor, and if they care to support we recognize belatedly—some very be- small business fairness and regulatory trans- the arguments, now would be the time latedly: parency. to come to the floor.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.001 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3665 Madam President, I see other col- in the CONGRESSIONAL RECORD. For the ship and for working together with me leagues waiting for recognition, so I first time, there would be both public and other Senators over a long period yield the floor. accountability and peer pressure on of time. I think he referred to maybe 10 Mr. WYDEN. Madam President, I those trying to keep Senate business years that we have been struggling to note the absence of a quorum. behind closed doors. get to what we are finally getting to The ACTING PRESIDENT pro tem- The bipartisan proposal includes two today. pore. The clerk will call the roll. additional reforms. First, the proposal In the past, we thought we had vic- The assistant legislative clerk pro- eliminates the ability a Senator has tories and they turned out to be hollow ceeded to call the roll. today to lift a hold before the current victories—maybe a little more open- Mr. WYDEN. Madam President, I ask 6-day period expires and never have it ness but largely ineffective. So maybe unanimous consent that the order for disclosed. This has been a huge abuse. now we will finally be able to accom- the quorum call be rescinded. It has allowed a Senator to do business plish an effective openness in the Sen- The ACTING PRESIDENT pro tem- in secret and never have it reported. ate on one of the most powerful tools a pore. Without objection, it is so or- With the new proposal, if a Senator Senator has. dered. places a hold—even for a day, even for I think it gives hope to the fact that Mr. WYDEN. Madam President, I am a minute—that hold is going to be dis- if you are right, eventually right wins going to speak for about 5 minutes on closed. Second, the proposal makes it out, even in the Senate. Long struggle the effort to finally, once and for all, harder for a group of Senators to place does pay. I think we are bringing sim- eliminate secret holds in the Senate. revolving holds on a nomination or a ply common sense to a process in the Senator GRASSLEY, my partner in this bill. I particularly thank Senator Senate. It is, as my friend from Oregon effort for a decade, will also speak. WHITEHOUSE, who has highlighted this said, transparency, and with trans- Then, two colleagues on our side who issue of revolving holds in his past parency we have accountability. are a part of this large, bipartisan coa- comments on the floor. With the 6-day The amendment Senator WYDEN and lition, Senator WHITEHOUSE and Sen- time period, a group of Senators can I have offered would restore the prohi- ator BENNET, and who also have done literally pass a hold from one colleague bition on secret holds the Senate voted very good work along with Senator to another and never have it disclosed. for overwhelmingly in a previous Con- GRASSLEY, Senator INHOFE, and Sen- By requiring all holds to be made pub- gress—the 109th Congress—and make it ator COLLINS, who have been part of a lic, it will be much more difficult to even more robust. As I said, those bipartisan coalition, will take just a find new Senators to place revolving turned out to be largely not very effec- few minutes. holds. tive. Let me also express my appreciation What this comes down to is the ques- At that time, in the 109th Congress, to the chairman of the committee, tion of whether public business ought our measure passed as an amendment Senator DODD, Senator DURBIN, and to actually be done in public. It seems to the ethics reform bill by a vote of 84 others who have been so helpful. to me that if it is important enough for to 13. That bill never became law, but This bipartisan amendment will abol- a Senator to say they are making it a the next Congress passed then what is priority to keep a bill or nomination ish the secret hold in the Senate, referred in the title of the legislation from coming to a vote, that ought to which, in my view, is a violation—an as the Honest Leadership and Open be a public matter and not be some- indefensible violation—of the public’s Government Act. Our provision was thing that is decided in the shadows, right to know. With a secret hold, any also originally included in that bill. away from the public and unaccount- Senator can block a piece of legislation Ironically, as I have alluded to, in a able. or a nomination in secret simply by move that reflected neither honest I thank my colleagues. This has been telling the leader of their party of their leadership nor open government, our desire. This means that one person, part of a bipartisan coalition. No one has put more time into this cause than provisions were altered substantially— without any public disclosure whatso- I might say too substantially—behind my friend from Iowa, Senator GRASS- ever, can keep the American people closed doors, before we had final pas- LEY. I also thank Senator MCCASKILL, from even getting a peek at what is who has prosecuted this cause of ac- sage. public business. countability and openness relentlessly, The current provisions essentially When asked why he robbed banks, say it is OK to keep a hold anonymous along with Senators WARNER, Willie Sutton said: ‘‘That’s where the until 6 days after someone asks unani- WHITEHOUSE, BENNET, INHOFE, and COL- money is.’’ In the Senate, secret holds mous consent to proceed to a bill or a LINS—I could go on. are where the power is. With a secret Finally, there is a desire in the Sen- nominee. I am not going to explain how hold, one of the most powerful tools a ate to eliminate secret holds once and that process works out, but it can be Senator has to affect the lives of our for all. I will close with this. I don’t summed up in the words that it is a people can be exercised anonymously. think that 1 out of 100 people in this very ineffective sort of transparency, In 2007, the Senate sought to elimi- country have any idea what a secret hardly doing any good whatsoever. nate secret holds. Since then, big loop- hold is. Most people probably think it The amendment that is before us holes have been developed to keep too is some kind of hairspray. It is one of says Senators must go public from the much Senate business in the dark, un- the most powerful tools in our democ- moment they place the hold. accountable, and away from the public. racy that is being used to keep what is Perhaps I should take this oppor- This bipartisan amendment closes public business from the eyes of the tunity to address what a hold is all those loopholes. With this bipartisan American people, and it has to change. about. A hold arises out of the right of proposal, every single hold in the Sen- I will yield to my colleagues, Sen- all Senators to withhold their consent ate will have an owner who is public ators GRASSLEY, WHITEHOUSE, and BEN- when unanimous consent is asked. within 2 days. It is an amendment that NET. I thank Chairman DODD and Sen- It goes without saying that any Sen- will be enforced. Here is how it would ator SHELBY for indulging us at this ator has a right to object to a unani- work: If a Senator puts a hold on a bill time. It seems to me that when Sen- mous consent request that the Senator or nomination, they are required to ator DODD has done so much good in does not support because it is not submit a written notice in the CON- terms of arguing for openness and ac- unanimous unless, obviously, we all GRESSIONAL RECORD within 2 days. countability on Wall Street, this is a support it. When that bill or nomination comes to perfect time to say we ought to have In the old days, when Senators con- the floor and any Senator objects to its that in the Senate. That is what we are ducted much of their daily business consideration on the grounds of a hold, going to do on a bipartisan basis today. from their desk on the Senate floor, it one of two things will happen: either I yield the floor. was a simple matter to stand and say, the Senator placing the secret hold will The ACTING PRESIDENT pro tem- ‘‘I object’’ when necessary, and, of have their name publicly released or pore. The Senator from Iowa is recog- course, that Senator was immediately the Senator who objects on their behalf nized. identified. Now, Since most Senators will own that hold, and then that indi- Mr. GRASSLEY. Madam President, I spend so much time off the Senate vidual will have their name published thank Senator WYDEN for his leader- floor in committee hearings, meeting

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.002 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3666 CONGRESSIONAL RECORD — SENATE May 13, 2010 with constituents, and other sorts of It is this policy, with some improve- Durman; his sisters, Monique Wanner, obligations that we have, we have tend- ments—in fact, some very needed im- Michelle Wiesman, and Danielle Hood; ed to rely upon the majority and mi- provements—that we are introducing his brothers, John A. Day and David P. nority leaders to protect our rights and today. It is important the Senate have Durman II; his brother-in-law, Robert prerogatives as individual Senators, the opportunity to speak on this issue Fletcher; and many other family mem- asking them to object on our behalf. as a body. I look forward to this vote bers and friends. Just as any Senator has the right to and finally having a true victory Brandy will always have a fond mem- stand on the Senate floor and say, ‘‘I against secrecy. ory of a recent Christmas when Bryan object,’’ it is perfectly legitimate to I yield the floor. and Brayden received toy dart guns. ask another Senator to object on our The ACTING PRESIDENT pro tem- Father and son spent much of the day behalf if we cannot make it to the floor pore. The Republican leader is recog- playing with their new toys. ‘‘I found when consent is requested. nized. about 50 darts in the Christmas tree,’’ By that same token, it would be ille- NATIONAL POLICE WEEK Brandy says. ‘‘They were in the sink, gitimate, not to mention impossible, Mr. MCCONNELL. Madam President, in the bathtub.’’ for a Senator to stand on the floor and all across the country this week, Amer- The day after Officer Durman’s object anonymously. Senators have no icans will honor the law enforcement death, Lexington police officers wore inherent right to have others object on officers who keep our towns and com- black bands across their badges as a their behalf and keep their identity se- munities safe and pay solemn tribute tribute to their fallen brother. The cret. to those who have lost their lives in bands are also a stark reminder of the If a Senator has a legitimate reason the line of duty. National Police Week hazards of the job each and every peace to object to proceeding to a bill or a is a time to thank all those whose serv- officer in Kentucky and across the nominee, then he or she ought to have ice preserves the rule of law, at great country faces every day. the guts to do so publicly. risk to themselves. The Senate has the deepest admira- I believe this is part of expanding the I wish to pay special tribute to one of tion and respect for police officers in principle of open government. The those heroes today, Officer Bryan J. every community in the Nation. We public’s business ought to be public. Durman. Officer Durman was a 27-year- recognize theirs is both an honorable Lack of transparency in the public pol- old, decorated, Lexington, KY, police job and a dangerous one. We recognize icy process leads to cynicism and dis- officer and a veteran of the U.S. Air they bravely risk their lives for ours. I trust of public officials and, quite hon- Force. He was, tragically, the first Lex- appreciate all they do. And America is estly, less accountability. I maintain that the use of secret ington police officer to die in the line grateful. Madam President, I yield the floor. holds—with emphasis upon the adjec- of duty in over 20 years. The ACTING PRESIDENT pro tem- tive ‘‘secret’’—damages public con- This past April 29, he was responding pore. The Senator from Texas. fidence in the institution of the Sen- to a noise complaint when he was Mr. CORNYN. Madam President, I ate. The public’s business ought to be struck by a car and killed. He leaves know there are a number of Senators done in public, period. behind his wife Brandy and their 4- I have made it my practice to put a year-old son Brayden. on the floor who wish to speak on unre- lated matters. I wish to speak on the statement in the RECORD when I have Bryan Durman went to Paul Lau- placed a hold on a nominee or a bill for rence Dunbar High School in Lex- underlying bill. I believe Senator over a decade. I can tell you that is no ington, where he was on the wrestling WHITEHOUSE and maybe Senator burden whatsoever, and it hasn’t hurt team. After graduation in 2001, he en- MCCASKILL and Senator BENNET wish me in any way whatsoever to let my listed with the Air Force. He rose to to speak on the hold issue. I merely colleagues and the public know—for the rank of staff sergeant and served in ask that we alternate back and forth the last decade—that Senator CHUCK both Operation Enduring Freedom and after the next speaker speaks on what- GRASSLEY had a hold on a bill and why Operation Iraqi Freedom. More impor- ever subject they do and that I then be I had that hold on a bill or nominee. tant, it was while serving in the Air allowed to speak on the underlying bill Our amendment—the one before us— Force that Bryan met Brandy, his wife. and then go back to the other side of would make it crystal clear that holds Bryan’s mother, Margaret Durman, the aisle. are to be public. Senators placing a says that from the time her son was a The ACTING PRESIDENT pro tem- hold must get a statement in the small boy, she knew he would grow up pore. The Senator from Connecticut. RECORD within 2 days, and they must to be a peacemaker. After leaving Air Mr. DODD. Madam President, if I give permission to their leaders at the Force service in July 2007, Bryan re- may make a suggestion to my friend time they place the hold to object in turned to Lexington to keep the peace from Texas, as I understand, my col- their name. here at home and was accepted into the leagues are going to speak 2 or 3 min- Also, if a Senator objects, ostensibly Lexington police academy. utes apiece. So the cumulative time of on behalf of another Senator but re- In his 3 years of service with the Lex- all three Senators will be about 6 or 8 fuses to name the Senator he is object- ington metro police department, Bryan minutes. I know the Senator from ing for and that Senator doesn’t come earned great respect from his col- Texas has a longer statement to make forward within those 2 days, the object- leagues and the community. ‘‘The on Senator SESSIONS’s amendment. ing Senator will be listed as having amount of support that we have re- Mr. CORNYN. I will be glad to defer that hold, owning that hold. ceived speaks volumes about the cal- to them under those circumstances and I wish to make it clear that we do iber of person Bryan was and his char- then ask to be recognized following not come to this lightly. We have tried acter,’’ says his wife Brandy. those 6 or 7 minutes. other paths to accomplish our goal. I For administering lifesaving CPR to Mr. DODD. Madam President, I make said those other paths have turned out a vehicle collision victim and to a that request. to be largely ineffective. woman in medical emergency in two Mr. WYDEN. Will the Senator yield We sought the advice and assistance separate instances, Bryan received the for a question? Again, to save time— of several majority and minority lead- Lifesaving Award and the Exceptional the Senator from Connecticut has been ers over the last decade, and we twice Service Award. His family will be pre- very gracious to allow an opportunity tried informal policies issued jointly sented with those awards as a small re- to do this—Senator WHITEHOUSE, Sen- by the two leaders, in 1999 and 2003, but minder that, as his mother puts it, ator MCCASKILL, and Senator BENNET those turned out to be as flimsy as the Bryan ‘‘died doing something that he are all going to speak. I think that sheet of paper on which they were writ- loved.’’ would allow us to set up time later for ten. During this National Police Week, as the vote, and we would have to for- So working with two former majority we remember our peace officers and mally offer the amendment. Would leaders, Senators Lott and BYRD, we their families, we also remember the that be acceptable to the chairman? crafted the policy I mentioned earlier loved ones Officer Durman leaves be- Mr. DODD. I cannot agree to any- that the Senate adopted by a vote of 84 hind: his wife, Brandy; his son, thing at this point. We can certainly to 13, which was later gutted. Brayden; his mother, Margaret talk with the leadership about that.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.004 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3667 Mr. WYDEN. It is acceptable to the Senators stood up and voted for that his or her hold. All holds should be in leader. does nothing more than put your hold writing, made public for the other 99 of Mr. DODD. I am not in a position to in the plain light of day shows that the us and, most importantly, for the give that consent. That is something 2007 rule, unfortunately, has been inef- American people so they can render that has to go through leadership. fective and that it is time for a change. their own judgment. Let’s get the speeches done so we can I have continuing gratitude for Sen- While I support this amendment, I get back on the bill. ator WYDEN, Senator GRASSLEY, and have legislation that would go even Mr. WYDEN. All right. for all those who have supported us on further. My legislation would not only The ACTING PRESIDENT pro tem- this issue and particularly for Senator end secret holds, as this amendment pore. The Senator from Rhode Island. MCCASKILL for her relentless presence does, but also require that any hold be Mr. WHITEHOUSE. Madam Presi- on the floor, making this actually hap- bipartisan or else it expires after 2 leg- dent, I congratulate Senator WYDEN pen. islative days. All holds, public or pri- and Senator GRASSLEY for their long I yield the floor. vate, would expire in 30 days. At that effort to eliminate the secret holds in The ACTING PRESIDENT pro tem- point, the pending business would be this body. They thought they had suc- pore. The Senator from Colorado. ready to be considered on the Senate ceeded in 2007 with a mechanism that Mr. BENNET. Madam President, I floor. would scrub secret holds and make join my colleagues in support of the ef- The Senate was designed to be the them public after 6 days. But it turns fort Senator WYDEN and Senator greatest deliberative body in the world. out that a number of our colleagues on GRASSLEY have led to end the corrosive Let’s have the debate and put an end to the other side discovered a loophole in practice of secret holds. This is a re- these secretive attempts to prevent de- the rule. Whether it is called the old form that is needed and cannot wait. bate. switcheroo or revolving holds or hold I have been in Washington for only Once again, I thank Senators WYDEN laundering, they found a way to defeat about a year, but it did not take that and GRASSLEY for their leadership and the purpose of a rule that was voted for long to realize our government needs look forward to the passage of this by 84 Members of the Senate on a to fundamentally change the way it amendment. I also wish to recognize strong bipartisan basis. That is why we does business. Coloradans deserve a the great work our colleague from Mis- are back here today. government that works for them. They souri, CLAIRE MCCASKILL, has done I want to also add to the role of are tired of the petty partisanship in bringing this legislation to this point. honor on this subject CLAIRE Washington. They want their elected Madam President, I yield the floor. MCCASKILL, who has done the lion’s officials to listen and address their The ACTING PRESIDENT pro tem- share of the work of shepherding in day-to-day concerns. I cannot think of pore. The Senator from Missouri. some cases 100 stalled nominees block- a worse example of this dysfunction Mrs. MCCASKILL. Madam President, aded on the Executive Calendar than the secret hold. It is undemo- first, let me say how grateful I am to through those 2007 year procedures so cratic, and it is hurting our economy. Senator CORNYN for his patience. I will that we could get to the point of prov- Quite a few of us in the Senate—the try to be very brief because I know he ing that there were, in fact, secret chairman and I—have young daughters, is waiting to address the underlying holds and that despite the rule, hold young kids who are familiar with the bill. laundering was taking place and the ups and downs of a long car ride head- I think everything that needs to be rule was not being put into effect and ing out on vacation. The first hour al- said has been said. I will be interested holds were being kept secret. ways seems to go pretty well, full of in this vote because there is a group of I suppose an asterisk on the role of excitement about where everybody is people right now who voted for a rule honor should go to Senator COBURN, headed. But it is not long before that that simply said: You have to disclose who is the one Senator on the Repub- excitement turns to restlessness and your secret holds if a certain procedure lican side who had the courage to stand that restlessness turns to secretly takes place. There are a bunch of peo- up and disclose his actual holds. Every- doing everything they can to bother ple who voted for that who are not body else went to some other Senator their siblings just for the sake of doing doing it. I do not know how that com- and said: I don’t want my name on this. it. And every time you turn around, putes in the mind of a U.S. Senator. I Would you please take my hold over so they stop and smile and claim their in- do not know how you vote for a rule I can avoid the rule, keep my hold, and nocence. that requires you to disclose and then have no accountability. It never occurred to me that experi- you knowingly continue to keep a hold Perhaps there once was a reason for a ence would actually prepare me to secret. secret hold, for this kind of business to come to the Senate. Countless nomina- I had a colleague tell me the other be done in the dark, in the shadows, tions and important legislation make day they had talked with a colleague and anonymously. I think history and their way to the floor. Senators make across the aisle about a couple of common sense tell us that deeds that speeches about the importance of doing judges they desperately wanted to get are done in the dark are not usually the country’s business, appearing moti- released from the land of secret holds. ones of which we are proud. Certainly, vated to get the job done, to get the This colleague visited with a Repub- the experience of the last few months American people’s work done. But lican about it, and the Republican told has shown that if there ever was a le- when the cameras are off, they use the her: The leader says he has to get gitimate use for secret holds, that pur- secret hold to bring this progress to a something for it. You have to get pose has evaporated. It has evaporated stop. something for it? Have we come to under the pressure of blocked nominees Since I have been here, I have seen that, that you get to hold on to some- numbering, in some cases, over 100—a nominees and bipartisan legislation one whose life is in limbo to be a U.S. systematic approach, a systematic at- held up for weeks, only to pass with 97 district judge until you get something tempt to disable this administration’s or 98 votes, all to score political points for it? That is not the way the Amer- ability to govern by systematically op- and waste the American people’s time ican people want us to operate around posing nominees, irrespective of the and the American people’s money. here. merits; opposing nominees who came Earlier this year, we spent months I know Senator GRASSLEY and Sen- out of committee in a bipartisan fash- working to reform health care. We ator WYDEN have toiled in this field for ion; opposing nominees who came out have spent a lot of time under the a long time. I appreciate their efforts. of committee with zero opposing votes; chairman’s leadership trying to fix I thank all my colleagues who have with Senators raising objections to Wall Street. It is past time we fix the been helpful in us bringing this to the nominees they voted for in committee. way Washington works as well. attention of the American people. We There is clearly something more going Congress must stop living under a now have 60 Senators who have signed on than a sincere concern about an in- glass dome. The Wyden-Grassley a letter saying they will never engage dividual nominee. amendment is simple. It requires any in secret holds and they want them Finally, this effort to what I call Senator seeking to hold up the Na- completely abolished. The Wyden- hold launder and to avoid the rule 84 tion’s business to publicly announce Grassley approach is almost as good as

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If we thority—represents something that think we have to get to 67 names on empower the Federal Deposit Insurance will provide for more government that letter. Corporation now to take on this new intervention in the private sector with- The American people have to rise role as megaregulator in the resolution out making sure ‘‘too big to fail’ comes with their pitch forks, the way they authority, it literally is going to have to an end. are in so many other ways, and say: to run these businesses—something AMENDMENT NO. 3832 Enough already. Stop this incredibly they are not prepared to do, something I want to talk specifically about the bad habit of thinking you can hold up they have never done before. It will ac- Sessions amendment, as I said, because nominations just because you feel like tually encourage management at the the Sessions amendment restores the it and never have to own it. institutions that are subject to this rule of law to the resolution authority I encourage everyone to vote for the new expanded authority of the FDIC to that would be granted under this bill. Wyden-Grassley amendment. I appre- foster stronger relationships with the Under American bankruptcy law, we ciate Senator CORNYN’s patience with regulators, further entangling the gov- have an adversarial process. We have us this morning. I look forward to a ernment with the fabric of the U.S. pri- judges who are independent, we have a vote on this amendment. I really want vate sector. requirement that when you walk into to find out who is secretly holding This underlying legislation creates a bankruptcy court you actually have to right now, who votes for this amend- resolution scheme for large complex fi- swear under oath, under the penalty of ment, and how they reconcile those nancial institutions that allows the perjury, that what you are saying is two things. FDIC to serve in multiple capacities at the truth, the whole truth, and nothing The ACTING PRESIDENT pro tem- once—as corporate management, as but the truth, so help you God. pore. The Senator from Texas. I don’t know why we should allow creditor to the corporation, and referee Mr. CORNYN. Madam President, I these big financial institutions that of the liquidation process. There is no want to speak on the underlying bill, are covered by the resolution authority question that in the underlying bill particularly on the Sessions amend- under the underlying bill a special set ment to the bill, but let me just pre- there are going to be enormous con- of rules. Why shouldn’t they be forced cede that with some more general com- flicts of interest on the part of the gov- to operate under the same rules—bank- ments. ernment agency itself when it is re- ruptcy rules—that apply to every busi- I was very concerned when I read in quired to wear this many hats at the ness that gets into financial trouble all the most recent publication of Na- same time. across America today? Many scholars tional Affairs comments from the in- The underlying bill also provides the and policy analysts have argued con- spector general of TARP—appointed to government—and here specifically the vincingly that bankruptcy reform oversee that program that has now got- FDIC—the authority to discriminate would be the most effective action Con- ten completely out of control. More to among creditors of the same class. All gress could take to protect against fu- the point, he says what has happened we have to do is look at what happened ture financial panics and bailouts. since September of 2008 is that we have when the Federal Government took There is one note I would make of seen further consolidation of the bank- over General Motors, where we saw the the Lehman Brothers bankruptcy. As ing industry. Actually, he has said government’s $15 billion gift to labor the Chair and my colleagues know, what has happened is that things have unions to the disadvantage of the bond there was a voluminous report written actually gotten worse as a result of the holders. This is the same sort of abuse by the court-appointed examiner who several mergers that have actually that is propagated and continued in the dissected the Lehman Brothers bank- made banks larger. The implicit guar- underlying resolution authority in the ruptcy for reasons why Lehman Broth- antee of moral hazard that we are not bill which needs to be fixed. It needs to ers failed. This is a 2,209-page exam- going to let these large institutions be changed. iner’s report which documents account- fail has contributed to them engaging This underlying legislation also ing gimmicks that were used to hide in more and more risky conduct. forces companies that are financially the extent of Lehman’s indebtedness, The problem with too big to fail and sound and that have done nothing which was not even known to the Secu- these large institutions, particularly wrong to contribute to a fund to bail rities and Exchange Commission be- large banks with assets of over $100 bil- out organizations and institutions—I cause the Securities and Exchange lion, is that they can actually borrow should say companies—that have been Commission took the position it didn’t money cheaper than community banks irresponsible and done exactly the have jurisdiction to do this very sort of in Texas or New York or Connecticut wrong thing. regulation and very sort of oversight or elsewhere, and they actually rep- I must say I really wonder why we that might have detected and pre- resent a $34 billion subsidy to the larg- are rushing through this legislation so vented the meltdown of Lehman Broth- est 18 banks in America because this fast when the very commission that ers and all across Wall Street. bill does nothing to eliminate the con- Congress has created to report back to Amazingly, Richard Fuld, chief exec- cept of too big to fail. Indeed, in many us—the Financial Crisis Inquiry Com- utive of Lehman Brothers, when he was ways, it makes it worse. It institu- mission—is not supposed to report confronted with the examiner’s report tionalizes the concept. until December. So in the very com- documenting the various maneuvers, I want to address specifically the pro- plex and complicated area such as fi- including one known as Repo 105 trans- visions in the Dodd bill—the under- nancial regulatory reform, we are actions, said he had no knowledge of lying bill—which have to do with how going to be denied the very report that the accounting maneuvers that were we deal with these large financial insti- Congress commissioned, which is due used to take some of the financial obli- tutions if they get into trouble. The in December, that will tell us, hope- gations of Lehman Brothers off its underlying bill empowers the Federal fully, how to get this done and get it books. Deposit Insurance Corporation—which done right. So I would ask my colleagues: Don’t previously has had no experience deal- I think it is a terrible mistake for us we want this sort of transparency and ing with investment banks or other to give the FDIC this incredible au- accountability that comes only out of companies that engage in financial thority and discretion which will just a bankruptcy-type resolution author- transactions, other than depository alter the relationship again between ity? Don’t we want that kind of infor- banks—to seize a vast range of finan- the private sector and government. We mation so we can hold the people who cial companies based on nothing more have seen a tendency over the last year were responsible for these huge melt- than their impression that the institu- and a half to grow government and to downs of our financial system account- tion is in ‘‘danger of default.’’ basically burden the private sector in able? I would say we must insist on

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.007 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3669 that kind of accountability. Unfortu- Madam President, I yield the floor. would have allowed them to restruc- nately, under the authority given to The ACTING PRESIDENT pro tem- ture their firms and would have pro- the FDIC to conduct this resolution in pore. The Senator from Nevada. tected the employees of these auto- the Dodd bill, there will be no sort of Mr. ENSIGN. Madam President, we makers by keeping politics out of the report by court-appointed examiners are venturing down a dangerous path process by eliminating the need for an such as the one that exposed Lehman that threatens to put the economic fu- auto czar. Unfortunately, the govern- Brothers’ accounting gimmicks and the ture of our country in jeopardy. When ment stepped in and, with the excep- complete abdication of responsibility the housing market collapsed, the gov- tion of Ford, decided to bail them out. of the chief executive officer for not ernment stepped in with a blank check I thought this was wrong at that time, knowing what kind of accounting to bail out the Nation’s largest mort- and I still believe this was the wrong transactions were taking place and gage giants—Fannie Mae and Freddie thing to do. which hid a lot of their liabilities not Mac. When the automakers started to While we cannot erase the decisions only from him but also from exam- feel the pinch of a downward economic of the past that led to the bailouts of iners. We would not have that kind of turn, again the government stepped in, the automakers, Fannie and Freddie information. taxpayer money in hand, and bailed and the financial firms, we can correct That is another reason I believe them out. When the giants of the finan- course to ensure that the American bankruptcy provides a far superior way cial market started to see their bank taxpayers get off the hook for bailing of handling this resolution rather than accounts drop below zero, again the out these industries in the future by giving the FDIC—a sort of FDIC on U.S. Government stepped in to bail forcing them to file bankruptcy, should steroids—the power to make these de- them out, allowing them to sidestep they mismanage their finances again in cisions without the kind of trans- the pain of their financial mismanage- the future. parency and accountability we need. ment—pain that was then passed on to The reality is, when Americans mis- Recently, in the Wall Street Journal, hard-working Americans, many of manage their funds or are unable to a couple of professors wrote: whom are barely scraping by during stay afloat under mounting debt, they If there were a silver bullet in financial re- these difficult economic times. file bankruptcy. I am sure many would form, legislation would have been enacted a The pain was certainly not felt by rather have the government step in and long time ago. There isn’t, but removing the the managers of these institutions special treatment of derivatives in bank- pay off their debt, but this is simply an ruptcy comes close. It could provide the when they received exorbitant bonuses, unsustainable option. basis for a sensible compromise on deriva- despite their bad performance. The same argument can be made for tives regulation while also addressing the This country has witnessed bailout bailouts of financial firms. Bailout bailout problem. after bailout after bailout. Yet not one after bailout footed by the taxpayers That is exactly what the Sessions piece of legislation has passed this will force our already debt-laden coun- amendment does. With a small tweak body that would establish protections try into further debt that we cannot af- of bankruptcy law, we could assure for taxpayers to ensure that we do not ford to crawl out from under. We are that everyone is going to have to play remain on the hook for bailing out already rapidly approaching this re- by the same rules, and when any finan- these institutions every single time ality. These bailouts do not incentivize cial institution goes bankrupt the they mismanage themselves. these institutions to minimize their automatic stay, which protects the Unfortunately, this financial reform risks. Instead, they go as far as to pri- court’s jurisdiction to be able to sort bill that we have before us continues vatize the profits while socializing the out the creditors and debtors, can be this trend. Last week, I offered an risks of their losses. used in an appropriate way to deal with amendment that would have restricted The amendment offered by Senator derivatives contracts. Currently, de- the size of Fannie Mae and Freddie Mac SESSIONS offers hard-working Ameri- rivatives contracts are exempted from so they would not continue to be too cans a reprieve from footing another fi- the automatic stay, which creates a big to fail. My amendment was de- nancial sector bailout. But he also dis- very dangerous risk of a run on the feated, largely along party lines. courages these companies from con- bankrupt entity’s derivatives book. Senator MCCAIN offered an amend- tinuing the irresponsible practices that This could lead to a cascade effect, ex- ment this week that would have re- got them into trouble in the first place. acerbating systemic risk. The Sessions duced the size of Fannie and Freddie, Under the financial bill we are cur- amendments provides for timely court while moving to let them stand on rently debating, the government will supervision over any stay on deriva- their own so the government gets out continue to pick winners and losers tives contracts. Other than that, the of the business of subsidizing mort- and the taxpayer will continue to foot Bankruptcy Code would apply as it gages. Again, his amendment was de- the bill, unless we adopt the amend- does every day in bankruptcy courts feated, largely along party lines. ment offered by Senator SESSIONS. This across this country involving busi- Today, we have another chance to amendment would make these compa- nesses both large and small. listen to the American people and to nies utilize an enhanced bankruptcy So I think the Sessions amendment stop the bailouts of these mismanaged process, which would ensure that the provides much more transparency, corporations. The amendment offered costs are covered by the financial insti- much greater accountability, much by Senator SESSIONS, of which I am a tutions and their creditors, not the more certainty, and certainly helps re- cosponsor, will do this by taking away taxpayer. store the rule of law to an otherwise the bailout option, to, instead, force The amendment creates a new chap- discretionary authority over a Federal these companies to declare bank- ter 14 in the Bankruptcy Code that will agency that has never exercised this ruptcy. This amendment will produce a utilize many of the tenets in chapter 11 kind of authority before, one that has clear set of rules which will create cer- reorganization bankruptcy but will be the very real danger of perpetuating tainty in the marketplace, rather than for the specific use of the big financial the kind of picking of winners and los- continuing the precedents set during institutions. This addition to the ers that we saw in the GM bankruptcy the crisis where the government was Bankruptcy Code creates a new path- where the bondholders, who were sup- allowed to pick winners and losers. way to limit the cascading spread of posed to be among the most secure This is not the first time I fought risk and panic throughout the financial creditors, if not the most secure, were against these bailouts. In 2008, when we system and ensures the more orderly forced to take a significant loss in were debating the bailout of the auto- wind down of these financial institu- favor of unions, which happened to be makers, I offered an amendment, along tions insulated from bailouts and polit- more active players in the political with Senator SHELBY, that would have ical influence. process. required the big three to file Chapter 11 The amendment offered by Senator So I would urge my colleagues to bankruptcy. At that time, I argued SESSIONS delivers much needed trans- support the Sessions amendment, that this was the best way to ensure parency, accountability, stability, and which makes bankruptcy a preferable the automakers would emerge in the due process through the use of bank- alternative to dealing with future fail- future as successful companies. I still ruptcy courts and the expertise that we ures of financial institutions. believe that. Chapter 11 bankruptcy have in bankruptcy courts. Further, to

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This amendment guarantees proof, criminal culpability, to put United States was considering taking real reform that will result in real sta- somebody in jail than it is to establish the Stoneridge case, I wrote President bility. a claim for monetary damages. But Bush a letter, on August 3, 2007, urging This is what the American people are that is where we find the law and we him to allow the Solicitor General to asking us to do. They are asking us to find people in urgent need of this kind respond to the request of the Securities make sure they are not the ones re- of standing to recover their damages and Exchange Commission for the So- sponsible for bailing out these finan- but also to have this procedure serve as licitor General to argue the case. The cial giants that make poor decisions. a deterrent to Wall Street fraud. Solicitor General was precluded from The American people are working hard The issue was succinctly summarized doing so. Stoneridge came down with a to weather through these tough eco- by a distinguished Federal judge, Judge very restrictive holding that the people nomic times, and we owe them much Gerald Lynch, in a case captioned In re responsible had to make direct rep- more than legislation that will con- Refco Litigation, 609 F. Supp. 2d 304 resentations to the person buying or tinue to allow the government to pick (S.D.N.Y. 2009), to this effect: selling the securities—which is an un- winners and losers and will allow too It is perhaps dismaying that participants realistic and unreasonable standard. It big to fail to continue. in a fraudulent scheme who may even have backed up the prior decision of the Su- I hope we adopt the Sessions amend- committed criminal acts are not answerable preme Court in 1994, in Central Bank of ment. Unfortunately, almost every in damages to the victims of fraud. . . . Denver, which eliminated aiders and good amendment that has been offered There are accomplices and there are accom- abettors from responsibility. to this Wall Street bill has been de- plices: after all, in the criminal context, This is a very important bill. I did feated, largely along party lines. This when the Godfather orders a hit, he is only an accomplice to murder—one who ‘‘coun- compliment the distinguished chair- is an amendment that will actually man for his very effective work on it. stop too big to fail. It is a responsible sels, commands, induces or procures’’ but he is nonetheless liable as a principal for the I do believe it is fair and accurate to amendment. It is my hope that we will commission of the crime. Likewise, some say this is one of the most important finally adopt a good amendment to this civil accomplices are deeply and indispen- provisions of this bill. bill. sably implicated in wrongful conduct. I thank the Chair and yield the floor. I yield the floor and I suggest the ab- So that you have aiders and abettors. The ACTING PRESIDENT pro tem- sence of a quorum. There have to be people who are par- pore. The Senator from North Dakota. The ACTING PRESIDENT pro tem- ticipants in the fraud. It simply is not Mr. DORGAN. Madam President, I pore. The clerk will call the roll. wanted to note during this discussion The bill clerk proceeded to call the a one-person operation. Yesterday, I some commentary this week about roll. put into the RECORD the impact of Mr. SPECTER. Mr. President, I ask these civil suits in financial recoveries something that is quite extraordinary. unanimous consent the order for the compared to the lesser amounts which We saw news reports this week about a quorum call be rescinded. can be collected by the SEC. Illus- perfect game that was pitched in the The ACTING PRESIDENT pro tem- trative of that were two cases—Enron, Major Leagues recently by a pitcher pore. Without objection, it is so or- where the SEC recovered $450 million from the Oakland Athletics named dered. and the private litigants recovered $7.3 Braden. In all of the history of base- AMENDMENT NO. 3776 billion—14, 15 times more. In the ball, it was the 19th perfect game ever Mr. SPECTER. Madam President, I WorldCom case, the SEC recovered $750 pitched. But it is not the only perfect have sought recognition to comment million, the private litigants recovered thing that has happened recently. further about the pending amendment $6.85 billion. So there is an enormous We have news reports now that the to make tortfeasors, under the Securi- difference. four biggest banks in America have ties Act, liable for civil damages; that This is a subject I have had a deep scored a perfect 61-day run, never hav- is, people who engage in fraudulent concern about going back to my law ing lost money in 61 days. That is like conduct. We have a deep recession. Mil- school days, when I wrote a comment a perfect game, batting 1,000. It is all of lions of people have lost their jobs. for the Yale Law Journal on the sub- those things. There were enormous financial losses. ject, about the importance of private How is it that the four largest banks There were many contentions of fraud- prosecutions. Private actions have in the country could, for the first quar- ulent practices being responsible for been very important—treble damages ter of the year, make money every sin- that conduct. In this act, we are seek- under our antitrust laws, very impor- gle day? Is the system rigged? A col- ing to reform Wall Street. tant under our securities laws. umnist named Jonathan Well pointed The practice had been, the law had In 1995, we restricted the scope of dis- out that if you managed a highly lever- been, for decades, under the Securities covery. I urged the President, at that aged, diversified investment fund and Act, someone who was cheated, de- time, to veto the bill. have become so skilled at it that you frauded by people who practice under Just a very brief personal story. I had a 70-percent probability of winning the Securities Act could sue them. was in my condo one night at about on any given trading day, the prospect That would involve those aiders and 10:30, quarter of 11, I got a call from the of your winning 63 times in a row abettors and people in the chain be- White House. The President came on would be about 1.75 billion. Even if you yond the principal would be respon- the line and said: Do you have a few had a 95-percent chance of winning sible. I have offered an amendment on minutes to let me read to you my veto every day because you were so skilled behalf of myself and Senators REED, message? Well, I had more than a few at picking all of the right investments, KAUFMAN, DURBIN, HARKIN, LEAHY, minutes. I was very interested in the you would have about a 3.9-percent LEVIN, MENENDEZ, WHITEHOUSE, President’s veto message. chance of doing it on 63 straight trad- FRANKEN, FEINGOLD, and MERKLEY to But the law, nonetheless, notwith- ing days. And yet four of the largest reinstate the law prior to what it had standing the veto, the law was modi- banks in America, Goldman Sachs, been prior to the decision of the Su- fied. JPMorgan Chase, Bank of America and preme Court. The Supreme Court has There is other litigation pending to Citi, scored a perfect game. held that aiders and abettors are not open the scope of pleading. Federal How did that happen? Does it happen liable and that there is a requirement Rules of Civil Procedure have tradi- because the Federal Reserve Board that the defendant must have made the tionally been what we call notice loans them money at near-zero interest representation directly to the person pleading; that is, put the defendants on rate, and then they invest in 10-year buying or selling the securities, which notice as to the claim. Then, under the Treasuries at 3.8 percent? That is how is a sharp reversal from what the law discovery proceedings, the party is you make profits every single day. Is had been. then entitled to probe into the records that a rigged game? Can everyone do

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.010 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3671 that? If everyone can do that, I have raising much concern among anybody My concern is that we end up with got a sure-fire way here for everybody these days, that all of this is hap- sort of this flood. Then everyone comes to make money. You get to borrow pening. I think it is scandalous. It over, why not give everyone else the from the Federal Reserve Board for seems to me worth mentioning the same courtesy along the way. If we do, near nothing, and then you can invest only perfect game that is going on then we end up potentially with chaos, it in 3.8-percent 10-year Treasury around here was not by a pitcher on what happens to be a pretty good notes. named Braden, but it is by some of the bill, I think at this juncture. More It is interesting this relates to some- biggest financial institutions in the work needs to be done, I will be the thing else we have been trying to do for country that are not only fully recov- first to acknowledge and admit that. a while. We have been trying to get in- ered but have guaranteed income op- But there is no guarantee that because formation about how much money the portunities every single day, every sin- we are in a good spot right now and Federal Reserve Board is lending those gle day, while a lot of the American heading, I think, toward a good conclu- investment banks and the biggest people are trying to figure out, how am sion of this bill—there are those who banks in America. How much money is I going to pay the rent? How am I frankly would like to see it lose. I the Federal Reserve Board giving them going to find another job? know that. There are thousands of lob- and at what rate? We know it is at a I had come to the floor because I byists who have been hired to oppose near-zero rate, but we do not know how want to indulge—I should not say in- this piece of legislation, the underlying much and to whom. dulge. I wonder if the Senator from bill that is before us. They are here in The Federal Reserve Board has now Connecticut will indulge me for a mo- town and will use every mechanism been told by two Federal courts, you ment. I have spoken to the Senator, and vehicle available to them to throw have a responsibility to tell the Amer- and I recognize that doing what he is this off track. They are very smart. ican people and the Congress who got doing is perhaps a cross between a mi- They do not just get paid well, they are your money and what the terms were graine headache and a root canal. This bright, and they know how to do this. and how much. The Federal Reserve is tough business out here hour after Many of them, in fact, worked up in Board has said, we do not intend to tell hour after hour and day after day. these buildings for years. So they know I respect that. I was on the floor with everybody. They have now appealed it how the place operates. They know a a piece of legislation last year that consent to bring up an amendment is, to a third Federal court. took forever and it did try my pa- I have led the effort in letters to the lay it aside, and pending, and they tience. So kudos to my colleague from Fed Chairman saying, you have a re- know what unanimous consent means Connecticut. I respect the difficult job sponsibility here. But now this latest in this body. Any one Member here can he has. object. evidence tells us how this game is I have had an amendment, along with played. Isn’t it interesting, and isn’t it So it does add difficulties to the man- Senator KAUFMAN, Senators LEVIN, agement of the bill to have an unlim- pathetic, that at a time when so many CANTWELL, FEINGOLD, SANDERS, and so people wake up in the morning jobless, ited amount of amendments brought up on, a Dorgan amendment No. 4008. I and pending, of which you then try to so many people are still losing money would ask the courtesy of being able to on their homes, on their assets, losing go through and orchestrate an outcome set aside the pending amendment and here that gets us to a reasonable con- hope and losing confidence in the fu- call up this amendment. I do not in- ture of this economy, that at the very clusion where people are given an op- tend to proceed with it, I just want to portunity to debate their amendments. top of the heap, some of the same firms get it pending. I would proceed with de- So, again, I know what I am in for that caused the problem that threw bate at any time that is convenient. I once this starts. We run the risk, I will this country into the deepest recession do not want to inconvenience the Sen- say—I am very blunt on the RECORD. If since the Great Depression now an- ator and the schedules he has. But I we start this process, which I am fear- nounce they are pitching a perfect wish to ask if he would give me the op- ful will be the case, we run the risk of game every single day. They are bat- portunity to at least call it up, get it losing this bill. That is the reality. ting 1,000 and pitching perfect games. pending, and then we will proceed at a This is not hyperbole. I have been here Why? It appears to me that it is not pace and at a time that would be con- for 30 years, and I have watched what about lending money to help restore venient to the manager of the bill. can happen. When you have got this America and help firms that want to Mr. DODD. Let me say first, I appre- many opponents, the opponents of this expand by providing capital. It appears ciate my colleague from North Dako- bill who are determined to throw this to me that their reports suggest they ta’s inquiry. All I am trying to do in bill off track, to stop too big to fail, are once again back doing the same this—and, again, everyone can do that. consumer protection, from getting the things they used to do, except this I suppose there are about 60 amend- kind of sunlight on derivatives, all of time they understand that they cannot ments, and if we can have everyone’s those issues, including what my col- fail. amendment called up, we end up with league from North Dakota wishes to They borrow money from the Fed at 60 amendments pending around the achieve, there are people who will use near-zero interest rates, and invest it place. It adds to the difficulty of sort- every means available to destroy this in Fed 10-year notes at 3.8 percent. ing it out, because obviously it takes piece of legislation. That is about as close to guaranteed consent to withdraw amendments, to We only have a couple of days left, income as you can get. But it is not modify amendments, do all sorts of maybe, and then we are going to move guaranteed income for all of the Amer- things. So while it seems harmless on to other bills. I urge my colleagues ican people, it is just for the folks at enough to do so, it complicates the job, here—Senator SHELBY and I are doing the very top of the chain, the biggest which is to sequence events, because our best to try and accommodate all of financial firms. obviously then it takes consent to do our colleagues. We have had no tabling Again, let my say as I do every time different things, at which point, for all motions, we have had no filibusters on I come to the floor, I don’t have a grief sorts of different reasons, people can this bill, we have dealt with literally I against the biggest financial firms. We have motivations on why not to give do not know many amendments, I need big financial firms. But we do not consent, including people who may op- think some 20 or 30 amendments al- need them too big to fail. And we cer- pose the amendment, for reasons they ready. So we are moving through it and tainly do not need to be feeding them want the amendment pending. So I will we are getting to everyone who is with a strategy that says, I tell you be very candid with my friend from along the way. what; we will give you a deal no other North Dakota, it complicates my job. So, again, if my colleagues want to American has. You get to go to a win- But, obviously, I do not want to cause go this route, I understand it, but I dow at the Fed, get money for almost anyone discomfort in the process. They would be less than honest if I said, does nothing, and then invest it back in Fed all have amendments they want to it help or hurt the effort. Candidly, bonds and pay 3.8 percent. We will give bring up, and my job here is to try and having everyone come over and de- you a guaranteed annual income. orchestrate in a way so that amend- manding they be in line hurts. I just wanted to make note. It is too ments can be brought up, be discussed Mr. DORGAN. Madam President, let often little known, and it is seldom and debated. me say, my purpose here is not to add

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We can- quest, and I am trying to deal with agree there are times when there is a not have 100 managers for this bill. The these requests as they come forward straw that breaks the camel’s back. I chairman has done a lot of work to and put it together in a way that al- also think this camel can carry a bit bring the bill to the floor. lows us to go forward. more. What I wish is, I think the Sen- On the other hand, this issue is not We will vote shortly on the Sessions ator from Connecticut would agree some ordinary issue. The country will amendment, a Franken amendment. that I have been to this floor a fair live with the consequences of this bill Senator DURBIN has an amendment I number of times, spoken with some perhaps for a decade, perhaps more, would like to have called up. Trying to passion and some vigor on things that perhaps less than a decade if we do not get time agreements is the art of man- I care a lot about. It is not as though do the right things and we suffer an- agement of legislation. I do not want I came out of a closet someplace here other economic near collapse. We will to deprive anyone of offering an in the cloakroom and started talking have another bill on the floor for those amendment. But at some point—what about the issue that I intend to offer who are here in 2 years or 5 years. is the point of having someone sit in an amendment. What I want is financial reform to be this chair if we just all come over and What I wish to do, with the consent done, done well, done right. I was going offer amendments and get in line some- of the Senator from Connecticut, is ask to say to the Senator from Con- how and then we have 60 amendments? unanimous consent that the pending necticut, the amendment I have offered Taking unanimous consent at some amendment be set aside and to call up is an amendment that I think is very point to drop that creates a problem in amendment No. 4008. important. terms of managerial capacity. The ACTING PRESIDENT pro tem- I don’t have any idea whether we My colleague will get, to the best of pore. Is there objection? have the votes for it. But I do think it my ability, a chance to have his Mr. DODD. Reserving the right to ob- is one of those pieces that is essential— amendment come up and, hopefully, an ject, I will make the case again. There critical, in fact—in order to address fi- adequate amount of time to debate it. are unlimited Members who wish to be nancial difficulties going forward. If we I respectfully ask him to give me a in line. I understand that. I warn my don’t pierce this unbelievable building chance so I don’t end up opening the colleagues, no amendment, in my view, bubble of speculation that has caused a door to the next Senator making a is more important than the underlying significant part of our problem, then similar passionate request. At some bill. Understand that if we go this we will not have addressed the real point we have to put a stop to this so route, and I end up with every Member issues of financial reform. The issue of I can manage the bill and go forward. coming over and making that request— what are called naked credit default That is all I am saying. Mr. DORGAN. I am not unsympa- and there are many more who want to swaps, those are newly created instru- thetic to what the Senator is doing. It do that here—once this starts, then my ments by which people make wagers is the case that I, certainly as one Sen- with one another with no insurable in- ability to get us to the conclusion of a ator, see amendments being offered good bill is at risk. So I am going to terest on any side of the security. If we again and again by Senators from the object. don’t put a dagger in the heart of that Banking Committee, and they had a The ACTING PRESIDENT pro tem- kind of activity—and that is not shut- pretty good shot at this for a good long pore. Objection is heard. ting down, as my colleague from Geor- while before it came to the floor. Those Mr. DORGAN. Let me say that unfor- gia said yesterday, the use of credit de- of us who don’t serve on that com- tunately when I, last evening, saw the fault swaps. It is shutting down one mittee just want an opportunity to get note on the desk in front of us that portion of them, the largest portion amendments pending and up and so on. said ‘‘no further rollcall votes’’ I had that is just a flatout gambling device. Mr. DODD. The next three amend- another event, and so I left the Cham- I hope we can address these issues. I ments—those of Senators DURBIN, ber, because there were no further think I have been respectful to the SPECTER, and FRANKEN—are not offered votes, and I went to the other event. chairman of the committee. I say to by members of the committee. I discovered later that even as I was the chairman if I am allowed to set Mr. DORGAN. I am speaking about leaving the Chamber, I understood that this amendment aside and offer amend- amendments that have been offered. If there were three amendments at that ment No. 4008, I will certainly be will- the Senator objects, he has the right, point made in order. There were, I be- ing to have a reasonably short time pe- but I will be back. If I am in the next lieve, two Republican amendments and riod for debate. That kind of coopera- tranche the Senator from Connecticut one Democratic amendment that were tion is also important in the construct announces, that is fine. I will be able to noticed, and I think the chairman indi- of trying to get this bill done. It is an offer an amendment. But between now cated they would be the next amend- amendment that should have a and then, I guess I would like to under- ments. That is the basis on which I left lengthier debate. stand how the system is going to work this Chamber. When I left the floor yesterday, the because I will continue to come and When I came back this morning, I un- Senator from Georgia had an amend- ask consent to offer this amendment. derstand that a fair number of other ment. I think it was 21⁄2 hours later Then when we do debate it, I will have amendments had been called up, the that we had a vote. This amendment is a real debate. This is the heart and pending amendment had been set aside, much more consequential than that. I soul of trying to shut down a system and other amendments had been called am willing, if we can at least get it that creates unbelievable speculation up. I do not know how many. I think pending, when the Senator from Con- in the economy and poses great danger. four or six amendments, perhaps, be- necticut believes it is appropriate to I might point out, we should not al- yond the three. I was unaware that op- debate it, to engage in an agreement on ways assume that we are in safe terri- portunities such as that would have ex- a short timeframe. tory on all of these issues. Colleagues isted last evening. I think as one Mem- Mr. DODD. Madam President, let me probably saw the news this morning. ber of the Senate who has spent a con- say to my colleague, I have any num- Last month’s Federal budget deficit is siderable amount of time on this floor ber of colleagues who would like to be $83 billion. Take a look at what the on this issue, had I been aware last doing the same thing. All of them be- trade deficit is. As I mentioned, in the evening that the gate was open a bit to lieve strongly in their amendments. I midst of all this, the biggest financial be able to get an amendment pending am not arguing about the substance of institutions in the country are batting that I have talked about many times the amendment. At the conclusion of a thousand. Every single day they on this floor, I would have been here last evening, we tried to establish a se- make a profit with what I think looks last evening. quence. I have no problem putting my like a rigged system.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.028 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3673 This bill is very important. I want country and decide which company is There is a staggering conflict of in- the Senator from Connecticut to suc- too big to fail, has to be treated dif- terest affecting the credit rating indus- ceed. If we don’t pass a financial re- ferently, while this company goes try. The way it works now, issuers of form bill, the American people have a through a traditional bankruptcy proc- securities are paying for the credit rat- right to look at the Congress and say: ess—that puts us right back where we ings. They shop around for their rat- What on Earth are you there for? What are now, where people in the govern- ings, selecting those agencies that tend are you doing? But not just any bill, a ment can arbitrarily take taxpayer to offer them the best ratings and bill that actually addresses the heart money and bail out one company. threatening to stay away from rating of the issues that caused the near eco- Maybe it is their political friends and agencies that are too tough on them. nomic collapse of this country. That is supporters—or maybe they don’t bail Because of this, the credit rating agen- what we need to have accomplished at out the companies that are their polit- cies are issuing ratings that are orders the end of this process. That is what ical enemies. It makes no sense to of magnitude higher than they should brings me to the Senate floor. I am make bold promises to the American be. We know this from the record. We sorry I can’t get this pending at the people that we are going to end too big know from the PSI release of e-mails moment. But as Governor to fail when this bill actually makes it that this was the case. This conflict of Schwarzenegger said in a previous life: permanent. interest has cost American investors I will be back, and soon. I encourage my colleagues to con- and pensioners billions of dollars be- sider the Sessions amendment. It The ACTING PRESIDENT pro tem- cause supposedly risk-free investments would take us back to a rule-of-law pore. The Senator from South Caro- have failed or been downgraded to junk that is predictable, that let’s every lina. status. AMENDMENT NO. 3832 company, every bank know if they My amendment will correct that con- Mr. DEMINT. Madam President, I can’t pay their bills, they have to go flict of interest by having an inde- rise to speak in favor of the Sessions through a predetermined system, not pendent third party assign the credit bankruptcy amendment. This is crit- one that is decided by bureaucrats at rating agency that conducts the initial ical to the current financial debate be- the last minute based on criteria that rating for newly issued complex finan- could change at any moment. cause one of the big issues in whether cial problems. My amendment puts in- Let’s get this one right. The under- we treat some companies and some vestors in charge, not the government. lying bill will not do what we promise. banks differently. The current bank- Let’s take this from the top. Right The Sessions amendment will move us ruptcy laws create a predictable rule of now, when a bank issues a product, it in the right direction to keep our law. There is no arbitrary or political gets a credit rating—it gets a couple promises to the American people. decisionmaking. When a company can’t I yield the floor. credit ratings before they will sell pay its bills, it can ask for bankruptcy The ACTING PRESIDENT pro tem- their product. But the problem is, they protection to restructure or liquidate pore. The Senator from Minnesota. don’t get their rating from an inde- in some kind of controlled fashion. AMENDMENT NO. 3991 pendent agency. They don’t get it from This is what is meant by ‘‘justice is Mr. FRANKEN. Madam President, let someone who has a real interest in blind.’’ Our courts, our legal system me say how thankful I am that Senator being accurate. Rather, issuing banks and political systems do not get in- DODD has worked with us to get my currently get their credit ratings from volved with deciding which companies amendment to a vote. I know how hard rating agencies they hire, and they pay have to be liquidated, go through bank- he has been working on this bill and them upwards of $1 million per trans- ruptcy. During our current financial how precious floor time is during this action. meltdown, the government decided to debate. Now, you do not have to be Adam pick winners and losers, to bail out Last week I proposed an amendment Smith to guess what has happened. As some companies, some banks, and not with Senator SCHUMER and Senator with any other financial transaction, others. BILL NELSON to reform our Nation’s the issuers—the buyers of credit rat- The underlying financial regulation credit rating industry. Today I am ings—shopped around for ratings. When bill makes that system permanent, es- thrilled to announce that Senators they would go to a credit rating agen- sentially throwing out the rule of law GRASSLEY, KAUFMAN, DURBIN, HARKIN, cy, and the credit rating agency did and allowing the political system, the KLOBUCHAR, LEVIN, WYDEN, and BEGICH not give them the rating they wanted, bureaucratic system to decide which have joined as cosponsors. Senator they would not hire them the next companies need to be treated dif- GRASSLEY, of course, is the ranking time. So the credit rating agencies re- ferently while others have to go member of the Finance Committee and sponded in kind. They changed their al- through the bankruptcy process. The a senior member of the Budget Com- gorithms for rating the products when Sessions amendment would treat all mittee. Senator LEVIN led the Perma- the ratings they produced were too companies the same and allow an or- nent Subcommittee on Investigations low, and, thus, they repeatedly derly restructuring or liquidation of which revealed some of the credit rat- overrated terrible securities. banks, regardless of how big they are. ing industry’s worst abuses. Senator This is not a hypothetical. The Per- The underlying bill abandons the rule KAUFMAN has also been a leading critic manent Subcommittee on Investiga- of law. It suspends free market prin- of the rating agencies, pointing out tions, Senator LEVIN’s committee, un- ciples, and it perpetuates the idea that how these agencies kept AAA ratings covered pages upon pages of e-mails there are some companies that are too ‘‘rolling off the assembly,’’ despite con- confirming this is exactly what hap- big to fail and have to be treated dif- sistent and increasing indications that pens. But I think the numbers explain ferently. It even expands that arbitrary they were totally unwarranted. Sen- it the best, and we know this. Of all the system by giving the FDIC the ability ators DURBIN, HARKIN, and KLOBUCHAR subprime mortgage-backed securities to pick companies they think might have long established themselves as issued in 2006 and 2007 that received a fail and to seize them if they are not strong voices on behalf of consumers. AAA rating, over 90 percent have since meeting certain criteria. The market Over 20 of my colleagues have now been downgraded to junk status. does not decide which company is fail- cosponsored my amendment, including Credit rating agencies will counter ing anymore. This becomes a political senior members of the Senate Finance that the downgrading of AAA bonds to system which sets up corruption and and Banking Committees. Since I have junk status occurred because of the un- political meddling as part of the finan- filed this amendment, I have come to predictable collapse of the housing cial system. the floor several times to explain the market. Two points here: The e-mails There is no reason we can’t have spe- different aspects of it. Now that this that were released in the investigation cial bankruptcy courts to deal with amendment will be up for a vote, I wish by the Permanent Subcommittee on large banking institutions so their fail- to step back and summarize. To under- Investigations showed that the credit ure does not take down the whole fi- score the scope of this problem, I want rating agency knew what was hap- nancial system. This idea that some to explain how this amendment is a pening. Here is an e-mail from 2006. people in Washington are going to look simple investor-based solution to the This is from one of the Standard & at Wall Street or anywhere in the problem. Here it is in a nutshell. Poor’s executives:

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.029 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3674 CONGRESSIONAL RECORD — SENATE May 13, 2010 [T]his is like another banking crisis poten- eliminate the fundamental conflict of is contradictory at all to what I am tially looming!! interest at the core—at the core—of doing. So if a Member would like to There was an executive who said they this problem. vote for Senator LEMIEUX’s side-by- wished they could go public with the Some people are going to tell you side, it would be fine. You have to de- loss figures they were seeing—this is in this is a government takeover of the termine for yourself the value of that. 2006—but that ‘‘may be too much of a credit rating industry. That is pat- I am just saying it does not get at the powder keg.’’ And there are e-mails ently, 100 percent false. The clearing- heart of the matter, which is the con- where they were saying: We better in- house will not issue a single rating. flict of interest: the issuer actually crease the ratings so we keep getting The clearinghouse is not going to tell paying the rating agency for the rat- business. credit rating agencies how to deter- ing. These were the guys who got it. Ad- mine their ratings. In fact, every single With the help of Senators SCHUMER mittedly, there were guys who did not rating an agency gives after being as- and NELSON, I have crafted a measure get it in the credit rating agencies. But signed a security will have a disclaimer that is not liberal or conservative. It is there is an old Upton Sinclair quote, that says, ‘‘This is not a government- not moderate. It is not on any spec- which is: You can’t get a man to under- approved rating.’’ trum. It just makes sense. It is com- stand something that his salary de- Moreover, the clearinghouse will be mon sense. This is like the solving of pends on him not understanding. run by investors such as managers of forum shopping in courts. It is an ele- So there is this inherent conflict of pension funds and managers of univer- gant solution. I can say that because I interest, which is, if I give a good rat- sity endowments. OK. There is not a did not think of it. Some professors in ing to these subprime mortgage-backed single seat on this board that would be academia thought of it, and I guess the securities, I am going to make a lot of reserved for a government official. chief economist at Patton Boggs. It is money; there is a lot of money here; Moreover, while the initial board mem- just a simple, elegant idea. So it is not my salary depends on my not getting bers are to be named by the SEC, after conservative; it is not liberal. It is just what is happening. That all emanates the initial appointments, the board common sense. from the conflict of interest. That is itself will choose its future members. That is why Senator WICKER has em- what I am going after. That is why There will be a representative from the braced this amendment. Senator they either ignored what they were rating agencies, there will be a rep- GRASSLEY has embraced this amend- seeing in 2006, or, if they got it, they resentative from the banks, but a ma- ment. It is just plain common sense. jority will be investors. This makes did not say anything about it. So some That is why Senators LEVIN, JOHNSON, sense. We will be putting people in were maybe less than completely get- MURRAY, DURBIN, WHITEHOUSE, BROWN, charge who are the people who are ac- ting it, and others who got it were cor- MERKLEY, BINGAMAN, LAUTENBERG, tually buying the securities, and who rupt. It was all for the same reason: be- SHAHEEN, CASEY, SANDERS, KAUFMAN, pay the price when the securities prove cause of this conflict of interest. HARKIN, KLOBUCHAR, WYDEN, and to be significantly overrated. These downgrades did not just result BEGICH also support the amendment. So let me repeat that. We are putting in major losses to Wall Street. They re- That is why Americans for Financial the buyers of securities—not the gov- sulted in multibillion-dollar losses to Reform support it. That is why the millions of Americans, especially pen- ernment—in charge. OK. The clearinghouse will be an inde- Consumers Union supports it; the sion holders. CalPERS, which 11⁄2 mil- pendent, self-regulatory organization Teamsters, the National Association of lion Californians rely on for their pen- that operates with oversight from the Consumer Advocates, Public Citizen, sions and health benefits, lost $1 bil- SEC, just like the Financial Industry SEIU, and a number of other national lion. Pensioners in Ohio lost $1⁄2 billion. Regulatory Authority or FINRA. organizations stand behind this amend- The same story is repeated all across Finally, this board will not act as an ment. the country. intermediary for every credit rating That is why, as I said, leading econo- This was people’s retirement money. issued. It will only assign an agency to mists in academia and private industry This was not people buying yachts. do the initial rating—the first rating support this amendment. In fact, as I This was not people staying a night at an issuer receives. The issuer is then was saying, the chief economist at Pat- the Waldorf. This was their retirement free to seek as many other credit rat- ton Boggs, Dr. David Raboy, who first money. So this was the problem, the ings as it wants from whomever it developed a similar proposal, is square- conflict of interest. wants, as most issuers currently do. ly behind this amendment. Of course he Let me tell you how our amendment I am merely proposing that at least would be; he developed it. addresses this problem. My amendment one rating—the initial rating—from an That is why independent, smaller would call for a new clearinghouse, reg- issuer be free from the conflicts of in- rating agencies have come out in sup- ulated by the SEC, to assign issuers to terest inherent in an issuer-pays sys- port of this amendment. That is why a credit rating agency that will give tem. This initial rating will then serve this amendment cannot wait. them their first rating on complex fi- as a check against any possible infla- I urge colleagues on both sides of the nancial products. They would be as- tion in subsequent ratings. aisle to vote in favor of this amend- signed. That means an issuer will no You may also have heard there are ment. longer be able to shop around for a rat- alternative proposals that would elimi- I thank you, Madam President. ing. They will not be able to pressure a nate any requirement of reliance upon I believe my good colleague from rating agency into giving a good score a credit rating issued by an NRSRO. Florida has a side-by-side which, as I in exchange for future business. Over Senator LEMIEUX, my good colleague say, in no way conflicts—I do not be- time, the clearinghouse will monitor from Florida, will be offering a side-by- lieve—with this amendment. I yield the the ratings these agencies give out and side to this amendment. Now, my only floor. refine its method of assignments. It problem with this is, this approach ig- The ACTING PRESIDENT pro tem- can reward agencies that are more ac- nores the reality that ratings will, by pore. The Senator from Florida. curate and give fewer assignments to necessity, continue and will always AMENDMENT NO. 3774, AS MODIFIED, TO those that are less accurate. It will play a role in our economy. Investors AMENDMENT NO. 3739 incentivize accuracy. Imagine that. In will still rely on them even if the stat- Mr. LEMIEUX. Madam President, I doing so, it will give smaller agencies a utes do not mandate it. ask unanimous consent to temporarily chance to get into the action. I believe Senator LEMIEUX’s ap- set aside the pending amendment so I Standard & Poor’s and Moody’s and proach does absolutely nothing to may call up amendment No. 3774, as Fitch do about, what, 94 percent of the tackle the conflicts of interest or ad- modified. business. The other agencies will get a dress the current oligopoly, both of The ACTING PRESIDENT pro tem- chance because what will be rewarded which would surely persist under this pore. Is there objection? is accuracy. approach, especially the conflicts of in- Without objection, the clerk will re- By making these simple changes— terest. port the amendment. and it is a very simple change; it is a There is nothing in Senator The assistant legislative clerk read third party—the amendment will LEMIEUX’s approach that I understand as follows:

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.012 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3675 The Senator from Florida [Mr. LEMIEUX] (3) subsection (a)(3), by amending subpara- So just as when you read Consumer proposes an amendment numbered 3774, as graph (A) to read as follows: Reports, and you believe they are giv- modified, to amendment No. 3739. ‘‘(A) IN GENERAL.—A national bank meets ing objective information and a good Mr. LEMIEUX. Madam President, I the requirements of this paragraph if the accounting of how a product is or is ask unanimous consent that reading of bank is one of the 100 largest insured banks not safe, the investing world thought and has not fewer than 1 issue of outstanding the amendment be dispensed with. debt that meets standards of credit-worthi- Fitch and Moody’s and S&P and these The ACTING PRESIDENT pro tem- ness or other criteria as the Secretary of the others had done their job and had done pore. Without objection, it is so or- Treasury and the Board of Governors of the the due diligence. So I congratulate, dered. Federal Reserve System may jointly estab- again, my friend from Minnesota. He The amendment, as modified, is as lish.’’. has focused on one of the main reasons follows: (4) in the heading for subsection (f), by we had our financial debacle. (Purpose: To remove statutory references to striking ‘‘MAINTAIN PUBLIC RATING OR’’ and Unfortunately, much of what is in credit rating agencies) inserting ‘‘MEET STANDARDS OF CREDIT-WOR- this 1,409-page bill does not go after On page 1036, strike line 14 and all that fol- THINESS’’; and what caused the debacle in 2008. We do lows through page 1041, line 3, and insert the (5) in subsection (f)(1), by striking ‘‘any ap- not deal with Fannie and Freddie. We following: plicable rating’’ and inserting ‘‘standards of credit-worthiness established by the Comp- did not pass significant underwriting SEC. 939. REMOVAL OF STATUTORY REFERENCES troller of the Currency’’. standards yesterday in the Corker TO CREDIT RATINGS. (e) SECURITIES EXCHANGE ACT OF 1934.—Sec- amendment. We have a chance to ad- (a) FEDERAL DEPOSIT INSURANCE ACT.—The dress the issue of the rating agencies, Federal Deposit Insurance Act (12 U.S.C. 1811 tion 3(a) Securities Exchange Act of 1934 (15 et seq.) is amended— U.S.C. 78a(3)(a)) is amended— because, but for their failure to do (1) in section 7(b)(1)(E)(i), by striking (1) in paragraph (41), by striking ‘‘is rated their job, we may not have had this de- ‘‘credit rating entities, and other private in one of the two highest rating categories bacle that destroyed, as some estimate, economic’’ and insert ‘‘private economic, by at least one nationally registered statis- $600 trillion worth of wealth. credit,’’; tical rating organization’’ and inserting Where I differ with my friend from (2) in section 28(d)— ‘‘meets standards of credit-worthiness as es- Minnesota is that I don’t think he has (A) in the subsection heading, by striking tablished by the Commission’’; and gone far enough. I appreciate his ef- (2) in paragraph (53)(A), by striking ‘‘is ‘‘NOT OF INVESTMENT GRADE’’; forts to go after conflicts of interest. I (B) in paragraph (1), by striking ‘‘not of in- rated in 1 of the 4 highest rating categories by at least 1 nationally registered statistical believe there are conflicts of interest. vestment grade’’ and inserting ‘‘that does We cannot have the people whose prod- not meet standards of credit-worthiness as rating organization’’ and inserting ‘‘meets established by the Corporation’’; standards of credit-worthiness as established ucts they rate pay them. He is right (C) in paragraph (2), by striking ‘‘not of in- by the Commission’’. about that, but I would go further. My vestment grade’’; (f) WORLD BANK DISCUSSIONS.—Section amendment writes these organizations (D) by striking paragraph (3); 3(a)(6) of the amendment in the nature of a out of law. Why should we reward them (E) by redesignating paragraph (4) as para- substitute to the text of H.R. 4645, as ordered and allow them to continue to have graph (3); and reported from the Committee on Banking, what, in effect, is a government-spon- Finance and Urban Affairs on September 22, (F) in paragraph (3), as so redesignated— sored monopoly? Federal law says cred- (i) by striking subparagraph (A); 1988, as enacted into law by section 555 of Public Law 100–461, (22 U.S.C. 286hh(a)(6)), is itworthiness will be determined by (ii) by redesignating subparagraphs (B) and these rating agencies. Why should we (C) as subparagraphs (A) and (B), respec- amended by striking ‘‘credit rating’’ and in- tively; and serting ‘‘credit-worthiness’’. reward them by allowing them to con- (iii) in subparagraph (B), as so redesig- (g) EFFECTIVE DATE.—The amendments tinue in any fashion to have the sanc- nated, by striking ‘‘not of investment grade’’ made by this section shall take effect 2 years tion and permission and basically a and inserting ‘‘that does not meet standards after the date of enactment of this Act. monopoly granted by Federal law? of credit-worthiness as established by the (1) IN GENERAL.—Commission shall under- That doesn’t make any sense to me. Corporation’’; and take a study on the feasability and desir- So the amendment I am proposing, (3) in section 28(e)— ability of— again, is not, as my friend from Min- (A) in the subsection heading, by striking (A) standardizing credit ratings termi- nesota said, inconsistent with his ‘‘NOT OF INVESTMENT GRADE’’; nology, so that all credit rating agencies issue credit ratings using identical terms; amendment, and I believe there will be (B) in paragraph (1), by striking ‘‘not of in- Members who will vote for his amend- vestment grade’’ and inserting ‘‘that does (B) standardizing the market stress condi- not meet standards of credit-worthiness as tions under which ratings are evaluated; ment and my amendment. I am glad we established by the Corporation’’; and (C) requiring a quantitative correspond- are both focused on addressing this (C) in paragraphs (2) and (3), by striking ence between credit ratings and a range of issue. ‘‘not of investment grade’’ each place that it default probabilities and loss expectations What my amendment will do is take appears and inserting ‘‘that does not meet under standardized conditions of economic away this sanctioned monopoly that standards of credit-worthiness established by stress; and holds out these rating agencies as the the Corporation’’. (D) standardizing credit rating termi- entities that determine what is credit- (b) FEDERAL HOUSING ENTERPRISES FINAN- nology across asset classes, so that named ratings correspond to a standard range of de- worthy. Certainly, rating agencies will CIAL SAFETY AND SOUNDNESS ACT OF 1992.— still exist, but there will be more rat- Section 1319 of the Federal Housing Enter- fault probabilities and expected losses inde- prises Financial Safety and Soundness Act of pendent of asset class and issuing entity. ing agencies involved, plus banks 1992 (12 U.S.C. 4519) is amended by striking (2) REPORT.—Not later than 1 year after themselves will have to do the due dili- ‘‘that is a nationally registered statistical the date of enactment of this Act, the Com- gence to convince the FDIC or whoever rating organization, as such term is defined mission shall submit to Congress a report the regulator is that the bonds they in section 3(a) of the Securities Exchange containing the findings of the study under hold on their books are creditworthy. Act of 1934,’’. paragraph (1) and the recommendations, if In a way, we are saying that the astrol- (c) INVESTMENT COMPANY ACT OF 1940.—Sec- any, of the Commission with respect to the ogy we relied upon in the past didn’t study. tion 6(a)(5)(A)(iv)(I) Investment Company work. Let’s have some new and better Act of 1940 (15 U.S.C. 80a–6(a)(5)(A)(iv)(I)) is Mr. LEMIEUX. Madam President, I astrology. amended by striking ‘‘is rated investment come to the floor today to talk about grade by not less than 1 nationally reg- The rating agencies don’t work. Did istered statistical rating organization’’ and this important issue my friend from they not work because they had a con- inserting ‘‘meets such standards of credit- Minnesota has brought forth, and I flict of interest? Perhaps. Did they not worthiness as the Commission shall adopt’’. congratulate him on the work he has work because they are incompetent (d) REVISED STATUTES.—Section 5136A of done. We know one of the main reasons independent of that conflict of inter- title LXII of the Revised Statutes of the we had our financial debacle in 2008 est? Perhaps. I hope what my amend- United States (12 U.S.C. 24a) is amended— was that credit agencies failed to do ment does will achieve both goals. (1) in subsection (a)(2)(E), by striking ‘‘any their job. They put AAA stamps of ap- They will not be paid by these same in- applicable rating’’ and inserting ‘‘standards proval on products that deserved no of credit-worthiness established by the vestment banks if they are no longer Comptroller of the Currency’’; such stamp. The investing world relied written into law, I believe. Plus, if they (2) in the heading for subsection (a)(3) by upon the fact that rating agencies were are no longer written into law, there striking ‘‘RATING OR COMPARABLE REQUIRE- supposed to do their job, and they will have to be something in the mar- MENT’’ and inserting ‘‘REQUIREMENT’’; failed to do their job. ketplace that people can rely upon

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.012 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3676 CONGRESSIONAL RECORD — SENATE May 13, 2010 when they have to make their case to that if this amendment passes, it is As I said, the provision Senator your Federal regulator that these in- going to be one of the lasting contribu- FRANKEN is offering and I am proud to struments are creditworthy. Someone tions and one of the most significant cosponsor goes to the heart of the con- is going to have to do their homework. contributions to prevent a future crisis flict of interest. It doesn’t go around My friend from Minnesota is exactly from happening. the edges of the conflict of interest but right that the damage done in the mar- Nobel economist Joseph Stiglitz said: is a dagger at the heart. This amend- ketplace was done in large part because I view the rating agencies as one of the key ment breaks that inherent conflict by of our reliance upon these rating agen- culprits . . . They were the party that per- having a third party, a neutral third cies. The Wall Street Journal on April formed the alchemy that converted the secu- party, step in-between. Issuers will no rities from F-rated to A-rated. The banks 21 said: could not have done what they did without longer be able to choose a rating agen- When the government ordains— the complicity of the rating agencies. cy and directly influence what kind of And that is an important word— Credit rating agencies played an im- ratings they get. Moody’s and Standard & Poor’s as official ar- portant role—an unfortunate and im- The amendment establishes a board biters of risk, the damage can be cata- portant role—in what led up to the fi- of highly knowledgeable and experi- strophic because so many people rely upon nancial crisis. They adopted question- enced people, a majority of whom will them. able practices intended to win over cli- be from the investor industry, includ- So let’s stop ordaining them. Why ents and capture greater market share, ing pension funds, municipalities, and are we going to reward bad behavior? ignoring the true credit quality of the retail investors who got clobbered in My friend from Minnesota, who has complex securities at the heart of the this financial crisis because the rating gotten his language from professors market meltdown. They neglected agencies were getting paid by the and others, the language we have their own internal controls and devel- issuer and had an incentive to issue the worked on—it is not a conservative oped a coziness with clients. And be- best rating possible. idea; it is not a Democratic idea. In cause rating the complicated struc- How the heck—this is a little digres- fact, it is exactly the same as the lan- tured finance products brought in more sion—how the heck no-doc loans got guage BARNEY FRANK put forward on money to these agencies, they raced AAA ratings over and over, packages of the House side. So we have a liberal each other to the bottom, competing no-doc loans—what does that mean to Democrat and a conservative Repub- for clients by inflating ratings. Be- the average person? It means they lican working to the same end. So let’s cause the clients had an incentive to never asked you if you could afford to not just go halfway. Let’s go all the sell products with the highest ratings pay the mortgage, and they got AAA way. Let’s make sure these rating to investors, the rating agencies would credit ratings. What was going on, and agencies don’t get rewarded for bad be- give them advice on how to structure why didn’t anyone catch it? Well, the havior. their products to score AAA. This race Dodd part and the Reed part of the This will take some time to imple- to the bottom is the easiest, quickest, amendment will catch it, but the ment. It needs time for the market to and least disputatious. Giving an AAA Franken part of the amendment will adjust. There is a 2-year period in this rating is one of the major culprits of prevent it by having a noninterested amendment for this to take effect. the financial crisis we are seeing. party make a rating. That is important so that banks can The conflict of interest-ridden indus- The Franken amendment establishes beef up their staff to make sure they try helped bring our economy to its a board of highly knowledgeable and can do the due diligence, do the home- knees. To provide one example, 93 per- experienced people, as I said. They work, to prove creditworthiness. It is cent of AAA-rated subprime mortgage- have to submit their products to be good for the market to settle, which it backed securities issued in 2006 have rated to the board and, like a wheel, will need to do, from relying upon just been downgraded to junk status. Is the board will choose a rating agency these three big rating agencies. that incredible? Ninety-three percent for each product. When I say a wheel, it I believe the solution has to go the went from AAA to junk status. That is is like a wheel; it comes up randomly. full measure. While I congratulate my not an accident and, frankly, that Where did Senator FRANKEN—and I friend from Minnesota for tackling this doesn’t just happen because people have spoken with him about this, so I issue and while I also don’t think our make mistakes. There was something know—where did he come up with this two measures are inconsistent, I be- more pernicious at work, which was idea? This is how we prevent forum lieve the amendment I am proposing, conflict of interest. That is the funda- shopping, bias of judges. When you go which is almost exactly—similar to the mental problem. Again, 93 percent of to the Southern District of New York language of BARNEY FRANK on the the securities the rating agencies con- and you have a case, it is a wheel and House side—is the right answer to real- cluded were of the highest quality, you get a judge randomly. In the past, ly get us off this ordination of these least risky investments, in just 2 years we have found there were even con- rating agencies. they became worthless. Many people flicts of interest in the judiciary be- Madam President, I yield the floor. lost money. Some were big investors, cause you got to choose your own The ACTING PRESIDENT pro tem- some were small investors, some were judge, just as the issuer now gets to pore. The Senator from New York. large banks and institutions, and some choose its own credit rating agency. Mr. SCHUMER. Madam President, I were pension funds that had the sav- The wheel makes it random. You don’t rise in strong support of the Franken ings of millions of hard-working Amer- choose it. That is a big, huge step for- amendment. icans. Everyone suffered because of ward. First, I wish to praise my colleague what the credit rating agencies did. The board will also monitor the per- from Minnesota for the great job he This bill we are debating this week formance of these ratings and ensure has done on this amendment. This is makes important strides in holding the the rating agencies are qualified to going to make a huge difference. It rating agencies accountable to their rate the products. This model will mo- strengthens the section that is already credit quality assessments. tivate rating agencies to develop and in Senator DODD’s fine bill, on which Once again, I commend Senator gain the right expertise and meth- Senator JACK REED did great work, and DODD, our able chairman, and Senator odologies so they can become eligible now it goes a little further. JACK REED, our able chairman of the to rate different classes of structured In particular, I thank my colleague securities subcommittee, for the im- finance products, and the smaller rat- from Minnesota for really getting at mense work they did in this area. Re- ing agencies and investor-paid agencies the heart of the conflicts of interest. quiring the creation of a new Office of will have a level playing field to com- We can vote around the conflict of in- Credit Rating Agencies at the SEC; dis- pete against the big three. terest, we can shine a mirror of light closures of rating methodologies; pro- This proposal has a broad range of bi- on the conflict of interest, but unless hibiting compliance officers from partisan support. I greatly appreciate we get to the heart of it, we are not working on ratings methodologies or not only Senator FRANKEN’s out- going to undo the problem. The Sen- sales; a new liability provision; and re- standing work on this issue but the co- ator from Minnesota does that, and I quiring rating analysts to pass quali- sponsorship of Senators NELSON, praise him for his fine work. I think fying exams all helps. WHITEHOUSE, BROWN, MURRAY,

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.014 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3677 MERKLEY, BINGAMAN, LAUTENBERG, basing ratings only on the issuer’s I am concerned what this means. I SHAHEEN, CASEY, SANDERS, JOHNSON, representations. say that respectfully to the author. He KAUFMAN, DURBIN, HARKIN, and—thank Investors are empowered. The agen- has worked hard on this amendment. you to our Republican friends—Sen- cies must disclose more about their There are a lot of good ideas in it. I am ators WICKER and GRASSLEY. ratings assumptions, limitations, risks, just uneasy about what the implica- So I hope we will get unanimous sup- accuracy, and factors that might lead tions can be. I would be remiss if I did port for this amendment. I hope we to change in ratings. Agencies must not express that as chairman of the won’t leave out any major provisions. I disclose their track record of ratings in committee having spent hours listen- hope we won’t modify it or weaken it. a way that is in compliance so that ing to the debate back and forth. Let’s stick to this amendment. It is users can compare ratings for accuracy On the amendment offered by our modest and thoughtful and goes to the across different agencies. colleague from Florida, there is a dif- heart of what helped cause the finan- It also will have the benefit of having ferent set of issues I have, but I also cial crisis—the inherent conflict of in- new pleading standards so when private have to express my opposition to that terest in the way credit rating agencies suits are brought, they will be able to amendment. The reason is because very worked. have actions brought against these rat- simply we know that credit ratings are I yield the floor. ing agencies. far from the perfect measure. We know The ACTING PRESIDENT pro tem- The issuer or underwriters of any that. We wrestled with this. pore. The Senator from Connecticut. asset-backed security shall make avail- I agree that the markets may place Mr. DODD. Madam President, I was able any due diligence reports, and on too much reliance on credit ratings. going to address the underlying ques- and on. But the way to address the problem is tion here, but I know my colleague The point I want to make is we have not to simply repeal the safety and from Maine wishes to be heard on a dif- spent a lot of time on this issue. A lot soundness provisions of the law. That ferent amendment. of work went into this issue. My col- is what he is asking us to do. Let me say briefly that I appreciate league from Minnesota has what I While I have problems with the the comments and I appreciate the ef- think is a good and sound idea. Here is present system and we made major in- forts of Senator FRANKEN in this re- my concern as chairman of the com- roads on how to address that in ways gard. Forty pages of our bill are exclu- mittee. I do not know what the impli- we thought made some sense, the idea sively dedicated to rating agencies. We cations are because we have had no of the Senator from Florida that be- spent an inordinate amount of time on real examination of having the wheel cause we are not happy with the the rating agency question. This is a about which my friend from New York present structure—although I think complex issue and the source of a lot of talked. Not all rating agencies are the bill before us does an awful lot in 40 discomfort. There is a headline in one equal. There ought to be more of them. pages to deal with how this is to be ac- of the national newspapers this morn- There are smaller ones out there that complished—he repeals all of it. Some- ing that talks about the rating agen- ought to be able to grow in their com- one may have a better idea out there, petency and do things. But there are cies and the problems they have posed but to get rid of what we have, leaving companies of different sizes and needs, in giving ratings to products that were a vacant space, in a sense, is not my and merely changing a rating agency worth vastly less than their claims. view of the way this ought to be ad- Very briefly, on the underlying bill, based on an arbitrary choice without dressed. Congress could not simply re- the SEC will have a new office of credit considering whether the rating agency peal safety and soundness laws without can do the job is my concern. ratings to regulate and promote accu- careful prior study of the impact on I like the idea because what it does racy in ratings, staffed with experts in the markets. That is what we are doing do is get away from the conflict of in- with the LeMieux amendment. structured, corporate, and municipal terest. That is as it presently exists. debt finance. The office’s own examina- Our bill sets out a process by which Here is the quandary we have: Right overreliance on these rating agencies tion staff will conduct annual inspec- now, the company that seeks the rat- can be reduced without creating risk tions, and the essential findings will be ing agency pays the rating agency. Ob- throughout the financial system. That available to the public. The SEC will viously, on its face, you have a prob- is my concern. Stripping everything have expanded authority to suspend lem. If I am buying a service from out of safety and soundness in this area the registration of agencies that con- you—and by the way, I would like to does not get you safety and soundness. sistently produce ratings without in- get a AAA rating—I have a pretty good With regard to both amendments, I tegrity. It will have more authority to chance of getting it whether I deserve am more attracted to the amendment sanction ratings agencies that violate it or not. The alternative idea, some- offered by Senator FRANKEN, and I like the law, including penalties for man- body said, is why don’t you have the the idea of where he is going. I just do agement for failure to supervise em- buyers of the rating agency? There is a not know whether it is sound. Again, it ployees who break the law. similar problem. They might like to is the kind of thing I wish to see exam- The bill imposes tough new require- have a DDD rating to lower the value. ined—and that is not to suggest he has ments on credit rating agencies. Rat- So you have a conflict on either side of not done that—where you take the ings agency boards are subject to new this question that is difficult and dif- time and go through the process. rules for independence. Ratings ana- ficult to resolve. It is with some reluctance that I ex- lysts must be separated from those who Compound the problem with the fact press my opposition to both amend- sell the firm’s services. Agencies must that the rating agencies, as presently ments and urge my colleagues to re- publicly disclose when they materially construed, prior to our language in this view, if they care to, the 40 pages of ef- change their procedures or methodolo- bill, basically rely on the information fort we have made in our bill. gies or make significant errors and up- from the very purchase of the rating JACK REED of Rhode Island deserves a date their credit ratings accordingly. agency to determine whether it is a lot of credit for having worked particu- Agencies must establish strong inter- good product. There is no due diligence larly hard on the rating issue in our nal controls for following procedures done by the rating agency. Our bill committee and the subcommittee deal- and methodologies and have these at- changes all of that. ing with securities. We think we have a tested to by their CEO to the SEC. The It is with a great deal of reluctance— strong bill in these areas. I would be agencies must establish hotlines for as I said to my colleague from Min- the first to say it is far from perfect, whistleblowers and complaints, retain nesota, I was prepared to take a good but we did our best to find a way to get complaints about the firm’s work for study of this; in fact, language that far greater responsibility and account- regulators to examine. would recommend the SEC and oth- ability out of the credit rating agen- Compliance officers must submit an- ers—the SEC has authority under ex- cies. There is a great concern here that nual compliance reports to the SEC. isting law to deal with conflicts of in- accountability and responsibility needs They are required to consider credible terest. They have the power to do it. to be taken into consideration. information they received from sources Whether they do it is another matter. As I said, our bill has 40 pages of safe- other than the issuers in making the That is always the issue with a regu- guards to strengthen the SEC, em- ratings, rather than relying on the— lator. power investors, and to make rating

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.015 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3678 CONGRESSIONAL RECORD — SENATE May 13, 2010 agencies far more responsible and ac- ness and regulatory transparency by survey—and that is the foremost orga- countable. first designating the Consumer Finan- nization that speaks for small busi- Madam President, I yield the floor. cial Protection Bureau as a ‘‘covered nesses—42 percent of small business The PRESIDING OFFICER (Mrs. agency’’ under the Regulatory Flexi- owners use a personal credit card for HAGAN). The Senator from Maine. bility Act so that small business re- business purposes. It is imperative that view panel provisions would apply to AMENDMENT NO. 3883 small business interests are fully con- Ms. SNOWE. Madam President, I rise the bureau’s rulemaking. These advi- sory small business panels currently sidered when the bureau issues regula- to speak today on amendment No. 3883, tions on consumer credit cards, so that which is pending, which I have offered apply to EPA and OSHA and have been however well-intentioned, the bureau with my good friend and colleague extremely successful in helping to does not inadvertently cut off vital from Arkansas, Senator PRYOR. shape more workable regulations at I ask unanimous consent that Sen- these agencies for small businesses small business credit sources, espe- ator PRYOR be able to follow my re- across America. cially during these tenuous economic marks. Since 1996, when these small business times when a recent Federal Deposit The PRESIDING OFFICER. Without panel provisions were passed unani- Insurance Corporation survey noted objection, it is so ordered. mously in the Senate and signed into that banks posted their sharpest de- Mr. LEVIN. Will the Senator yield law by then-President Clinton, the cline in lending since 1942. EPA has convened 35 panels and OSHA for a question? That is a big issue right now because Ms. SNOWE. I will be glad to yield. has convened 9 panels. The findings of lending is not occurring to small busi- Mr. LEVIN. How long does the Sen- the panel reports have helped EPA and ator expect to take? OSHA improve draft proposals by tai- nesses. That is one of the issues we Ms. SNOWE. Fifteen minutes. loring regulatory approaches to the must address in any small business tax Mr. LEVIN. Does the Senator from unique situations of small businesses. relief package. Those discussions are Maine know how long Senator PRYOR I know there are some who will argue ongoing right now with the Treasury will take? that my amendment will undermine Department and the Administrator of Ms. SNOWE. About 5 minutes. the rulemaking capacity of the bureau. the Small Business Administration, This simply is not the case. According Mr. LEVIN. I thank the Senator. Karen Mills, with Chairman LANDRIEU to the SBA Office of Advocacy report, Ms. SNOWE. Madam President, the of the Small Business Committee, my- amendment that is pending that we ‘‘The panel process does not replace, but enhances, the regular notice-and- self, and key staff from the Finance have offered—and I add that also has Committee, and the leadership of both been cosponsored by Senator GRAHAM comment process.’’ The Office of Advocacy has also the Republican and Democratic sides and Senator MENENDEZ—would ensure because it is so critical. If we cannot that small businesses are considered in found that these small business review the federal rulemaking process by the panels have facilitated ‘‘revisions or get access to lending to small busi- adjustments to be made to an agency Bureau of Consumer Financial Protec- nesses, jobs cannot be created. draft rule that mitigated its poten- tion that would be created in this bill. We do not want to compound the tially adverse effects on small entities, The more attentive we are with re- problem with the creation of this bu- but did not compromise the rule’s pub- spect to small businesses and the issues lic policy objective.’’ reau that ignores the implications incorporated in this legislation, the Others have expressed concern that when it comes to applications for cred- better small businesses will be in their these small business advocacy review it from small businesses. After all, all ability to create jobs and to survive panels should not apply to the bureau the entities under this legislation— what is a very difficult and tragic eco- because they apply to no other finan- even the smaller institutions—all the nomic environment. cial regulatory authority. Unfortu- entities will be covered under this bu- This amendment would ensure that nately, there is continued frustration when the newly created bureau promul- reau with respect to regulations. We by leaders in the small business com- must make sure that the smallest fi- gates rules and regulations, it fully munity toward government agencies considers the economic impact those nancial institutions’ voices are heard and one-size-fits-all regulation. Inde- because they are the ones that pri- rules and regulations would impose on pendent agencies, such as the Securi- marily provide access to small busi- our Nation’s more than 30 million ties and Exchange Commission, the small businesses that have created 64 SEC, and its approach to regulation nesses, not to mention the credit card percent of all new jobs over the past 15 under Sarbanes-Oxley, and the Federal companies that also will certainly be years and no question will drive our Communications Commission, the regulated under this bureau. Nation’s economic recovery. Indeed, we FCC, and its rulemaking governing We want to make sure we are not are depending on these small busi- telecommunications practices are too just having the big institutions’ voices nesses to lead us out of this jobless re- often cited as failing to adequately heard but not the small financial insti- covery. consider their impact on small business We know a jobless recovery is not a tutions and not how it will affect small prior to issuing new regulatory man- businesses throughout the country. true recovery. We have more than 15 dates. This is why it is vital that small million Americans who are unem- business requirements apply to the new To give an understanding of how ployed or underemployed. Clearly, it is independent agency that is created in strongly regarded and supported this going to be small businesses that pave the underlying legislation. legislation is, we have a broad cross- the way toward employment. Still others will argue that our section of stakeholders who support Plain and simple, onerous regula- amendment is unnecessary because my this amendment, more than 23 organi- tions are crushing the entrepreneurial earlier amendment to this legislation zations that represent millions and spirit of America’s small businesses. In provides for an exemption for small millions of small business owners. I am 2009 alone, there were close to 70,000 businesses from the regulatory require- going to list them now because they pages in the Federal Register, and the ments of the bureau. However, we must are so important, given the support annual cost of Federal regulations now go further to ensure that rules that the they are providing this amendment and totals more than $1.1 trillion. Further- bureau promulgates do not uninten- how critical they think it is to the more, according to the research by the tionally impact small firms’ job cre- Small Business Administration’s Office ation capacity. That is why our amend- functioning of this bureau and being of Advocacy, small firms—and this is ment would also specify during the cognizant of the regulations that are no surprise—bear a disproportionate rulemaking process the bureau must issued, that they do not adversely af- burden, paying approximately 45 per- consider the economic effects its rule fect the well-being of small businesses cent more per employee in annual reg- would have on the cost of credit for during these tumultuous economic ulation compliance than larger firms. small businesses. times. You have the Associated Build- The amendment we are offering According to a recent National Fed- ers and Contractors, the Association of today would ensure small business fair- eration of Independent Business, NFIB, Kentucky Fried Chicken Franchisees,

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.016 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3679 the Hearth, Patio & Barbecue Associa- this bureau and the compliance costs of small businesses. That is another ex- tion, Hispanic Leadership Fund, Inde- these agency proposals. So, clearly, ample of a potential rule that would pendent Electrical Contractors, Insti- this will have enormous benefits to come out of this bureau that could di- tute for Liberty, International Fran- small businesses because we will have a rectly affect small businesses. So it is chise Association, the National Asso- chance to review, in advance, through not only consumers, it is also small ciation for the Self-Employed, the Na- these advisory panels that would be businesses. tional Federation of Independent Busi- comprised of the rulemaking agency— The regulation of angel investors—a ness, the National Lumber and Build- in this instance it would be the Con- very important fact. In fact, NFIB has ing Material Dealers Association, the sumer Financial Protection Bureau— written on this question because there National Restaurant Association, the representatives of the small business will be subsequent amendments to ad- National Roofing Contractors Associa- community, as well as the Office of dress this issue as well. But the regula- tion, the National Small Business As- Management and Budget’s Office of In- tion of angel investors also affects the sociation, the Printing Industries of formation and Regulatory Affairs. So economic well-being of small busi- America, the S Corporation Associa- there would be a broad array of voices nesses because they use them as a tion, Small Business & Entrepreneur- including small business concerns to source of capital. I know that NFIB is ship Council, Society of American Flo- examine these rules before they are concerned about the reduced pool, as rists, the Society of Chemical Manu- proposed for the rulemaking process. they have indicated in their letter, facturers & Affiliates, the Tire Indus- Doesn’t that make sense? Isn’t it im- with respect to angel investors. Many try Association, the U.S. Chamber of portant to understand the ramifica- small businesses depend on these indi- Commerce, the U.S. Black Chamber of tions before we issue these regulations Commerce, the United States Hispanic that could have adverse consequences viduals who invest to provide that kind Chamber of Commerce, and the Women for small businesses as they attempt to of startup capital in their businesses. Impacting Public Policy. survive during these tenuous economic There are other significant small enti- As you can see, a broad array of times? ties in the financial products industry stakeholders are so concerned about The SBA Office of Advocacy has indi- who are likely to be overlooked in the the pending legislation with respect to cated in their materials with respect to bureau’s rulemaking process. The panel this bureau that they support this how these panels work—and, again, requirement will benefit these busi- amendment. they are required under law within 60 nesses and will benefit the bureau’s These groups have sent a letter as days to make a proposal to the bureau consideration of how their rules should well to both the chairman and the in terms of the ramifications or the ef- be tailored to minimize the impact on ranking member of the Banking Com- fects or other considerations that these businesses while maximizing the mittee as well as the majority and mi- ought to be incorporated as they issue intended benefits overall for small nority leadership because they are so their proposed rule. businesses. concerned about the underlying legis- The purpose of the panel process is This is not anything unique to what lation, the creation of this Consumer threefold, and this is from the SBA Of- we don’t already know about how im- Financial Protection Bureau, and how fice of Advocacy. First, the panel proc- portant the Regulatory Flexibility Act it will affect small businesses. I wish to ess ensures that small entities that is overall. Every agency is required to quote from their letter. It says that would be affected by a regulatory pro- consider the effect of any rule or law our amendment is: posal are consulted about the pending and how it is going to have implica- . . . an effort to prevent unintended con- action and offered an opportunity to tions on small businesses and two sequences by a new agency that could harm provide information on its potential ef- agencies—the EPA and OSHA—are re- the small business sector . . . and provides fect. Second, a panel can develop, con- quired to establish advisory panels assurance that small business access to cred- sider and recommend less burdensome when it is determined rules are going it is a top consideration by Bureau officials alternatives to a regulatory proposal to be issued that have consequences on as they take on the important task of over- when warranted. Finally, the rule- seeing our financial sector. small businesses and that gives them making agency has the benefit of input the opportunity to have input into the Just to give you another indication from both real-world small entities and of how supportive and how important process before this bureau issues those the panel’s report and analysis prior to rules. these advisory panels are—the ones publication. that would be created in order to re- Doesn’t it make sense? It saves ev- I think it makes a great deal of view the regulations that would be erybody a lot of aggravation, a lot of sense. It is reasonable, it is logical, and issued by this bureau—this would be money, a lot of energy that would have it averts any unintended consequences before they issue the proposed rule to be devoted in the rulemaking proc- in the onset of the process rather than that these advisory panels would be ess after they issue the proposal rather waiting to see how well it takes effect, created—this has occurred under EPA than before they issue the proposal for and then we discover that, in fact, it as well as OSHA since 1996. To give an the rulemaking process. depresses the ability of small busi- illustration of the rules that have been It clearly does make sense and that nesses to create jobs or to survive. reviewed through these advisory panels is why it has worked so well for EPA So I hope we can get very strong sup- that are created—within a 60-day pe- and OSHA and that is why it will work port for this legislation. I am very ap- riod, I might add, they would be re- well under this circumstance and most preciative of the work of my colleague, quired to report to the bureau on their especially during these times when we Senator PRYOR, with whom I work on assessment of any particular rule be- are creating this bureau that will have the Small Business Committee. He fore they propose and issue that rule so a wide-ranging effect on financial insti- does a great job and has provided a we can understand the ramifications. tutions all across this country that ul- great deal of input into the drafting of The EPA has issued rules that created timately will affect the more than 30 this legislation, and I appreciate his an advisory panel on groundwater, million small businesses, because 42 leadership. I appreciate the fact that it radon and drinking water, arsenic and percent of them depend on personal is done on a bipartisan basis because I drinking water, and diesel fuel require- credit cards for credit. We want to think we all recognize the pivotal role ments, just to give an illustration. make sure we are considering the con- small businesses play in today’s econ- Since 1996, these advisory panels, as sequences of anything that is done. omy and will certainly depend on play- the SBA Office of Advocacy has indi- Also, the downstream effect of bank ing a critical role in the future. cated in their materials, has provided regulations would be considered as well extremely valuable information on the as a potential effect of a regulation by I ask unanimous consent to have real-world impact—and that is impor- this bureau. When banking practices printed in the RECORD a report regard- tant to understand, the real-world im- are restricted, they do not just affect ing the Regulatory Flexibility Act. pact, when a small business has to di- consumers, they also affect small busi- There being no objection, the mate- gest and to live by and to implement nesses—higher capital requirements rial was ordered to be printed in the any rules and regulations issued by tighten the availability of credit for RECORD, as follows:

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Date Report NPRM 1 Final rule Rule title convened completed published published

Environmental Protection Agency Nonroad Diesel Engines ...... 03/25/97 ...... 05/23/97 ...... 09/24/97 ...... 10/23/98 Industrial Laundries Effluent Guideline 2 ...... 06/06/97 ...... 08/08/97 ...... 12/12/97 ...... Stormwater Phase ...... 06/19/97 ...... 08/07/97 ...... 01/09/98 ...... 12/08/99 Transportation Equipment Cleaning Effluent Guideline ...... 07/16/97 ...... 09/23/97 ...... 06/25/98 ...... 08/14/00 Centralized Waste Treatment Effluent Guideline ...... 11/06/97 ...... 01/23/98 ...... 09/10/03 ...... 12/22/00 ...... 01/13/99 ...... Underground Injection Control Class V Wells ...... 02/17/98 ...... 04/17/98 ...... 07/29/98 ...... 12/07/99 Ground Water ...... 04/10/98 ...... 06/09/98 ...... 05/10/00 ...... 11/08/06 Federal Implementation Plan (FIP) for Regional Nitrogen Oxides Reductions ...... 06/23/98 ...... 08/21/98 ...... 10/21/98 ...... 04/28/06 Section 126 Petitions ...... 06/23/98 ...... 08/21/98 ...... 09/30/98 ...... 05/25/99 Radon in Drinking Water ...... 07/09/98 ...... 09/18/98 ...... 11/02/99 ...... Long Term 1 Enhanced Surface Water Treatment ...... 08/21/98 ...... 10/19/98 ...... 04/10/00 ...... 01/14/02 Filter Backwash Recycling ...... 08/21/98 ...... 10/19/98 ...... 04/10/00 ...... 06/08/01 Light Duty Vehicles/Light Duty Trucks Emissions and Sulfur in Gasoline ...... 08/27/98 ...... 10/26/98 ...... 05/13/99 ...... 02/10/00 Arsenic in Drinking Water ...... 03/30/99 ...... 06/04/99 ...... 06/22/00 ...... 01/22/01 Recreational Marine Engines ...... 06/07/99 ...... 08/25/99 ...... 10/05/01 ...... 11/08/02 ...... 08/14/02 ...... Diesel Fuel Sulfur Control Requirements ...... 11/12/99 ...... 03/24/00 ...... 06/02/00 ...... 01/18/01 Lead Renovation and Remodeling Rule ...... 11/23/99 ...... 03/03/00 ...... 01/10/06 ...... Metals Products and Machinery Effluent Guideline ...... 12/09/99 ...... 03/03/00 ...... 01/03/01 ...... 05/13/03 Concentrated Animal Feedlots Effluent Guideline ...... 12/16/99 ...... 04/07/00 ...... 01/12/01 ...... 02/12/03 Reinforced Plastics Composites ...... 04/06/00 ...... 06/02/00 ...... 08/02/01 ...... 04/21/03 Stage 2 Disinfectant Byproducts Long Term 2 Enhanced Surface Water Treatment ...... 04/25/00 ...... 06/23/00 ...... 08/11/03 ...... 01/04/06 ...... 08/18/03 ...... 01/05/06 Nonroad Large Spark Ignition Engines, Recreational Land Engines, Recreational Marine Gas Tanks, and Highway Mo- 05/03/01 ...... 07/17/01 ...... 10/05/01 ...... 11/08/02 torcycles...... 08/14/02 ...... Construction and Development Effluent Guidelines 3 ...... 07/16/01 ...... 10/12/01 ...... 06/24/02 ...... 11/28/08 ...... Aquatic Animal Production Industry ...... 01/22/02 ...... 06/19/02 ...... 09/12/02 ...... 08/23/04 Lime Industry—Air Pollution ...... 01/22/02 ...... 03/25/02 ...... 12/20/02 ...... 01/05/04 Nonroad Diesel Emissions—Tier IV Rules ...... 10/24/02 ...... 12/23/02 ...... 05/23/03 ...... 06/29/04 Cooling Water Intake Structures—Phase III Facilities ...... 02/27/04 ...... 04/27/04 ...... 11/24/04 ...... 06/15/06 Section 126 Petition (2005 Clean Air Implementation Rule—CAIR) ...... 04/27/05 ...... 06/27/05 ...... 08/24/05 ...... 04/28/06 Federal Implementation Plan for Regional Nitrogen Oxides (2005 CAIR) ...... 04/27/05 ...... 06/27/05 ...... 08/24/05 ...... 04/28/06 Mobile Source Air Toxics ...... 09/07/05 ...... 11/08/05 ...... 03/29/06 ...... 02/26/07 Nonroad Spark-ignition Engines/Equipment ...... 08/17/06 ...... 10/17/06 ...... 05/18/07 ...... 10/08/08 Total Coliform Monitoring Rule (TCR) ...... 01/31/08 ...... 03/31/08 ...... Renewable Fuel Standards 2 (RFS2) ...... 07/09/08 ...... 09/05/08 ...... 05/26/09 ...... Occupational Safety and Health Administration Tuberculosis 4 ...... 09/10/96 ...... 11/12/96 ...... 10/17/97 ...... Safety and Health Program Rule ...... 10/20/98 ...... 12/19/98 ...... ** ...... Ergonomics Program Standard ...... 03/02/99 ...... 04/30/99 ...... 11/23/99 ...... 11/14/00 Electric Power Generation, Transmission, and Distribution ...... 04/01/03 ...... 06/30/03 ...... 06/15/05 ...... Confined Spaces in Construction ...... 09/26/03 ...... 11/24/03 ...... 11/28/07 ...... Occupational Exposure to Respirable Crystalline Silica Dust ...... 10/20/03 ...... 12/19/03 ...... Cranes and Derricks in Construction ...... 08/18/06 ...... 10/17/06 ...... 10/09/08 ...... Occupational Exposure to Hexavalent Chromium ...... 01/03/04 ...... 04/20/04 ...... 10/04/04 ...... 02/28/06 Occupational Exposure to Beryllium ...... 09/17/07 ...... 01/15/08 ...... Occupational Exposure to Diacetyl ...... 05/05/09 ...... 07/02/09 ......

1 Notice of Proposed Rulemaking (NPRM) published in the Federal Register. 2 Proposed rule was withdrawn August 18, 1999. EPA does not plan to issue a final rule. 3 Proposed rule was withdrawn on April 26, 2004. EPA issued a new proposal November 28, 2008. 4 Proposed rule was withdrawn on December 31, 2003. OSHA does not plan to issue a final rule. ** In process.

CHAPTER 41—REGULATORY PANELS HOW IS THE DECISION TO HOLD A SBREFA PANEL The panel solicits information and advice In 1996, SBREFA amended the RFA to in- MADE? from small entity representatives (SERs), who are individuals that represent small en- clude a number of important provisions. One For each proposed rule, the RFA requires tities affected by the proposal SERs help the of those was section 609, which requires, that an agency either certify that the pro- panel better understand the ramifications of among other things, that certain agencies posal has no significant economic impact on the proposed rule. Invariably, the participa- conduct special outreach efforts to ensure a substantial number of small entities, or tion of SERs provides extremely valuable in- that small entity views are carefully consid- prepare an initial regulatory flexibility anal- formation on the real-world impacts and ered prior to the issuance of a proposed rule. ysis (IRFA) on the proposal. Whenever EPA compliance costs of agency proposals. This outreach is accomplished through the or OSHA determines that a regulatory pro- posal may have a significant economic im- The law requires that a SBREFA panel be work of small business advocacy review pan- convened and complete its report with rec- els, often referred to as SBREFA panels. pact on a substantial number of small enti- ties, the law further requires that the agency ommendations within a 60-day period. The WHO MUST HOLD SBREFA PANELS? convene a SBREFA panel. This SBREFA formal panel process begins with the con- vening of the panel by the rulemaking agen- The statute requires that the Environ- panel outreach must take place before the cy. The date is normally fixed after consulta- mental Protection Agency (EPA) and the Oc- publication of the proposed rule. SBREFA tion with both Advocacy and OIRA. Before cupational Safety and Health Administra- panels are required for all EPA and OSHA convening, the three agencies usually work tion (OSHA) evaluate their regulatory pro- rules for which an IRFA is required. How- together to discuss regulatory alternatives posals to determine whether SBREFA panels ever, the Chief Counsel for Advocacy may waive the panel requirement upon the re- and their advantages and disadvantages. The should be convened. The requirement for rulemaking agency usually has preliminary SBREFA panels may appear to impose addi- quest of EPA or OSHA under certain condi- tions. To waive the panel requirement, the discussions with small entities about its tional steps for EPA and OSHA in their rule- draft proposal before the panel is formally making processes. However, the panel proc- Chief Counsel must find that convening a panel would not advance the effective par- convened. These preparations ensure that ess only formalizes the outreach require- the panel process can be completed during ments and analyses that the Administrative ticipation of small entities in the rule- making process. Section 609(e) of the RFA the statutorily specified 60-day period. Procedure Act and the RFA already mandate The product of a SBREFA panel’s work is lays out several factors in making this deter- for all new rules that affect small businesses. its panel report on the regulatory proposal mination, including consideration of wheth- Any additional work that may be needed in under review. The panel completes its final er small entities have already been consulted this special early outreach effort should be report, including its recommendations, early in the rulemaking process and whether spe- offset by time saved at the other end of the in a rule’s developmental stages, so that the cial circumstances warrant the prompt regulatory process. When problems are re- agency has the benefit of the report’s find- issuance of a rule. solved before a proposed rule is published, ings prior to publication of a proposed rule. objections from the public are reduced. Expe- HOW DOES A SBREFA PANEL WORK? The panel report also becomes part of the of- rience has shown that the panel process re- A SBREFA panel consists of a representa- ficial docket for the proposed rule. sults in better rules, better compliance and tive or representatives from the rulemaking The purpose of the panel process is three- reduced litigation. In at least one instance, agency, the Office of Management and Budg- fold. First the panel process ensures that EPA withdrew a regulatory proposal based et’s Office of Information and Regulatory Af- small entities that would be affected by a on work performed in connection with the fairs (OIRA) and the Chief Counsel for Advo- regulatory proposal are consulted about the panel process. cacy. pending action and offered an opportunity to

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.002 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3681 provide information on its potential effects. and there are many other Federal Here is an e-mail from a UBS banker Second, a panel can develop, consider, and agencies—can create rules and rela- warning Standard & Poor’s not to recommend less burdensome alternatives to tions that actually choke off business make it harder to get high credit rat- a regulatory proposal when warranted. Fi- opportunities for entrepreneurs and for ings. This is a UBS banker, talking to nally, the rulemaking agency has the benefit of input from both real-world small entities small businesses. the credit rating agency: and the panel’s report and analysis prior to So I am proud to join my friend and Heard you guys are revising your residen- publication. colleague from Maine on this amend- tial [mortgage backed security] rating meth- odology. . . . Heard your ratings could be 5 SUGGESTED SBREFA PANEL TIMELINE ment, and I would encourage other col- notches back of mo[o]dy’s equivalent. This is The RFA provides that the formal panel leagues to look at this amendment, look at the text of the amendment. I going to kill your [residential business]. It process must be concluded within 60 days may force us [UBS] to do moodyfitch only from the formal convening of the panel to have enjoyed working with the Senator cdos. the completion of its report. Experience has from Maine, over the last few years, The Standard & Poors manager who shown that the panel process works best if when it comes to trying to help small received the e-mail asked a colleague, agencies and panel members accomplish as businesses. much preliminary work as possible before With that, I yield the floor. ‘‘[A]ny truth to this?’’ The response: the formal convening of the panel. A sug- We put out some criteria a couple of weeks AMENDMENT NO. 3808 gested timeline follows, although panel ago that we will begin to use for deals clos- members have flexibility to adjust their pre- The PRESIDING OFFICER. The Sen- ing in July. . . . We certainly did not intend panel work schedules to ensure the best out- ator from Michigan. to do anything to bump us off a significant come for each individual rule. Mr. LEVIN. Madam President, I come amount of deals. Ms. SNOWE. Madam President, I to the floor to support the amendment They are worried about their deals. yield the floor and now also yield to of the Senator FRANKEN, amendment They are worried about their bottom the Senator from Arkansas. No. 3808, along with his cosponsors. line. The country worries about wheth- The PRESIDING OFFICER. The Sen- This will address a major unresolved er those AAA ratings are real. ator from Arkansas. cause of the financial meltdown. Here is another example, called Mr. PRYOR. Madam President, at The cause which this amendment fo- Vertical ABS. A major bank asks this point I wish to thank my colleague cuses on is the flawed and inaccurate Standard & Poor’s and Moody’s to rate from the State of Maine. She has been credit ratings that labeled poor-quality one of these financial instruments. The a great leader in small business mat- mortgage-backed securities and high- bank refused to cooperate with the an- ters. She and I serve on the Small Busi- risk collateralized debt obligations as alysts—so the bank is not working ness Committee together, and we have AAA investments. AAA means they with the analysts at Standard & Poor’s been working for, I guess, 3 years now were on par, in the view of these rating and Moody’s to rate a CDO. One ana- on the Regulatory Flexibility Act and agencies, with U.S. Treasurys. Inves- lyst now is complaining to another, in- other related efforts to try to make tors from pension funds, to univer- side of this credit rating agency. sities, municipalities, insurance com- sure the proper environment exists in Don’t see why we have to tolerate lack of panies, and more lost hundreds of bil- America for small businesses to thrive cooperation. Deals likely not to perform. lions of dollars, in part, because of and for entrepreneurs to be successful. ‘‘Deals likely not to perform,’’ one This amendment would make certain these ratings. analyst inside to another. That is Ex- How did the credit rating agencies that key provisions of the Regulatory hibit 94b, by the way, if anyone wants get it so wrong? A big part of the an- Flexibility Act, which require that to look it up. swer—one that would be remedied by Federal agencies fully consider during Despite the analyst’s judgment that the Franken amendment—is the inher- the rulemaking process the economic financial instrument, that CDO, was ent conflict of interest that now per- impact on small firms, would apply to unlikely to perform, both Moody’s and meates the credit rating industry. I am the CFPB created in the bill offered by Standard & Poor’s rated it, giving AAA going to read from a few e-mails we un- ratings to the four top levels of that Senator DODD. This amendment would covered and disclosed at our hearings. particular CDO. What happened? Six ensure that the newly created CFPB, We had long hearings. We have been in- months later both agencies downgraded when it is promulgating its rules and vestigating this economic meltdown that financial instrument and it later regulations, fully consider the eco- that we had—the financial meltdown— collapsed. nomic impact those rules and regs for about a year and a half. One of the One more example. In June 2007, a would impose on our Nation’s almost 30 four hearings we had was looking at Moody’s analyst sent an email to a million small firms, which have cre- the credit rating agencies—looking at Merrill Lynch banker stating that he ated 64 percent of all the new jobs in Standard & Poor’s, looking at could not finalize a rating until the this country over the last 15 years and, Moody’s—and looking through their issue of fees was resolved. The Merrill undoubtedly, will drive this Nation’s documents, which we subpoenaed, lit- Lynch banker responded: ‘‘We are okay economic recovery. erally, by the millions. with the revised fee schedule for this The last point I wish to make before Listen to some of these e-mails, and transaction. We are agreeing to this I make a few closing comments is the we want to focus on what this conflict under the assumption that this will not fact that we, as the Senate and as the of interest is. If you want to get a feel be a precedent for any future deals and House, should be aware and should ad- for how it is that the credit rating that you will work with us further on dress the fact that onerous regulations agencies are being paid by the very this transaction to try to get to some can crush entrepreneurial spirit for people whose financial instruments middle ground with respect to the rat- America’s small businesses. In 2009 they are doing the ratings of, listen to ings.’’ Moody’s assured the Merrill ana- alone—last year—during a recession, just a few of these e-mails which we lyst that its deal analysis was inde- there were close to 70,000 pages added got. pendent from its fees, but it is clear as to the Federal Register of new regula- One Standard & Poor’s analyst wrote glass what is going on here. That is Ex- tions. The annual cost of complying that a ratings model that could have hibit 23 from our hearing. with Federal regulations totals about been released months before wasn’t be- It is past time to tackle the conflicts $1.1 trillion. cause we had to massage the subprime problem. This bill is the right legisla- I am not saying we should end all numbers; if ‘‘we didn’t have to massage tion, and the Franken amendment regulation. I think most of these—or at the sub-prime . . . numbers to preserve takes the problem head on. It would di- least a lot of these—make a lot of sense market share.’’ rect the SEC to create a self-regulatory and there are good reasons for a lot of Inside Standard & Poor’s you have organization, a clearinghouse or SRO, them. But we have to be careful and we their analysts saying we had to mas- to develop a method of assigning credit have to understand the impact that sage the numbers on this financial doc- rating agencies to provide initial rat- these regulations have on small busi- ument. Why? Not because the rating ings to structured finance products. nesses. We want our small businesses required it or because the merits re- The entity would have the discretion to thrive. We want our small busi- quired it, but in order to preserve their to develop its own methodology for as- nesses to be successful. If we are not market share they were massaging the signment—it could use a rotating sys- careful, an agency such as the CFPB— subprime numbers. tem or a formula, just as long as the

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.003 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3682 CONGRESSIONAL RECORD — SENATE May 13, 2010 issuer doesn’t get to choose the rater. sense fix, that we hope to offer later or AMENDMENT NO. 3991 It wouldn’t set prices or issue ratings, have incorporated into a managers The PRESIDING OFFICER. Under it would just act as an intermediary amendment. the previous order, the question is on between issuers and raters. In addition, In the meantime, I urge my col- agreeing to the Franken amendment. it could increase the number of assign- leagues to vote in support of the much- Mr. KYL. I ask for the yeas and nays. ments to a particular credit rating needed Franken amendment to elimi- The PRESIDING OFFICER. Is there a agency, based on that agency’s past nate the inherent conflicts of interest sufficient second? performance, or decrease assignments that now infest the credit rating indus- There appears to be a sufficient sec- in the case of poor performance, cre- try. ond. ating a key incentive for accurate rat- I know the leader is trying to get on The clerk will call the roll. ings. with votes, but I want to alert col- The assistant legislative clerk called The amendment would also permit leagues that our hearings, based on a the roll. issuers to go to whichever credit rating 11⁄2 year investigation, looked at one of Mr. DURBIN. I announce that the agency they wanted for second or third the major causes of this collapse. One Senator from West Virginia (Mr. BYRD) ratings. of the major causes was because our is necessarily absent. I commend Senator FRANKEN for this credit rating agencies were interested The PRESIDING OFFICER. Are there far-sighted effort to correct the con- in their bottom lines instead of getting any other Senators in the Chamber de- flicts problem. If we don’t fix it now, accurate ratings for the financial in- siring to vote? we are going to be right back here with struments, which our universities, our The result was announced—yeas 64, another financial crisis fueled by inac- pension funds were buying. nays 35, as follows: curate, conflicts-ridden credit ratings. The Franken amendment corrects it. [Rollcall Vote No. 146 Leg.] I want to note that, while this It requires that this conflict of interest YEAS — 64 amendment attacks the most impor- be ended. It does not just study it, it Akaka Franken Murray tant problem with CRAs, there are a requires an end to the conflict of inter- Baucus Gillibrand Nelson (FL) number of other problems that also est by allowing the Securities and Ex- Begich Graham Pryor need to be addressed in the credit rat- Bennet Grassley Reid change Commission to identify an Bingaman Hagan ing agency area. To me, the most im- Risch independent intermediary who will put Boxer Harkin Rockefeller portant remaining problem is elimi- a process in place to end this conflict Brown (MA) Inouye Sanders nating the current statutory ban that Brown (OH) Johnson Schumer of interest. I commend Senator Burris Kaufman Shaheen prevents real SEC oversight. This is FRANKEN for his amendment. Cantwell Kerry Snowe what current law says right now in 15 Cardin Klobuchar The PRESIDING OFFICER. The ma- Specter U.S.C. section 78o–7(c)(2): Carper Kohl jority leader. Casey Landrieu Stabenow Notwithstanding any other provision of Mr. REID. Madam President, I appre- Cochran Lautenberg Tester law, neither the Commission nor any State ciate my friend from Michigan yielding Collins Leahy Udall (CO) (or political subdivision thereof) may regu- Conrad Levin Udall (NM) late the substance of credit ratings or the the floor. I appreciate the statement. I Crapo Lincoln Warner procedures and methodologies by which any appreciate the work the Subcommittee Dorgan McCaskill Webb nationally recognized statistical rating orga- on Investigations has done and I appre- Durbin Menendez Whitehouse nization determines credit ratings. ciate the work his Permanent Sub- Ensign Merkley Wicker Feingold Mikulski Wyden To me, that statutory ban against committee on Investigations has done. Feinstein Murkowski They have done remarkably good work. looking at the substance of a rating or NAYS—35 the procedures or methodologies used I ask unanimous consent the Senate Alexander DeMint Lugar to produce that rating is absurd. It now proceed to vote in relation to the Barrasso Dodd McCain ought to be eliminated. We can’t give following amendments in the order Bayh Enzi McConnell the SEC the responsibility for over- listed; that no amendments be in order Bennett Gregg Nelson (NE) to any of the amendments covered in Bond Hatch Reed seeing credit rating agencies and then Brownback Hutchison this agreement: Franken amendment Roberts prevent them from looking at the sub- Bunning Inhofe Sessions stance of a rating or the procedures or No. 3991; LeMieux amendment No. 3774, Burr Isakson Shelby Chambliss Johanns methodologies used to produce that as modified, and as a side-by-side to Thune Coburn Kyl Vitter rating. No. 3991; provided further that after the Corker LeMieux Voinovich I have introduced an amendment first vote in the sequence, the remain- Cornyn Lieberman with Senator KAUFMAN that would ing vote be limited to 10 minutes; and NOT VOTING—1 eliminate that statutory provision and that there be 2 minutes of debate Byrd direct the SEC to set standards and ex- equally divided and controlled prior to ercise oversight of credit rating agency the second vote; further, that at the The amendment (No. 3991) was agreed procedures and methodologies, includ- conclusion of these votes, Senator to. ing qualitative and quantitative data KAUFMAN be recognized for a period of The PRESIDING OFFICER. The Sen- and models, to ensure that the ratings 5 minutes as in morning business; that ator from Massachusetts. have a reasonable basis in fact and at the conclusion of his remarks, the VISIT TO THE SENATE BY PRESIDENT HAMID analysis. Given the overwhelming evi- Senate then stand in recess until 2 KARZAI OF AFGHANISTAN dence at our hearing about basic flaws p.m.; that at 2 p.m. there be a period of Mr. KERRY. Madam President, we in the rating models, how the models morning business, in which Senators are currently being visited in Wash- were tweaked to help clients, and how MENENDEZ, LAUTENBERG, and NELSON of ington by the President of Afghani- the models were ignored when agencies Florida be permitted to speak on the stan. He has been in the Senate en- wanted to inflate ratings, it defies subject of S. 3305 and make a unani- gaged in a luncheon with Senators. I common sense to prohibit the SEC mous consent request upon the subject; ask unanimous consent that the Presi- from looking at the models and the that immediately thereafter the Sen- dent of Afghanistan, Hamid Karzai, be procedures. ate resume the consideration of S. 3217 permitted the privilege of coming on The Levin-Kaufman amendment and there be 5 minutes debate remain- the floor to be greeted by the Senate, would also preclude the credit rating ing in order to the Sessions amend- together with his Ministers who are agencies from relying on due diligence ment No. 3832, with the time equally here for a series of important meetings. that they had reason to believe was divided and controlled in the usual The PRESIDING OFFICER. Without wrong. Our investigation showed that form; that upon the use or yielding objection, it is so ordered. the credit rating agencies knew that back of time, the Senate proceed to [Applause.] they were relying on bad information vote in relation to the Sessions amend- AMENDMENT NO. 3774, AS MODIFIED because of the rampant fraud and weak ment. The PRESIDING OFFICER (Mr. underwriting standards, and this led to The PRESIDING OFFICER. Without BURRIS). Under the previous order, bad ratings. Again, this is a common- objection, it is so ordered. there are 2 minutes of debate equally

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.004 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3683 divided on the LeMieux amendment Thune Vitter Wicker issue for so many Americans, and I am No. 3774. Udall (CO) Voinovich Wyden not just speaking about it because my Who yields time? NAYS—38 friend and predecessor, JOE BIDEN, the The Senator from Florida. Akaka Gillibrand Nelson (FL) Vice President, has shared his story— Baucus Hagan Pryor Mr. LEMIEUX. Mr. President, this his incredible story—of overcoming Bingaman Harkin Reed stuttering. This is a personal issue for Chamber just supported and voted for Brown (OH) Inouye Rockefeller the Franken amendment. My measure Burris Johnson Schumer me because stuttering runs in my goes further. My measure says we are Cardin Kerry Shaheen wife’s family, and I have been around Carper Kohl going to write these rating agencies Stabenow people who stutter for many years. Casey Lautenberg Tester Conrad Leahy When my wife Lynne was a child, her out of the law. We should not reward Udall (NM) Dodd Lieberman parents took her to a therapist for her bad behavior. There are other ways to Warner Durbin Merkley Webb stuttering, who recommended immo- determine creditworthiness. There will Feinstein Mikulski be a 2-year period to figure that out. Franken Nelson (NE) Whitehouse bilizing her right arm with a solid tube. At that time, the theory was that There is a better way to solve this NOT VOTING—1 problem. These rating agencies were if she were forced to learn to write responsible for this debacle. Byrd using her left hand instead of her right, I yield the remainder of my time to The amendment (No. 3774), as modi- she could somehow be distracted from my colleague, Senator CANTWELL. fied, was agreed to. her stuttering. Suffice it to say, the Ms. CANTWELL. Mr. President, this The PRESIDING OFFICER. The Sen- tube did not work. She is just one ex- language was also offered in the House ator from Delaware is recognized. ample of what stutterers have histori- cally had to endure. Thankfully, today by our colleague, BARNEY FRANK. It is f there are great treatment options appropriate that we don’t require Fed- STUTTERING AWARENESS WEEK available from licensed professionals. eral agencies to just rely on these rat- 2010 I am glad—very, very glad—there are ing agencies. It is critical that agen- Mr. KAUFMAN. Mr. President, I rise cies such as the FDIC and the Comp- great organizations, such as the Na- today to mark National Stuttering tional Stuttering Association and oth- troller of the Currency use their discre- Awareness Week. tion to come up with appropriate ers, that are raising awareness on this Most of us take for granted the abil- important issue. There are important standards of creditworthiness and not ity to speak comfortably and fluently. rely on the monopoly of rating agen- steps all of us can take to help those All we have to do is think of words, and who stutter feel more confident and cies. I hope my colleagues will support they come out clearly. Introducing the amendment. comfortable speaking. I hope people ourselves in meetings, holding con- will go out and learn more about what The PRESIDING OFFICER. Who versations over the phone, ordering they can do themselves, especially if yields time in opposition? meals in restaurants—all of these are they know someone who stutters. The Senator from Connecticut. situations avoided by many people who In recognition of National Stuttering Mr. DODD. Briefly, my concern with stutter as a result of being self-con- Awareness Week, I have submitted a this amendment is we are replacing the scious. resolution to mark this observance. I rating agencies without having any- Approximately 3 million Americans am proud to say I am joined by 27 of thing in their place. I urge my col- stutter. Since President Ronald Rea- my colleagues in sponsoring this reso- leagues to vote no and yield back my gan’s proclamation in 1988, the second lution supporting the goals and ideals time. week in May has been observed as Na- of National Stuttering Awareness The PRESIDING OFFICER. The tional Stuttering Awareness Week. It Week 2010, and I thank them for their question is on agreeing to the amend- provides an opportunity for all of us— support. They include Senators ment. for all of us—to learn more about stut- BARRASSO, SHERROD BROWN, BURRIS, Mr. ENSIGN. I ask for the yeas and tering and ways to help those who stut- CARDIN, CARPER, CANTWELL, CASEY, nays. ter. CORNYN, DURBIN, ENZI, GREGG, HAGAN, The PRESIDING OFFICER. Is there a We have all encountered people who ISAKSON, LEMIEUX, LEVIN, MIKULSKI, sufficient second? stutter. Contrary to popular mis- PRYOR, REED, RISCH, SESSIONS, There appears to be a sufficient sec- conception, stuttering is not a result of SHAHEEN, SNOWE, STABENOW, TESTER, ond. nervousness or emotional problems. It WARNER, WHITEHOUSE, and TOM UDALL. The clerk will call the roll. is not the fault of those who do it or of Mr. President, I ask unanimous con- The bill clerk called the roll. their families and friends. Stuttering is sent that the Senate proceed to the im- Mr. DURBIN. I announce that the a speech disorder that is neurological mediate consideration of S. Res. 524, Senator from West Virginia (Mr. BYRD) and physiological. The cause to this submitted earlier today. is necessarily absent. day remains unknown, but a recent The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there study indicates the likelihood that clerk will report the resolution by any other Senators in the Chamber de- stuttering may be genetic. title. siring to vote? While there is currently no cure, The bill clerk read as follows: there are many treatment options The result was announced—yeas 61, A resolution (S. Res. 524) supporting the available. Children usually begin stut- nays 38, as follows: goals and ideals of National Stuttering tering between the ages of 2 and 5, and Awareness Week 2010. [Rollcall Vote No. 147 Leg.] parents should not wait to seek treat- There being no objection, the Senate YEAS—61 ment from a doctor or speech language proceeded to consider the resolution. Alexander Crapo Levin pathologist. Early therapies have been Mr. KAUFMAN. Mr. President, I ask Barrasso DeMint Lincoln shown to help reduce stuttering. unanimous consent that the resolution Bayh Dorgan Lugar Those who continue to stutter in Begich Ensign McCain be agreed to, the preamble be agreed Bennet Enzi McCaskill adulthood often face social and eco- to, the motions to reconsider be laid Bennett Feingold McConnell nomic difficulties. Unfortunately, ac- upon the table, with no intervening ac- Bond Graham Menendez cording to a 2009 study by the National tion or debate, and that any state- Boxer Grassley Murkowski Brown (MA) Gregg Stuttering Association, 40 percent—40 ments related to the resolution be Murray Brownback Hatch percent—of adults and teenagers who Reid printed in the RECORD. Bunning Hutchison Risch stutter said they were denied a job or The PRESIDING OFFICER. Without Burr Inhofe Cantwell Isakson Roberts denied a promotion or denied a school objection, it is so ordered. Chambliss Johanns Sanders opportunity as a result. Furthermore, 8 The resolution (S. Res. 524) was Coburn Kaufman Sessions out of 10 children who stutter have re- agreed to. Cochran Klobuchar Shelby ported being bullied and teased. The preamble was agreed to. Collins Kyl Snowe Corker Landrieu Specter I am not just speaking about stut- The resolution, with its preamble, Cornyn LeMieux tering today because it is an important reads as follows:

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.022 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3684 CONGRESSIONAL RECORD — SENATE May 13, 2010 S. RES. 524 Thereupon, the Senate, at 1:23 p.m., States, and local and Federal govern- Whereas an estimated 3,000,000 Americans recessed until 2 p.m. and reassembled ments will not bail out big oil polluters are affected by stuttering; when called to order by the Presiding for this spill or any other. Whereas stuttering is a communication Officer (Mr. BURRIS). disorder experienced by children and adults This spill should serve as a rallying alike; f cry for holding big oil accountable for Whereas individuals who stutter frequently RESTORING AMERICAN FINANCIAL the damages of this disaster and any experience embarrassment, anxiety about STABILITY ACT OF 2010—Continued future one, but it should also be a ral- speaking, and physical tension in their lying cry to rethink expanding offshore The PRESIDING OFFICER. The Sen- speech muscles; drilling in places that are not already ator from New Jersey. Whereas many different types of stuttering open to offshore drilling, such as my exist, and the symptoms of stuttering can UNANIMOUS-CONSENT REQUEST—S. 3305 home State of New Jersey. Instead of range from mild to severe; Mr. MENENDEZ. Mr. President, I expanding drilling and doubling down Whereas the cause of stuttering is un- rise to discuss legislation I have of- on 19th century fuels, we should be in- known, but research suggests stuttering may fered with some of my colleagues here: be genetic; vesting in a new 21st century green The Big Oil Bailout Prevention Act. It Whereas stuttering commonly begins in economy that will create thousands of is legislation that would make abso- children between the ages of 2 and 5; new jobs, billions in new wealth, and lutely certain big oil polluters pay for Whereas parents are encouraged to consult help protect our oil and water from oilspills and the consequences of those with pediatricians or qualified speech-lan- pollution. guage pathologists as soon as stuttering be- spills, and not the American taxpayer, comes apparent in a child in order to take not small business owners, not States We will revisit that debate soon advantage of early-intervention therapies; or the Federal Government. enough, but for now I think we all Whereas it is known that stuttering is For some time now we have been told should be able to agree that when an not— oil company causes damage by spilling (1) a nervous disorder; by big oil companies that what is hap- (2) the result of emotional problems; or pening in the gulf simply couldn’t hap- oil into American waters, the oil com- (3) the fault of the individual who stutters pen; that it was impossible; that mul- pany bears the responsibility to pay for or the family of that individual; tiple redundant safety systems were in the damage it caused. My mom taught Whereas a 2009 survey by the National place to prevent it. Well, we have me growing up that when you mess up, Stuttering Association found that— learned there is no such thing as too you clean up, and you are responsible (1) 40 percent of adults and teenagers who for it. Oil companies should get that stutter feel that they have been denied a job, safe not to spill. Supposedly, the un- a promotion, or a school opportunity as a re- thinkable has happened, and not only message as well. This will help make sult of stuttering; and that, but it has happened before. gulf communities whole and it will pro- (2) 8 out of 10 children who stutter report Last year in Australia, the Montara vide a stronger safety net for our com- being bullied or teased; oilspill began on August 21. By some munities along places such as the New Whereas many individuals who stutter do estimates, the spill sent over 80,000 gal- Jersey shore who are looking warily at not have access to qualified speech-language lons of oil a day into the waters off the future plans for drilling along the east pathologists or helpful resources; Whereas several treatments for stuttering coast of Australia. It was months be- coast. exist that can help individuals who stutter fore they could staunch the flow of oil, With that, Mr. President, I plan to learn to speak more easily and gain con- and it resulted in one of the largest en- ask unanimous consent on this issue, fidence in themselves and their ability to vironmental disasters in Australian but first I wish to yield to my other communicate effectively; history. We should have learned from colleagues who wish to speak on this Whereas organizations like the National that experience. But, no; we now have Stuttering Association have been working issue as well. I yield 5 minutes to Sen- the challenge before the Nation today. ator LAUTENBERG and then 5 minutes for many years to raise awareness about In comparison, the deepwater well that stuttering, the effect stuttering has on the to Senator NELSON. lives of individuals who stutter, available is leaking in the gulf is sending nearly 210,000 gallons of oil a day into the The PRESIDING OFFICER. The Sen- treatment options, and research being con- ator from New Jersey. ducted to investigate the causes of stut- gulf; over twice the flow from the Aus- tering; tralian spill; several million gallons al- Mr. LAUTENBERG. Thank you, Mr. Whereas, on April 13, 1988, the President of ready; and just like the Australian President. I thank my colleague for the United States signed a proclamation des- spill, it could take months to drill the initiation of this bill. It will protect ignating the week of May 9 through 16 of relief well. Two disasters in 1 year, yet the American taxpayers and say to big that year as National Stuttering Awareness big oil companies say over and over oil: You did it, you pay for it; that is Week; the way it goes. Whereas since 1988, individuals who stutter again that the technology was simply and the families and friends those individ- so safe, a spill such as this could never I was lucky. I had two lifetime expe- uals, as well as medical practitioners, speech happen. riences that have stayed with me. One language pathologists, researchers, and oth- The reality is much different than in- was growing up in a blue-collar family ers have marked the second week of May as dustry claims. There simply is no safe- where we worried almost daily about National Stuttering Awareness Week; and ty system too safe to fail and no rig how we would pay our bills. My father Whereas the goals of the National Stut- that is too safe not to spill. There is no was sick for 13 months before he died tering Awareness Week 2010 include increas- doubt the damages that will be caused ing awareness among the people of the at age 43 and we owed everybody—the United States about stuttering and edu- by this spill will be enormous. Unfortu- pharmacist, the hospitals, the doctors. cating the people of the United States about nately, Federal law sets a $75 million No insurance. No protection for the av- ways to improve the lives of those who stut- limit on how much an oil company has erage person. Then I was fortunate ter: Now, therefore, be it to pay for damages—not the cleanup; enough to be able to be engaged in a Resolved, That the Senate— that, they are clearly going to have to business with two other fellows who (1) supports the goals and ideals of Na- pay—but for the damages. So BP would tional Stuttering Awareness Week 2010; and had success beyond our wildest dreams. not have to pay more than a total of The company we started with nothing (2) encourages all of the people of the $75 million to small businesses from United States to learn more about stuttering now has 46,000 employees in 26 coun- and ways to help individuals who stutter feel lost revenues for fishing, tourism, dam- tries, headquartered in New Jersey, of more confident and comfortable speaking age to the environment, the coastline, course. with others. or the lost tax revenues of State and local governments. I learned something in those experi- Mr. KAUFMAN. Thank you, Mr. ences. I learned that if you fouled up, President. I yield the floor. That is why, along with Senators NELSON and LAUTENBERG, I have intro- you were responsible for cleaning up, f duced the Big Oil Bailout Prevention as mentioned by Senator MENENDEZ. RECESS Act to raise the liability cap for off- The American people want those re- The PRESIDING OFFICER. Under shore oil well spills from $75 million to sponsible for doing dirt to clean up the previous order, the Senate stands $10 billion. That will make sure that that mess, just as families do in their in recess until 2 p.m. taxpayers, small business owners, own lives. But the oil executives and

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.008 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3685 their lobbyists don’t see things that of Mexico off the Yucatan Peninsula, never gets to that. Thus far, nothing way. They want to continue gouging into the northern Gulf of Mexico, and has worked because those backoff safe- the public whom they have by the tank because of the rotation of the Earth, it ty systems did not work. and by the throat. They want to con- causes it to come around to the east The PRESIDING OFFICER. The Sen- tinue to accrue billion dollar profit and then flows south. That loop cur- ator’s time has expired. gains year after year and leave the rent comes right around the Florida The Senator from New Jersey. American family, the average Amer- Keys and becomes the gulf stream. It Mr. MENENDEZ. Mr. President, in ican family, stretching daily to pay hugs the Florida Keys and the south- view of the fierce urgency of now, there their bills. east coast of Florida—and when I say is harm already being levied upon these Look at this. The profits of the big hug it, I mean right off the coast—all communities, commercial fishermen, oil companies in the last quarter alone the way up to the middle of the penin- tourism, and others, and because $75 are so astounding they are almost un- sula of Florida at Fort Pierce. There it million is less than 1 day of BP profits, imaginable. BP had a $5.6 billion profit leaves the coast a little bit, but follows I ask unanimous consent that the En- quarter, a gain of $3.2 billion over last the coast all the way up to Cape Hat- vironment and Public Works Com- year when America was still in some teras, NC, where it leaves the coast of mittee be discharged from further con- significant economic problems. Exxon, the United States and goes across the sideration of S. 3305, the Big Oil Bail- by way of example, had a $6.3 billion Atlantic to Scotland. It is the old gulf out Prevention Liability Act of 2010, profit quarter. It goes beyond, again, stream that the Spanish galleons used and that the Senate proceed to its con- the wildest imagination. to catch going back to Europe from sideration; that the bill be read three times, passed, and the motion to recon- We have to draw the line. Our Big their discoveries in the New World. Bailout Prevention Act would raise the Come back to the wind shifting. The sider be laid upon the table. The PRESIDING OFFICER. Is there damage cap for all oilspills from a mea- wind shift from the north coming south sly, a pittance, $75 million. My col- objection? brings that spill down to the loop cur- The Senator from Alaska. leagues heard me. We compared it to a rent. Last weekend, I had testimony by Ms. MURKOWSKI. Mr. President, re- $5.2 billion quarter—not a year, a quar- ocean specialists from the University serving the right to object. ter—and they want to hide behind a $75 of Miami who said that once that oil The PRESIDING OFFICER. The Sen- million cap on damages. Well, fortu- gets in the loop current, it will be at ator from Alaska. nately, we are here to say to the aver- the Florida Keys in 10 days. Eighty-five Ms. MURKOWSKI. Mr. President, I age working family: No, we are not percent of the live coral reefs of the do reserve the right to object, and I going to let them get away with your United States are in the Florida Keys. would like to take a few minutes this money. We are not going to let them The gulf stream goes right by those afternoon to explain why I will be ob- get away with walking away from this, delicate coral reefs. The gulf stream jecting to this unanimous consent re- hiding behind that ridiculous cap. It comes up and goes right by Miami, Key quest. could be called in the vernacular a spit Biscayne, Fort Lauderdale, West Palm I sat and listened to my three col- in the ocean, $75 million. So we can’t Beach, and as far north as Fort Pierce, leagues. I have great empathy for the afford to let those companies bail out, which is only about 10 miles offshore. concern they share. I share it as well. I especially when workers’ lives are at Can my colleagues imagine what this is represent a State that was devastated stake, the gulf environment hangs in going to do in economic damages? a little more than 20 years ago when the balance, and coastal communities We have been fortunate thus far that the Exxon Valdez hit the rocks. We are at risk. the winds have been from the east to lived with oil on our beaches. We know I challenge my colleagues, especially the west—fortunate for Florida, unfor- the economic impact. We know the so- those who on the other side of the aisle tunate for Louisiana—because that oil cial impact that a spill can cause. We have had a habit of saying no. If you is off all of those delicate bays and es- want to all be working together to en- want to say no to the taxpayers, say it tuaries where so much of the Gulf of sure that whether it is the devastation out loud. Say it out loud. But don’t try Mexico marine life is spawned. Sooner we see in the hotels in Florida or to protect the oil companies that are or later the winds are going to shift, whether it is the loss to the fishermen, stuffing profits so much that they are and they are going to go from the west that we ensure those who are respon- gorging themselves on it. They are like to the east. It is going to take that oil sible pay for the economic loss, for the pigs at the trough. down there off the world’s most beau- damages that are incurred. We are with The United States has seen too many tiful beaches and those bays and estu- my colleagues on this issue. oil spills, more than any other country aries where so much of marine life is The reason I stand and object at this in the world. It is time to end the spe- spawned that happens to be off of Flor- point in time is I do not believe that cial favors for big oil, get on the side of ida. taking the amount of the liability cap the American people, and make sure Let me tell you what the President of from $75 million, where it is currently, that when a catastrophe occurs, the the Hotel and Restaurant Association to $10 billion in strict liability, 133 American taxpayers don’t get the bill told me 2 days ago. This is the Hotel times the size of the current strict li- for the oil companies’ carelessness and and Restaurant Association of Florida. ability limit, is where we need to be recklessness. He said he had called a number of the right now. With that, I yield the floor. hotels on the northwest gulf coast of I am not just the only one who sug- The PRESIDING OFFICER. The Sen- Florida. This is the beginning of their gests that maybe we need to under- ator from Florida. season. He said normally they would be stand a little bit better as to how much Mr. NELSON of Florida. Mr. Presi- 85 percent occupied now. Their occu- we might need to look at raising the dent, if this gusher continues—and we pancy is 18 percent. Can you imagine limit. The administration, just yester- hope and pray that by some miracle the economic impact of this oilspill? day in their oilspill legislative pack- there is going to be some capping at What about the economic impact of age, has proposed an effort. Their pro- the seabed of this well that is spewing the lost sales tax to the State and local posal, would raise the caps on liability at least 5,000 barrels of oil a day—but if governments, the counties, and the cit- for the responsible parties. ‘‘The ad- this thing continues and it doesn’t stop ies that if they do not have all these ministration looks forward to working until they get the relief well, which is tourists coming to the beach, they are with Congress to develop levels for the another 3 months—one coming from not buying things, and there is less various caps that provide for substan- one side, one coming from the other revenue coming into the States. tial and proportional increases.’’ side, another 3 months—it is going to We start to see the picture of the Mr. LAUTENBERG. Will the Senator cover up the gulf coast. Then, as soon enormous economic damage, well over yield for a question? as the winds shift from the north com- and above the cost of the cleanup. That Ms. MURKOWSKI. If the Senator will ing south, it is going to take that big is why an artificial figure of—$75 mil- allow me to conclude, I will be happy spill about 90 miles to the south where lion cap is so artificially low. I am not to yield. the loop current is, which is a current sure $10 billion is going to be enough as I do think we need to look at the li- that comes up the west side of the Gulf a cap, but it was a target. Let’s hope it ability cap and consider raising it, but

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.025 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3686 CONGRESSIONAL RECORD — SENATE May 13, 2010 I think we need to be careful about un- Mr. MENENDEZ. Is that by order? what an oil company did. Lifting the li- intended consequences of picking a The PRESIDING OFFICER. It is by ability caps takes care of that cir- number, $10 billion. order. cumstance so you do not have to liti- Let me outline what I am talking Mr. MENENDEZ. Is debate on the gate in State courts and then go all the about when I say ‘‘unintended con- Sessions amendment now available? way to the Supreme Court and get sequences.’’ This has been named the The PRESIDING OFFICER. There is turned down at the end of the day. Big Oil Bailout Prevention Liability 5 minutes of debate in order on the Ses- The PRESIDING OFFICER. The Sen- Act. I think we have some irony in sions amendment, followed by a vote. ator’s time has expired. that what this would do is give all of Who yields time? The Senator from Alabama is recog- America’s offshore oil resources to the The Senator from Alabama. nized. biggest of big oil. It would be impos- Mr. SESSIONS. Mr. President, I ask AMENDMENT NO. 3832 sible, or perhaps close to impossible, unanimous consent—I think this has Mr. SESSIONS. Mr. President, I ap- for any energy company that is smaller been discussed on both sides—that we preciate the efforts of those who have than the supermajors, smaller than the have up to 30 minutes equally divided worked on this financial responsibility national oil companies, to operate in on this amendment before the vote. bill. I wish to say, however, that I do the OCS. Mr. President, $10 billion in The PRESIDING OFFICER. Is there not believe they have reached a suc- strict liability would preclude their objection? cessful conclusion, one that is prin- ability to obtain financing, to obtain Mr. MENENDEZ. Reserving the right cipled and lawful in describing and the bonds or insurance for any explo- to object, and I am not inclined to ob- mandating how a company that cannot ration. ject, what is the request? Thirty min- pay the bills should be dissolved. Look at who is producing in the off- utes instead of five minutes? Throughout America, hundreds of shore. It is the independents. They The PRESIDING OFFICER. Thirty thousands of businesses every day that produce two-thirds of the natural gas, minutes equally divided. are unable to pay their bills seek pro- one-third of the oil. If we move forward Is there objection? Without objec- tection, as they often call it, in bank- in raising this liability cap to $10 bil- tion, it is so ordered. ruptcy. All the claims against the com- lion, the only companies that are going Mr. MENENDEZ. Mr. President, if pany are stayed. A bankruptcy judge, to be able to self-insure against this the distinguished Senator from Ala- skilled in these matters, in an open, level of strict liability are the national bama will yield for a moment, since I public hearing, with witnesses under oil companies, the supermajors. And we chose not to object, would he allow me oath, determines whether the company all know who they are. There is the to take 2 minutes of our time just to has a realistic chance to survive and Saudi Aramco. There is Exxon. There follow the sequence of the previous dis- help structure the bankruptcy reorga- is the Chinese National Oil Company cussion so I will not interrupt the es- nization so it can survive, or it deter- and, of course, British Petroleum. sence of his amendment? mines that the company is unable to It has been mentioned a couple dif- survive, that it is unlikely they could ferent times now that we need to en- Mr. SESSIONS. I have no objection. Mr. MENENDEZ. I thank my distin- pay off their creditors and most likely sure that BP, as the responsible party, would only add to the debt, and they pays. The comment has been made that guished colleague. I appreciate what my colleague from Alaska had to say. close the company down. $75 million is not going to be sufficient. This is and has been the law in Amer- Here are a couple of problems with it. What people need to remember is ica since virtually the founding of the First of all, when we call these compa- that the cap on the strict liability only Republic. It is something that is prin- nies ‘‘independent drillers,’’ some of applies to what the responsible parties cipled, well settled as to how it occurs. have to pay back in the context of these independent drillers who are por- This legislation is the exact opposite, OPA, the Oil Pollution Act. The law trayed as small mom-and-pop, some of in a sense, it institutionalizes the expressly—expressly—allows for unlim- them are like $20 billion companies. So TARP process. Only now, they will not ited damages in State courts where they are not quite the mom-and-pop have to come to Congress, as they did compensatory and punitive damages view we have of small mom-and-pop this last time, over how to dissolve are already being sought. As we speak, businesses, No. 1. some big company. They will have too there have been numerous claims filed. If you drill, you need to be able to much power, in my view, in a sealed Back on April 28, the Louisiana pay for the damages because otherwise, proceeding—not public, not under shrimpers filed a class action lawsuit imagine if this particular spill had oath—too much like the last time against BP, Transocean, Halliburton, been done by a ‘‘small company.’’ Then when the Secretary of the Treasury and Cameron for their economic losses, who would be responsible just because meets in private meetings with bank- alleging negligence and seeking both they were too small? The risk is what ers and doles out billions and billions economic and punitive damages. has to be calculated. of dollars, puts $100 billion, $80 billion The State of Florida on May 10 an- Also I simply say, I have a problem in an insurance company, AIG, all nounced it had assembled a legal team saying the administration did not say without any accountability, all with- to file suit against BP. Then just 2 $10 billion is not the right figure by out any oversight, all without the kind days after that, on May 12, the fisher- any stretch of the imagination. Quite of integrity that is the essence of the men filed another such lawsuit in Mis- the contrary. They said they are for American legal system. sissippi, recognizing that, again, they lifting the liability cap. When BP I am concerned about it. My amend- have the ability to go after unlimited makes $5.6 billion in 3 months, when ment would make bankruptcy more us- damages in those forums. the top five companies make $25 billion able for large, complex cases that have Again, I am open to raising the li- in 3 months, $10 billion is a drop in the derivatives in it. It would allow the ability cap, but we have both a direc- bucket. tive from the White House and the cases to be brought in large bank- Finally, the suggestion that those ruptcy court areas so that there is suf- American people who, I believe, still who are harmed—the fishermen, the support offshore drilling. We need to ficient expertise and personnel to han- commercial fishermen, the tourism adjust these liability caps in a way dle it, and it would deal with the prob- companies, and others—ultimately will that does not give the biggest oil com- lem of derivatives that some have be in a position to make claims in panies a monopoly over the entire OCS. raised and gives the courts more flexi- Mr. President, I object to the unani- State court, I know my distinguished bility to do that. I think it is the bet- mous consent request at this time. colleague from Alaska knows what ter approach. It is our historic, fair ap- The PRESIDING OFFICER. Objec- happened in the Exxon Valdez case. proach. The American people will know tion is heard. That took 20 years for claimants to try the same judgment that falls on them The Senator from New Jersey. to get their just response. Some of and their small businesses will fall on Mr. MENENDEZ. Mr. President, what them fell off the way because they just the big boys. is the business before the Senate? could not keep hanging in there, and I appreciate the opportunity to make The PRESIDING OFFICER. We are they lost everything. these brief remarks. I see Senator now supposed to turn to the Sessions I do not want Americans to have to CORKER and Senator KYL are here, and amendment. wait 20 years to get their response to I will yield.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.030 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3687 The PRESIDING OFFICER. The Sen- and Senator DODD did. It is not to dis- can calibrate the kind of equity invest- ator from Tennessee. avow the work Senator WARNER and I ment or lending they want to engage in Mr. CORKER. Mr. President, I thank spent a great deal of time working on. based upon what they know the rules my colleague from Alabama for the It is to say I do believe, as part of this will be in the event something goes work he has done in trying to craft a bill, we should have done the work nec- wrong. bankruptcy title that more fully suits essary to make sure there was a bank- If you do away with that and just say financial institutions. ruptcy title that would work for finan- that in the event something goes This body is an interesting body be- cial institutions. That has not been wrong, a government bureaucracy—and cause you don’t have the chance to do done. I don’t use that word pejoratively—a anything but vote yes or no on par- I wish to thank Senator SESSIONS for group of government employees in an ticular pieces of legislation. Just last giving us the opportunity to voice the agency are going to decide that some- week, the Republicans—all Repub- fact that we believe the Bankruptcy thing needs to be done and decide what licans—had a filibuster while they Code in this country should be made so that is and it is basically uncon- waited for the leaders on each side of it works far better for financial insti- strained by any set of rules and prac- the Banking Committee to reach a tutions. I would like for this to have tices such as the Bankruptcy Code has compromise, and it was supported, I been melded in a little differently than provided, that is scary to folks. It is think, 94 or 96 to 1. That compromise the way the Senator is putting it forth, going to mean we will have less lending was on title II, the orderly liquidation but I wish to thank him for his work and capital formation for businesses title. So here we have an amendment and to signify my intent to support his because they are going to be uncertain that basically is to strike something amendment on the basis of the fact about the rules of the road. Secondly, this body, in essence, adopted 96 to 0. that the bill, the way it has been craft- it is going to create the potential for I spent a lot of time on that title my- ed, should have respected judicial re- unfairness and, frankly, poor decisions self working with MARK WARNER. I ap- view more than it has been; and sec- if companies do have to get unwound. So what we are giving up by not preciate greatly the partnership we had ondly, the fact that we should have, as adopting an amendment such as the working on a resolution title. I thank part of this thoughtful process, done Sessions amendment is certainty, pre- Senator SHELBY and Senator DODD for something in this bill to greatly ex- dictability, and decades of under- the work they did to try to improve pand the ability of the judicial system standing of what the law is in the that title, and we held out on this side to deal with a large, highly complex fi- event something such as this occurs. until that occurred. So now we have a nancial company. What Senator CORKER has said is also vote, the Sessions vote, that would I yield the floor. true; that these financial institutions strike that. The PRESIDING OFFICER. The Sen- may present some very unique cir- I wish to say, I am at the point in ator from Arizona. cumstances, and some of them may be this bill where I am under no illusion Mr. KYL. Mr. President, I wish to so large and so potentially affecting of that the bill is going to get any better. briefly echo the sentiments of both other institutions that it may be that I know there are a lot of messaging Senators SESSIONS and CORKER. They the relatively slow pace of bank- amendments that will begin to take have both given a great deal of thought ruptcy—and I don’t mean to suggest it place, and many of us will have the op- to the problems here. is very slow—may mean that we need portunity, through our votes, to ex- These are not political issues that something more quickly to intervene press how we may feel about certain capture the imagination of either the and ensure that whatever happens with aspects of this bill. When Senator WAR- news media or the American people, this particular business, it doesn’t ad- NER and I were working on the resolu- but they are very important, and they versely affect others or that there may tion, it was with the intent that bank- are both working to solve a difficult be other reasons to have a more imme- problem in a very reasonable way that ruptcy be the default. That would be diate infusion of some intervention. I the place where almost every financial recognizes the importance of the rule will put it that way. institution would go. There may be of law. It was for that reason that all of us that rare instance—that rare in- One of the great distinguishing char- supported the Dodd-Shelby com- stance—when resolution was necessary, acteristics of the United States versus promise. Our view was, as Senator some other countries, many other but it would be due to some systemic CORKER said, it is better than the un- risk. It was our hope the Judiciary countries in the world, is that we fol- derlying bill, although I don’t think it Committee would actually develop a low a rule of law. It makes commercial satisfied at least the three of us that it title that would allow that to happen, dealings, and therefore expansion of went far enough in creating these rules but it did not take place. our economy, so much easier when ev- of predictability. The Sessions amend- As a matter of fact, many of the judi- eryone knows what the rules are and ment, as has been described, does that. cial reviews that Senator WARNER and they can plan based upon those rules. I think Senator CORKER has it ex- I wanted to see take place in the reso- One of the bodies of law that is most actly right; we are under no illusion lution title did not occur. There is no contributory to that is our Bankruptcy this will replace the Dodd-Shelby com- judicial review overpayments by the Code. For over a couple centuries, we promise. In that respect, we have to FDIC or those kind of things that we have had a process and a set of rules just hope, in the further process of leg- would like to see as part of the rule of that governs what happens when busi- islating on this bill, that compromise law in this country. Well, let me not nesses can’t pay their debts and have can be informed by additional debate speak for him—that I would like to see. to go out of business or be reorganized. and discussion and maybe improved. What has happened is, we have devel- Those rules, in effect, set the rules of By supporting the bankruptcy-related oped a resolution title that was to be the road—the things people can count amendment of Senator SESSIONS, what used only very rarely because we had on both at the time a business gets we are trying to do is to send the mes- hoped a bankruptcy title would be de- into trouble but also far before that, sage that we compliment Senators veloped that financial companies would when people are making decisions on DODD and SHELBY for what they did, go into. That hasn’t happened. So what whether to lend to or invest in a busi- but a little more dose of the predict- does that mean? That means it is far ness. ability and certainty and judicial proc- more likely—far more likely—the reso- They know, for example, if they are ess of bankruptcy would be very wel- lution title would actually be used in- going to be a secured creditor of a busi- comed in this process. stead of bankruptcy. ness that, in the event something goes Therefore, to the extent that we can The fact is, I am under no illusion wrong, they will be quite high on the have a good vote on this amendment, that Senator SESSIONS’ amendment is list of businesses that get paid. If they perhaps they and others will look to going to pass. As a matter of fact, I are an unsecured creditor, they are other ways in which they can continue doubt seriously the amendment is going to be lower on that list. They to modify this language for the very going to pass. My intent, in voting for will probably get more for their lend- best result we can achieve. This is a the Sessions amendment, is not to say ing because they are unsecured, but very important issue. It deserves our I disavow the work Senator SHELBY they will be lower on the list. So people very best attention.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.032 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3688 CONGRESSIONAL RECORD — SENATE May 13, 2010 I wished to compliment again both Congress [to] wait until the Financial Crisis posit Insurance Corporation (FDIC) as the Senator SESSIONS and Senator CORKER, Inquiry Commission completes its report receiver for a failing financial firm. This is a two of the very thoughtful Members of . . . In the meantime, however, proposed substantial change to bankruptcy law be- this body, for the way they have ap- amendment No. 3832, which has been filed by cause it would create a new structure within Ranking Member Sessions of the Senate Ju- the bankruptcy courts and remove a class of proached this issue, without any polit- diciary Committee, takes a bankruptcy cases from the jurisdiction of the Bank- ical consideration but simply to try to route . . . Amending Title II along these ruptcy Code. The legislation, by assigning to make this process better, fairer, more lines would be a big step toward the bank- the FDIC the responsibility for resolving the predictable and, therefore, better for ruptcy approach we favor, and we urge you affairs of an insolvent firm, appears to pro- the businesses involved and for the to move in this direction. vide a substitute for a bankruptcy pro- economy of the United States. Mr. President, I ask unanimous con- ceeding. The Judicial Conference has not Mr. SESSIONS. Mr. President, how adopted a position with regard to the re- sent to have printed in the RECORD the moval from bankruptcy court jurisdiction of much time remains on this side? three items I have just quoted from. the class of financial firms identified in this The PRESIDING OFFICER. One There being no objection, the mate- legislation. minute fifty-five seconds. rial was ordered to be printed in the We note, however, that the legislation will Mr. SESSIONS. Mr. President, I wish RECORD, as follows: result in the transition of at least some to share a few things briefly before we [From the Weekly Standard, May 13, 2010] bankruptcy cases to FDIC receivership in situations where a firm is already in bank- move into the vote. William Kristol BAILOUT NATION V. RULE OF LAW ruptcy, either voluntarily or involuntarily. today raised a fundamental question in (By William Kristol) a blog site regarding the way this bill Section 203(c)(4)(A) provides that a pending Financial regulatory ‘‘reform’’ has been bankruptcy case would be evidence of a is written when he said: wending its desultory way through Congress firm’s financial status for purposes of trig- This is a giant power grab for the FDIC and for quite a while, and one can lose track of gering the Treasury Secretary’s authority to Treasury, who could use their new powers to where things stand and what’s important. seek to appoint the FDIC as receiver. The tug the strings of our country’s largest fi- But there’s a vote scheduled for the Senate bill does not specify how the transition from nancial institutions like a puppeteer. floor today that matters. It will be on an a bankruptcy proceeding to an administra- I would also refer to a letter of April amendment—offered by Sen. Sessions—that tive proceeding would be effected. Further, 12, from the Judicial Conference of the would strike the entire Orderly Liquidation the bill does not specify the effect of the Authority (OLA) from the Dodd bill. It would United States. This is a thoughtful let- transfer on prior rulings of the court. For ex- instead make needed adjustments to a few ample, would any stays or other rulings con- ter in response to an inquiry from PAT- provisions of the U.S. Bankruptcy Code to tinue in effect or be dissolved upon the RICK LEAHY, the Judiciary Committee make it more flexible to deal with the fail- transfer to the FDIC? This could be espe- chairman, in which they express grave ure of large financial firms (such as Leh- cially problematic if creditors have changed concerns about the legislation. Among man). The bankruptcy code amendment is position based upon rulings in the course of other things, the Judicial Conference clearly a superior alternative to OLA, which the bankruptcy proceeding. The legislation says: scraps the Code, the primary vehicle to reor- does not envision objection, participation, or ganize companies for over a century, and re- input from the bankruptcy creditors (whose The legislation does not envision objec- places it with a wholly untested process to rights will be affected) in the course of ap- tion, participation, or input from the bank- seize firms that are merely in danger of de- pointing the FDIC as receiver. Indeed, the ruptcy creditors (whose rights will be af- fault. It replaces the Code’s strict adherence legislation proposes to deal with this peti- fected) in the course of appointing the FDIC to the rule of law with a system governed by tion in a sealed manner; only the Secretary as receiver. Indeed, the legislation proposes the FDIC, which is given incredibly broad and the affected financial firm would be no- to deal with this petition in a sealed manner, discretion to treat creditors as it wishes. ticed and given the opportunity of a hearing. only the Secretary and the affected financial This is a giant power grab for the FDIC and The financial position of affected creditors firm would be noticed and given the oppor- Treasury, who could use their new powers to may have been changed within the context of tunity of a hearing. tug the strings of our country’s largest fi- the firm’s bankruptcy case in such a way I think that is insufficient. nancial institutions like a puppeteer. that the creditors’ rights might have Finally, I received a letter today It’s increasingly clear in the age of Obama changed dramatically. Any resulting due from a number of superb and well- that two very different visions of the rela- process challenges would impose a signifi- known economists, legal scholars and tion of the private sector to the state are cant burden on the courts to resolve novel leaders—Darrell Duffie, Dean Witter competing to shape the future of this coun- issues, for which the bill provides no guid- Distinguished Professor at the Grad- try. With respect to financial reform, this ance. amendment, more perhaps than any other, In addition, we note that petitions under uate School of Business, Stanford Uni- clarifies and signifies what’s at stake in this this title involving financial firms would be versity; Tom Jackson, Distinguished debate. Whether or not the amendment filed in a single judicial district. The Judi- University Professor, University of passes, if Republicans unite behind it, they cial Conference favors distribution of cases Rochester; Kenneth Scott, Parsons will show voters the choice in 2010 and 2012— to ensure that court facilities are reasonably Professor Emeritus of Law and Busi- not the status quo vs. reform, but ‘‘reform’’ accessible to litigants and other participants ness, Stanford Law School, George P. that would further increase the arbitrary in the judicial process. Although we are Shultz, Distinguished Fellow, Hoover power and scope of government vs. real re- aware that a large number of companies are Institution, David Skeel, Professor of form that would safeguard the financial sys- incorporated in Delaware, it is not clear that tem in accord with limited government and Delaware would necessarily be a convenient Corporate Law, University of Pennsyl- the rule of law. location for many of the affected companies, vania and John B. Taylor, Professor of nor indeed the proper venue for that peti- Economics, Stanford University. JUDICIAL CONFERENCE tion, absent changes to title 28, United The PRESIDING OFFICER. The Sen- OF THE UNITED STATES, States Code. ator’s time has expired. Washington, DC., April 12, 2010. We also note that the legislation requires Mr. SESSIONS. I ask unanimous con- Hon. PATRICK J. LEAHY, the designation of more bankruptcy judges sent for 30 additional seconds. Chairman, Committee on the Judiciary, for the panel than are permanently author- The PRESIDING OFFICER. Without U.S. Senate, Washington, DC. ized for Delaware under existing law. The objection, it is so ordered. DEAR MR. CHAIRMAN: I am writing in re- District of Delaware is authorized one per- sponse to your letter of March 25, 2010, seek- manent bankruptcy judge and five tem- Mr. SESSIONS. Mr. President, these ing the views of the Judiciary with regard to porary judgeships. If Congress were to choose individuals put forth in detail their provisions relating to bankruptcy that are not to extend these judgeships or convert concerns about this procedure, and contained in the financial regulation bill re- them to permanent status, it would be im- they point out why bankruptcy is nec- cently approved by the Senate Committee on possible to implement section 202’s require- essary, because the rule of law applies Banking, Housing, and Urban Affairs. We ap- ment to appoint three judges to the Orderly and the process is more defined in this preciate your soliciting the views of the Liquidation Authority Panel from the Dis- appropriate way. They tell us, with courts on this matter. You identified several trict of Delaware. With respect to the limited review to be much care, why my amendment would of the issues that are of concern to the courts, and I will address each of those. conducted by the panel created in section be the best way to solve this problem. As you noted, Title II would create an ‘‘Or- 202, we note that the authority may exceed They say, in part, the following: derly Liquidation Authority Panel’’ within what is constitutionally permitted to a non- Despite the best intentions by the sponsors the Bankruptcy Court for the District of Article III entity. A previous statute was of Title II, our view is that it will increase Delaware for the limited purpose of ruling on held unconstitutional because it conferred rather than decrease the likelihood of finan- petitions from the Secretary of the Treasury on the bankruptcy courts the authority to cial crises . . . It might be preferable for the for authorization to appoint the Federal De- decide matters that are reserved for Article

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.032 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3689 III courts. Northern Pipeline Const. Co. v. ware is one of the busiest bankruptcy courts disruptive failures of such firms as Bear Marathon Pipe Line Co., 458 U.S. 50 (1982). in the nation; to draw the court’s limited ju- Stearns, Lehman, and AIG. In order to avoid The review of the Secretary’s decision in this dicial resources away from the fair and time- such harmful disruptions in the future, any instance appears to resemble more closely ly adjudication of those bankruptcy cases to failure of a large and complex financial firm appeals of agency decisions under the Ad- process petitions under this bill would be in- must be made more orderly and predictable ministrative Procedure Act than a bank- equitable and unjust to the debtors and so that market participants can anticipate ruptcy petition and, therefore, appears more creditors in those pending cases. If, as seems the process and adjust their positions more appropriate for an Article III court. More- possible given recent economic develop- smoothly and gradually without chaotic over, the affirmation of the Secretary’s peti- ments, the failure of one firm weakens other spillover effects to the financial system and tion to designate the Federal Deposit Insur- firms in the financial services sector, the de- the economy. ance Corporation as a receiver effectively re- mand could exceed the court’s resources. However, in our view the new discretionary moves a case from the application of bank- This consideration alone counsels against powers given to government officials and ruptcy law. Accordingly, it seems anomalous the assignment of all such cases to a single agencies under Title II will not result in a to subject this petition to review by a bank- court. more orderly and predictable process. In- ruptcy court. Finally, we note that both the Administra- deed, it is likely to have the opposite effect. Your letter particularly questioned wheth- tive Office of the United States Courts (AO) The legislation would give authority to offi- er the time limit of 24 hours for a decision by and the Government Accountability Office cials at the Federal Deposit Insurance Cor- the panel would be sufficient or realistic. (GAO) are directed to conduct studies which poration (FDIC) to take over and dismantle The Judicial Conference has consistently op- will evaluate: any large complex financial services business posed the imposition of time limits for judi- (i) the effectiveness of Chapter 7 or Chapter which appears to be failing. We doubt the cial decisions beyond those already set forth 11 of the Bankruptcy Code in facilitating the ability of the FDIC to dismantle such com- in the Speedy Trial Act or section 1657 of orderly liquidation or reorganization of fi- plex financial institutions in a smooth and title 28. We appreciate that a matter affect- nancial companies; orderly way. There would be great uncer- ing the operation of the national economy (ii) ways to maximize the efficiency and ef- tainty about who will lose and who will gain. warrants a prompt resolution. We note that fectiveness of the Panel; and The decisions will be made by government the courts, recognizing this concern, have al- (iii) ways to make the orderly liquidation officials without knowledge of the cir- ready demonstrated an ability to move swift- process under the Bankruptcy Code for fi- cumstances underlying different claims, ly in resolving bankruptcy petitions involv- nancial companies more effective. rather than by the rule of law. The unpre- ing large corporations with broad impact on With respect to those firms that are to be dictability of the discretionary process the national economy. In each of these in- treated under Chapters 7 and 11 of the Bank- would increase the likelihood of runs: when- stances, the initial determinations were ruptcy Code, the vagueness of, and/or lack of ever there is rumor of a government official made by a single judge. The resulting ap- criteria for determining ‘‘effectiveness’’ will or agency thinking of a takeover, creditors peals in some cases were also adjudicated on hamper the ability of the AO and GAO to will take their money and run. There are an expedited basis without a statutory re- produce meaningful reports. Some would re- also technical problems with Title II which quirement to do so. gard rapid payment of even small portions of would cause financial instability. For exam- Requiring a panel of three judges to assem- claims as an effective resolution, while oth- ple, the nature of the delay in applying the ble, conduct a hearing, and craft a written ers would prefer a delayed payment of a exemption from the automatic stay for opinion within 24 hours presents practical greater share of a claim. There would also be qualified financial products will lead to more difficulties that may be insurmountable. Al- significant disagreements between creditors runs. Fortunately a more orderly and predict- though § 202(b)(l)(A)(iii) could be read to holding different types of secured or unse- able approach is available. All that is re- limit the court’s review to the question of cured claims as to the most effective resolu- quired is an adjustment to the bankruptcy whether the covered financial company is in tion of an insolvent firm. Some would argue law to make it apply to nonbank financial default or danger of default, the Secretary is that effectiveness should be measured by the firms in a clear way which the firms, their required to submit to the panel ‘‘all relevant impact of the resolution on the larger econ- counterparties, and their creditors can un- findings and the recommendation made pur- omy, regardless of the impact on the credi- derstand and count on. With these changes, suant to section 203(a),’’ which specifies con- tors of the particular firm. Without clearer sideration of multiple factors (repeated in bankruptcy would be the mechanism to deal guidance for the studies, both agencies will with financial institutions, and thus provi- subsection (b) of that section as the basis for be required repeatedly to expend resources the Secretary’s petition). Even with the full sions for a government agency resolution on the development of reports that may not process to override bankruptcy could be cooperation of the financial firm affected by provide the information Congress is seeking. eliminated. If these changes had been in ef- the proceeding, which is not a predicate for Thank you for seeking the views of the Ju- fect at the time of the Lehman bankruptcy, the consideration of a petition, it would ap- diciary regarding this legislation and for it would have been far smoother and less dis- pear difficult to hear and consider the evi- your consideration of them. If we may be of ruptive than what happened in September dence and prepare a well-reasoned opinion assistance to you in this or any other mat- 2008. addressing each reason supporting the deci- ter, please do not hesitate to contact our Of- The main advantage of bankruptcy is that sion of the panel within 24 hours. Even as- fice of Legislative Affairs. the rule of law applies and the process is suming that factors other than the solvency Sincerely, thus much more defined. The mere existence of the firm would be excluded from this spe- JAMES C. DUFF, of an orderly Chapter 11 process will greatly cial panel’s review, it may well be that the Secretary. reduce the likelihood of bailouts. There are subject financial firm or one of its creditors alternative ways to change the bankruptcy would seek judicial review of one of the prior HOOVER INSTITUTION, law to make it apply to nonbank financial administrative evaluations of the statutory STANFORD UNIVERSITY, firms. Some of us and others have proposed factors, either in the course of the hearing Stanford, CA, May 13, 2010. such changes and work is continuing. For ex- conducted by the Orderly Liquidation Au- Hon. HARRY REID, ample, one change could involve creating a thority Panel or in another court. Such chal- Majority Leader, U.S. Senate, team of experts knowledgeable about the lenges would also make it difficult to meet Washington, DC. bankruptcy law and about financial markets the proposed timeline. It is possible that the Hon. MITCH MCCONNELL, and institutions, which would be ready to go facts of a particular case may be so clear Minority Leader, U.S. Senate, in a financial emergency. Another change is that a decision could be rendered within 24 Washington, DC. to allow regulators to initiate a petition as hours, but the statutory requirement of such Hon. CHRISTOPHER DODD, prescribed by the law. The government could speed seems inconsistent with the thoughtful Chairman, Senate Committee Banking, Housing, also file a reorganization plan with the bank- deliberation that would be appropriate for a and Urban Affairs, U.S. Senate, Wash- ruptcy court. The new law could also give a decision of such great significance. ington, DC. right of relief from the automatic stay upon Although it is to be hoped that only a Hon. RICHARD SHELBY, petition by a counterparty seeking to sell small number of large financial firms would Ranking Member, Committee on Banking, Hous- collateral in the possession of the debtor to ever become subject to this legislation, each ing and Urban Affairs, U.S. Senate, Wash- the extent the collateral consists of highly- of the petitions would involve large volumes ington, DC. marketable securities or other cash-like col- of evidence regarding complex financial ar- DEAR LEADER REID, MINORITY LEADER lateral. rangements. Thus, the legislation could re- MCCONNELL, CHAIRMAN DODD, RANKING MEM- To be sure the issues are complex and sult in a large proportion of the judicial re- BER SHELBY: We are writing to you regarding amending legislation on the Senate floor sources of a single bankruptcy court being Title II ‘‘Orderly Liquidation Authority’’ of rather than in committee or conference is devoted exclusively to review of the Sec- the ‘‘Restoring American Financial Stability difficult. It might be preferable for the Con- retary’s petitions. Further, the bill provides Act of 2010.’’ Despite the best of intentions gress to wait until the Financial Crisis In- that the Secretary may re-file a petition to by the sponsors of Title II, our view is that quiry Commission completes its report, correct deficiencies in response to an initial it will increase rather than decrease the which will provide additional information decision, thus extending the time in which likelihood of financial crises. Our view is and a better understanding of the issues the court’s resources would be diverted from based on experiences during the financial which bear on this legislation. In the mean- other judicial business. The District of Dela- crisis, especially the events surrounding the time, however, proposed amendment No.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.011 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3690 CONGRESSIONAL RECORD — SENATE May 13, 2010 3832, which has been filed by Ranking Mem- The problem is, when you end up push- where you have to make that decision. ber Sessions of the Senate Judiciary Com- ing some large, highly complex entity But we have all been around long mittee, takes a bankruptcy route. The into bankruptcy, it can have the unin- enough to know they can happen, and amendment is called ‘‘The Bankruptcy In- tended collateral damage effect of af- when they happen again, what will be tegrity and Accountability Act’’ and would replace the currently proposed Title II. fecting otherwise solvent, good compa- our answer? We had an option out Amending Title II along these lines would be nies that are well managed, well run, there, but we got rid of it. a big step toward the bankruptcy approach and who employ a lot of people and are America, you have to make a choice. we favor, and we urge you to move in this di- doing a good job. When these highly A lot of other people are going to suffer rection. We would be happy to provide more complex entities are shoved into bank- unnecessarily, but bankruptcy is the details about these issues to you or your ruptcy, there can be collateral damage only choice to go. We would look back staffs. and other companies can suffer. and say: Why didn’t we put in place In sum we urge you to replace Title II, re- I am shorthanding this, in a way. So some alternative mechanism in those instate the rule of law, reduce the likelihood of future financial crises, and prevent bail- the idea was, on some rare occasions, most rare occasions where some alter- outs by instituting an orderly and predict- and hopefully they are very rare, when native other than bankruptcy should able bankruptcy regime for large nonbank fi- that possibility occurs and you have to be in place? nancial firms. go through a number of hoops to get to That is the shorthand version of a lot Sincerely, that conclusion, that we would have a of conversation, a lot of talk over a lot DARRELL DUFFIE, mechanism for a resolution, a winding of months to this point. Dean Witter Distin- down of that entity, to avoid the kind Senator LEAHY, the chairman of the guished Professor at of collateral damage that could cause Judiciary Committee, opposes the the Graduate School of Business, Stan- if bankruptcy were the only option for amendment. Other members of the ford University. those complex entities. committee may agree with Senator TOM H. JACKSON, What you are faced with, if the Ses- SESSIONS. I don’t want to suggest this Distinguished Univer- sions amendment is adopted, is right is necessarily broad dissent, one side or sity Professor at the back where we were in the fall of 2008 the other. But this is as critical as it University of Roch- where the choices are bankruptcy or gets on this bill. ester. bailout, in a sense, where bankruptcy I say to my colleagues, there are a KENNETH SCOTT, would pose, as Lehman Brothers poten- lot of amendments being offered, and Parsons Professor tially did, as we saw, a lot of collateral frankly I might be against them or for Emeritus of Law and Business at the damage because there was not a wind- them. If they are excluded or included, Stanford Law down resolution mechanism. Whether I might be disappointed one way or the School. it should have been used in that par- other. If we get rid of this, I don’t know GEORGE P. SHULTZ, ticular fact situation, I don’t want to how in good conscience you can walk Distinguished Fellow try to make that case. That is not my out of the Chamber and look the Amer- at the Hoover Insti- point, not making my case. But let’s ican taxpayer in the eye and say again: tution. say it is a Lehman Brothers-like situa- We have now protected you against too DAVID ARTHUR SKEEL, tion where we would all agree that big to fail. Professor of Corporate Law, University of company ought to be put out of its For those reasons, I urge the rejec- Pennsylvania. misery, but to go through traditional tion of the Sessions amendment, and I JOHN B. TAYLOR, bankruptcy would have the collateral say that respectfully of a good friend. Professor of Econom- effect of taking a lot of other people I yield back the remainder of my ics, Stanford Univer- with it in the process who do not de- time. sity. serve to go down, not to mention the The PRESIDING OFFICER. The Mr. SESSIONS. I thank the Chair, jobs and the impact on the economy. question is on agreeing to the amend- and I yield the floor. Senator CORKER, Senator WARNER, ment. The PRESIDING OFFICER. The Sen- and others obviously working with it, Mr. DODD. I have to ask for the yeas ator from Connecticut. came up with this. They listened to a and nays under the order, don’t I? Mr. DODD. Mr. President, how much lot of people. Again, no one ever knows Mr. CORKER. Will the Senator yield time remains? if you have this exactly right. We for a couple of minutes over here? I The PRESIDING OFFICER. Twelve talked about all the things. We had ex- know we are under time anyway. minutes fifty seconds. actly right what we want to do. We Mr. DODD. I will be glad to yield. In- Mr. DODD. I will not use all of 12 know what we want the outcome to be. stead of yielding my time, let me yield minutes. I will take a few minutes. Whether we did it right so it will work 2 minutes to my friend from Tennessee. I spoke last evening about my exactly as we planned we will never Mr. CORKER. I thank the Senator. I friend’s amendment, and it wasn’t to a know until the first case pops up and know I spent a great deal of time on packed Chamber, I can tell you, at 8 determines whether what we put in the floor. o’clock last night. But I am sure the place achieves its goal. But in the ab- I thank the Senator from Con- Senators all received copies of it or lis- sence of that, we are right back where necticut. First, I thank him for the tened to it intently as you were dozing we were. work he did to make the resolution off last evening. If someone said to me: What is the title better. I know that after he and Let me, first of all, thank JEFF SES- most critical part of this bill—that is a Senator SHELBY finished, I came down SIONS. He is a good pal and friend, and hard thing to ask someone who has and thanked him but expressed con- we have worked together on a number been involved in a lot of it, but if you cerns about the fact that many of the of issues. Senator CORKER, who is on said: We are only going to let you keep judicial reviews that I believed were the floor as well, in many ways—both one section of this bill; you are going important were not included. Yet the BOB CORKER and MARK WARNER of Vir- to have to get rid of everything else; bill was better, and I thank the Sen- ginia—is as much the coauthor of the which section would you keep, Senator, ator for that. very section we are talking about as this is what I would keep because this I realize that in this body, as I said anyone in this Chamber. He spent a lot is what exposed the American taxpayer that day on the floor, nothing ever of hours trying to put this together. to that $700 billion check they had to works out exactly as you wish. This But here is the quandary with the write because we didn’t have an alter- bill is not going to be exactly the way Sessions amendment. One of the things native in place to deal with moments the Senator would wish. we have tried to avoid is, of course, like that. Hopefully, they rarely come. We are going to pass a bill that, to getting back to too big to fail. The pre- There were a lot of events that led up me, is incomplete. One of the things I sumption of our bill is bankruptcy. to it that we tried to deal with in this think all of us, including the Senator Clearly, we want to get people into bill as well, including the underwriting from Connecticut, had hoped would bankruptcy, if they deserve to be there. standards and all sorts of things to occur is that the Judiciary Committee If they deserve to fail, they should fail. minimize ever getting to that point would actually work on a title that

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.013 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3691 would make the resolution title much The PRESIDING OFFICER. Is there a Federal, State, and local law enforce- less necessary because it would en- sufficient second? There appears to be ment officers who have made the ulti- hance the ability to deal with these a sufficient second. mate sacrifice for the safety and pro- complex financial companies. That has The question is on agreeing to the tection of our Nation and its people— not happened. I know we have not dealt amendment. 18,600 of them, dating back to the 18th with Freddie and Fannie in this bill. I The clerk will call the roll. century. know you would have liked to have The bill clerk called the roll. Among those crowds at that memo- dealt with that. I hope you would have The result was announced—yeas 42, rial this week will be men and women liked to. We are not going to deal with nays 58, as follows: from the State of Washington who have it. [Rollcall Vote No. 148 Leg.] flown all the way across the country to You are going to be leaving this body YEAS—42 be here as seven new names are un- after a distinguished career here. But I Alexander Crapo LeMieux veiled and carved into the marble and think what we are trying to say is Barrasso DeMint Lugar preserved for our Nation to honor. that, look, we still have work to do. Bennett Ensign McCain The seven officers from Washington The Judiciary Committee has to de- Bond Enzi McConnell State who lost their lives last year in Brown (MA) Feingold Murkowski velop a better bankruptcy title for fi- Brownback Graham Risch the line of duty are: Deputy Sheriff nancial companies, and I think all Bunning Grassley Roberts Stephen Michael Gallagher, Jr. of the scholars have said that is the case. Burr Gregg Sessions Lewis County Sheriff’s office; Officer Chambliss Hatch Shelby Timothy Brenton of the Seattle Police There is no question that we have to Coburn Hutchison Snowe deal with Fannie and Freddie. We will Cochran Inhofe Thune Department; Officer Tina Griswold of do that soon, I hope. Collins Isakson Vitter the Lakewood Police Department; Offi- I know the outcome of this, and the Corker Johanns Voinovich cer Ronald Wilbur Owens II of the Senator knows what the outcome of Cornyn Kyl Wicker Lakewood Police Department; Ser- this is going to be. I think there are NAYS—58 geant Mark Joseph Renninger of the numbers of us who would just like to Akaka Gillibrand Nelson (NE) Lakewood Police Department; Officer see us really focus on this bankruptcy Baucus Hagan Nelson (FL) Gregory James Richards of the Lake- title to do—what you just said is ex- Bayh Harkin Pryor wood Police Department; and Deputy Begich Inouye Reed actly right, and that is that resolution Bennet Johnson Reid Sheriff Walter Kent Mundell, Jr. of the is only used rarely. But right now, the Bingaman Kaufman Rockefeller Pierce County Sheriff’s Department. way the Bankruptcy Code is, it is going Boxer Kerry Sanders These seven remarkable and selfless Brown (OH) Klobuchar Schumer officers represented the best of their to be used in every case one of these Burris Kohl Shaheen large companies fails because we Byrd Landrieu communities. They were seven heroes Specter Cantwell Lautenberg who served proudly as a brave bound- haven’t done the work we need to do to Stabenow make the Bankruptcy Code work. Cardin Leahy ary between civil society and the worst Carper Levin Tester The PRESIDING OFFICER. The time Casey Lieberman Udall (CO) elements of lawlessness and unrest; of the Senator has expired. Conrad Lincoln Udall (NM) seven husbands, wives, fathers, and Mr. DODD. I will take 30 more sec- Dodd McCaskill Warner mothers whose losses have devastated onds. Dorgan Menendez Webb families and torn apart communities Here is the concern. With smaller en- Durbin Merkley Whitehouse Feinstein Mikulski Wyden and whose deaths have weighed heavily tities, I can see the case where they Franken Murray on every member of our State’s law en- should go to bankruptcy, and that may The amendment (No. 3832) was re- forcement community. Each of these happen. We are talking about very jected. tragedies sheds new light on the enor- complex, interconnected ones. The PRESIDING OFFICER (Mr. WAR- mity of the sacrifice police officers My colleague is correct, by the way. NER). The Senator from Washington. make every day in Washington State I should have made note of this. We did Mrs. MURRAY. I ask unanimous con- and across the country. I know our of- try. And, again, it is not the fault of sent for 8 minutes equally divided be- ficers feel this weight, but I have no the Judiciary Committee. They have tween myself and Senator CANTWELL in doubt they will never let it stop them been overwhelmed with judicial nomi- morning business. from continuing to put themselves in nations and everything else. harm’s way in order to serve our com- The present bankruptcy process does The PRESIDING OFFICER. Without objection, it is so ordered. munities. That is a testament to the pose an issue with large, complex enti- commitment they make to serve and NATIONAL POLICE WEEK ties for the very reason I outlined, and protect us. It is an oath they honor Mrs. MURRAY. Mr. President, I come therefore you need some mechanism each day, and it is a reminder to all of to the floor today to commemorate and because then the alternative is bailout, us that these brave men and women de- celebrate the lives of seven police offi- I presume, rather than having a lot of serve every ounce of support we can cers from my home State of Wash- innocent companies fail, with a lot of provide to keep them safe. unemployment occurring and damage ington who lost their lives in service to It is with great pride that I introduce to the economy. There is a step that their communities last year. the Washington State Law Enforce- will have to be worked on. I am proud to join today with Sen- ment Memorial resolution to com- I don’t disagree on GSEs. I care deep- ator CANTWELL during National Police memorate and celebrate the lives of ly about that, and it is an area that Week to introduce the Washington those seven officers. My thoughts and needs to be reformed. But at this junc- State Law Enforcement Memorial reso- prayers continue to be with their fami- ture, to strip this out is to throw us lution to extend the condolences of the lies, and I join their communities, right back. My concern is not what else Senate to the families, loved ones, and Washington State, and the entire Na- needs to be done down the road, but if communities of our State’s fallen he- tion in gratitude for their service. you strip this out at this juncture, we roes. I yield the floor. leave ourselves very vulnerable. This week tens of thousands of people The PRESIDING OFFICER. The Sen- With the Shelby-Dodd amendment from across the country are going to be ator from Washington. that passed 93 to 5, I think it was—we gathering at the National Law Enforce- Ms. CANTWELL. Mr. President, I tried to fill in a lot of gaps people have. ment Officers Memorial in Washington, thank my colleague for her leadership We got rid of that prepayment issue DC—friends and families of fallen offi- in having this resolution on the floor that people had a lot concerns about, cers, ordinary citizens, elected offi- today. She is always focused on those and it is a postpayment system. All of cials, and fellow police officers. They who are on the front line of defense in the issues we tried to resolve. will be joining together in the heart of our country and, clearly, in Wash- I appreciate the comments of my col- our city in a tree-lined park splashed ington State. I appreciate her leader- league from Tennessee. with daffodils and lined with two curv- ship in honoring the fallen officers With that, I yield back the remainder ing blue-gray marble walls. On those from Washington State. of my time and ask for the yeas and walls—the ‘‘Pathways of Remem- This week does mark National Police nays. brance’’—are engraved the names of Week where officers from across the

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.035 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3692 CONGRESSIONAL RECORD — SENATE May 13, 2010 Nation will travel here to honor fallen term contract with a big Hollywood Mr. BURRIS. Mr. President, I ask comrades. Because we in Washington studio, MGM. unanimous consent that the order for State have done so much of this lately, She blazed a trail. She knew that her the quorum call be rescinded. we understand how important this type talent could outshine the ugliness of The PRESIDING OFFICER. Without of activity is for remembering the men racial prejudice so, in the 1940s, she be- objection, it is so ordered. and women who serve us. During this came a major movie star. Mr. BURRIS. Mr. President, in recent week, we reflect on the brave men and But despite her success, Lena Horne days, since the Chamber opened debate women who have made the ultimate never forgot her roots or the plight of on Chairman DODD’s financial reform sacrifice to our community. those who were subjected to hatred and bill, we have all heard a lot of talk Mr. President, 2009 was one of the bigotry on a daily basis. about the irresponsible behavior on deadliest years in Washington State in She knew that she was a role model Wall Street. We have heard about the more than 70 years. Seven officers were and an authority figure—and she used recklessness that cost this country killed in the line of duty. These heroes her fame as a platform to raise these trillions of dollars in lost savings, not put their lives at risk for our safety. issues, and to fight against intolerance. to mention 8 million American jobs. They will be missed, but they will not She partnered with First Lady Elea- We have heard about the consumers, be forgotten. The men and women in nor Roosevelt to pass anti-lynching especially minority populations and blue keep our communities safe, and legislation. After the Second World the elderly, who have suffered a great they do so at tremendous sacrifices. War, she worked with Japanese Ameri- deal as a result of this economic crisis. Deputy Mike Gallagher from Lewis cans who had suffered internment and I thank my colleagues on both sides County Sheriff’s Office was killed after discrimination. of the aisle for joining in the debate his car was struck on his way back And all the while, her star was on the about how to address these issues, and from responding to a domestic violence rise. I am confident we can reach and find incident. Timothy Brenton from Se- In 1957, she recorded ‘‘Lena Horne at common ground. attle was shot while sitting in his car the Waldorf-Astoria’’ a record that Just yesterday, I came to the floor to on Halloween in Seattle. We thought would become the best-selling album voice my strong support for the Con- those two incidents were enough to by a female singer in the history of sumer Financial Protection Bureau rock our community. But then, in one RCA. that would be created under Chairman of the most heinous murders in the During the civil rights movement, DODD’s bill. I believe this bureau State of Washington history, four she stood with leaders like Dr. King at should be at the heart of any reform Lakewood police officers were shot and the famous march on Washington. legislation—to end abusive practices, killed while on duty in Parkland: Ser- She spoke out for racial equality, and serve as an advocate for ordinary geant Mark Renninger, Officer Ronald became involved with the NAACP and Americans, and make sure everybody Owens, Officer Tina Griswold, and Offi- other groups. can get a fair deal. It would even help And she never stopped doing what cer Greg Richards. It was a short time to prevent a similar financial crisis she loved: performing. from taking place in the future. later that Deputy Kent Mundell, Jr. of In 1981, she returned to Broadway in the Pierce County Sheriff’s office died But we need to make sure our bill is a one-woman show, which won a Tony about more than prevention. We need from wounds sustained in responding Award, two Grammies, and endless to a domestic violence call. to be proactive about finding solutions critical acclaim. for millions of Americans—especially We have seen in Washington State And she kept creating original mate- minority individuals—who are hurting the sacrifice of these men and women, rial well into the next decade. right now. We need to start by expand- all they do to keep us safe and all that Mr. President, Lena Horne departed ing access to credit. their families go through when those this life only a few days ago on May 9 Under the Dodd bill, the Secretary of who are in the line of duty pay the ul- at the age of 92. the Treasury will be authorized to es- timate sacrifice. As a performer, her legacy is unsur- tablish a multiyear program of cooper- I hope my colleagues will remember passed. law enforcement across the country She rose to become one of the most ative agreements, financial agency and in their individual States. I hope successful entertainers of the last cen- agreements, and grants—all designed they will take time, as they see officers tury, and blazed a trail for countless to make credit more available to low- here in the Capitol and throughout the other minority performers to follow. and middle-income Americans. For the Washington, DC area, to thank them Her personal legacy is no less re- first time in years, our legislation for their service. Let’s commemorate markable. She consistently lived out would give ordinary consumers access the activities of those who have fallen her values, and did not shy away from to mainstream financial institutions and also remember those who are still opportunities to stand up for what she and provide alternatives to those pay- working to protect us every single day. believed in. day loan operations. It would help de- I thank my colleague from Wash- She embraced every chance to make fray the costs of programs that make ington for this resolution, and I hope a positive difference in the lives of oth- small loans so folks could find it easier for its urgent passage today. ers and that, more than anything, is to get the resources they need without The PRESIDING OFFICER. The Sen- what she will be remembered for. incurring unnecessary risks. ator from Illinois. Lena Horne left an indelible mark on Our Consumer Financial Protection Mr. BURRIS. Mr. President, I ask this Nation. And that is why I am Bureau would also play a significant unanimous consent to speak for 5 min- proud to join Senator GILLIBRAND in role in making credit more available. utes as in morning business. sponsoring a resolution in her honor. Currently, 16 percent of minority The PRESIDING OFFICER. Without I ask my colleagues to stand with us households do not have bank accounts, objection, it is so ordered. in celebrating the life of this remark- compared with only 4 percent of White CELEBRATING THE LIFE OF LENA HORNE able woman—a trailblazer who households. As a result, African Ameri- Mr. BURRIS. Mr. President, in 1933, a achieved great success in the face of cans and other minorities are more 16-year-old girl named Lena Horne tall odds, and then used that success to likely to use payday lending services, joined the chorus at a famous night- better the lives of others. some of which are questionable prac- club in Harlem known as the Cotton Lena Horne is gone. tices, to take advantage of their cus- Club. But in her classic recordings—in the tomers. This young woman was passionate lives she touched, the movies she made, That is why our Consumer Financial about performing so she jumped in and the change she helped to bring Protection Bureau would have the au- with both feet. about she will always be with us. thority to supervise large, nonbank fi- And she never looked back. I suggest the absence of a quorum. nancial companies to cut down on abu- The following year, Lena Horne made The PRESIDING OFFICER. The sive tactics. It would also help enforce her debut on Broadway. And not long clerk will call the roll. fair credit card laws, rein in automatic after, she became the first African The assistant bill clerk proceeded to overdraft programs, and clarify the American performer to sign a long- call the roll. complex web of rate charges.

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.039 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3693 In short, this legislation would re- (B) not later than 2 session days after sub- Mr. WYDEN. Yes. duce or eliminate many of the factors mitting the notice of intent to object to the The PRESIDING OFFICER. The Sen- that keep people away from banks. It appropriate leader, submits a copy of the no- ator from Oregon. tice of intent to object to the Congressional would help raise financial literacy and AMENDMENT NO. 4019 Record and to the Legislative Clerk for in- establish reasonable terms and condi- clusion in the applicable calendar section de- Mr. WYDEN. Mr. President, thank tions for loans. At its core, it would scribed in subsection (b). you very much. significantly expand access to credit— (3) FORM OF NOTICE.—To be recognized by Let me particularly express my ap- especially among those who continue the appropriate leader a Senator shall sub- preciation to the chairman of the full to feel the worst effects of this eco- mit the following notice of intent to object: committee, Senator DODD. He has been nomic crisis. ‘‘I, Senator lllllll, intend to object extraordinarily patient, and especially That is why I am proud to support to llllllll, dated lllllll. I will with the large bipartisan coalition that the Wall Street reform bill that has submit a copy of this notice to the Legisla- has come together behind this amend- tive Clerk and the Congressional Record been introduced by my good friend, the ment to ensure that finally the secret within 2 session days and I give my permis- hold in the Senate—one of the most distinguished Senator from Con- sion to the objecting Senator to object in my necticut, Chairman DODD. I urge my name.’’ The first blank shall be filled with powerful tools a Senator has in the colleagues to join me in passing this the name of the Senator, the second blank Senate—is no longer. important legislation. shall be filled with the name of the covered I say to the Presiding Officer, you Mr. President, I yield the floor. request, the name of the measure or matter have done very good work on this I suggest the absence of a quorum. and, if applicable, the calendar number, and issue, along with a number of col- The PRESIDING OFFICER. The the third blank shall be filled with the date leagues on both sides of the aisle. The clerk will call the roll. that the notice of intent to object is sub- reason we feel so strongly is because mitted. The assistant bill clerk proceeded to the secret hold in the Senate is an in- (b) CALENDAR.—Upon receiving the submis- defensible violation of the public’s call the roll. sion under subsection (a)(2)(B), the Legisla- Mr. DODD. Mr. President, I ask unan- tive Clerk shall add the information from right to know. imous consent that the order for the the notice of intent to object to the applica- We all understand every time we are quorum call be rescinded. ble Calendar section entitled ‘‘Notices of In- home in our States how frustrated peo- The PRESIDING OFFICER. Without tent to Object to Proceeding’’ created by ple are with the way business is done in objection, it is so ordered. Public Law 110–81. Each section shall include Washington, DC. One way to send a the name of each Senator filing a notice message we are going to start doing AMENDMENTS NOS. 4019 AND 3987 TO AMENDMENT under subsection (a)(2)(B), the measure or business differently is to throw open NO. 3739 matter covered by the calendar to which the the doors of government and to make Mr. DODD. Mr. President, I ask unan- notice of intent to object relates, and the sure nominations and legislation that imous consent that the pending amend- date the notice of intent to object was filed. is important gets debated in public, ment be set aside so that I may call up (c) REMOVAL.—A Senator may have a no- and people actually get to see the give- Senator WYDEN’s amendment No. 4019 tice of intent to object relating to that Sen- ator removed from a calendar to which it and-take of colleagues on both sides of and Senator THUNE’s amendment No. was added under subsection (b) by submit- the aisle—Democrats and Repub- 3987. ting for inclusion in the Congressional licans—that is essential to making The PRESIDING OFFICER. Without Record the following notice: good policy. objection, it is so ordered. ‘‘I, Senator lllll, do not object to Most Americans have no idea what a The clerk will report. lllllll, dated lllll.’’ The first secret hold is, and I have said on many The assistant bill clerk read as fol- blank shall be filled with the name of the occasions that my guess is a lot of lows: Senator, the second blank shall be filled with the name of the covered request, the name of them think this is some kind of hair The Senator from Connecticut [Mr. DODD], the measure or matter and, if applicable, the spray or something. But the fact is, for Mr. WYDEN, for himself, Mr. GRASSLEY, calendar number, and the third blank shall this is an extraordinary tool that Sen- Mr. INHOFE, Mr. BENNETT, Ms. COLLINS, Mr. be filled with the date of the submission to ators have to effect the lives of our UDALL of Colorado, Mr. BROWN of Ohio, and the Congressional Record under this sub- Mr. MERKLEY, proposes an amendment num- people, and it ought to be something bered 4019 to amendment No. 3739. section. that is exposed to public scrutiny and (d) OBJECTING ON BEHALF OF A MEMBER.—If public accountability. The amendment is as follows: a Senator who has notified his or her leader When asked why he robbed banks, (Purpose: To establish as a standing order of of an intent to object to a covered request Willie Sutton said: That is where the fails to submit a notice of intent to object the Senate that a Senator publicly disclose money is. In the Senate, secret holds a notice of intent to objecting to any under subsection (a)(2)(B) within 2 session measure or matter) days following an objection to a covered re- are where the power is. quest by the leader or his or her designee on What our bipartisan group has said At the end of the amendment, insert the is, it is wrong for a Senator to block a following: that Senator’s behalf, the Legislative Clerk shall list the Senator who made the objec- piece of legislation or a nomination in SEC. ll. ELIMINATING SECRET SENATE HOLDS. tion to the covered request in the applicable secret by simply telling the leader of (a) IN GENERAL.— ‘‘Notice of Intent to Object to Proceeding’’ (1) COVERED REQUEST.—This standing order their party of their desire. What this calendar section. shall apply to a notice of intent to object to has meant—and there have been scores the following covered requests: The assistant legislative clerk read and scores of these secret holds in re- (A) A unanimous consent request to pro- as follows: cent years—is that one person, without ceed to a bill, resolution, joint resolution, The Senator from Connecticut [Mr. DODD], any public disclosure whatsoever, can concurrent resolution, conference report, or for Mr. THUNE, proposes an amendment num- keep the American people from even amendment between the Houses. bered 3987 to amendment No. 3739. getting a small peek at what is public (B) A unanimous consent request to pass a The amendment is as follows: business. That is not right, and it is bill or joint resolution or adopt a resolution, (Purpose: To provide for increased Congres- time to eliminate secret holds. concurrent resolution, conference report, or sional oversight through a sunset of the In 2007, Senators on both sides of the the disposition of an amendment between authority created under title X related to the Houses. aisle sought to finally bring some sun- the creation of the Bureau of Consumer Fi- light to this practice. Senator GRASS- (C) A unanimous consent request for dis- nancial Protection) position of a nomination. LEY, the distinguished Senator from On page 1208, between lines 12 and 13, insert (2) RECOGNITION OF NOTICE OF INTENT.—The Iowa, and I have worked on this for majority and minority leaders of the Senate the following: (f) EXPIRATION.—Notwithstanding any over a decade. Unfortunately, a number or their designees shall recognize a notice of other provision of this Act, the Bureau, and of loopholes have been developed since intent to object to a covered request of a the authority of the Bureau under this title, that provision was accepted, and today Senator who is a member of their caucus if shall terminate 4 years after the date of en- too much Senate business is done in the Senator— actment of this Act, unless extended by an (A) submits the notice of intent to object the dark, unaccountable, and away Act of Congress. in writing to the appropriate leader and from public scrutiny and public expo- grants in the notice of intent to object per- Mr. DODD. Mr. President, I ask the sure. mission for the leader or designee to object senior Senator from Oregon, does he This amendment closes the loop- in the Senator’s name; and want to be heard on his amendment? holes, and it is going to be enforced.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.049 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3694 CONGRESSIONAL RECORD — SENATE May 13, 2010 With this approach, every hold—every cause we wouldn’t be on this floor will ask for the yeas and nays fol- single hold—is going to have a public today had not the Senator from Mis- lowing my remarks. owner within 2 days. souri prosecuted this cause relent- This amendment is a very simple, I want to close by just briefly de- lessly. She has brought to light the straightforward one. It is one para- scribing how this would work. Under number of holds. When we have talked graph long. It is not complicated. What this proposal, if a Senator puts a hold about it, she has made the point that it essentially does is it sets a sunset on a bill or a nomination, they are re- this has gone on on both sides of the date for the newly created bureau of quired to submit a written notice in aisle. She deserves great credit for this consumer protection, allowing Con- the CONGRESSIONAL RECORD within 2 reform being made today. gress to reevaluate the bureau after 4 days. When that bill or nomination Let me also thank Senator COBURN— years. comes to the floor, and any Senator ob- Dr. COBURN—of Oklahoma. He has been I think most Americans, if they knew jects to its consideration on the very involved in reform issues for we were creating a big new bureauc- grounds of a hold, one of two things is many years. We are looking forward to racy here in Washington, DC, would going to happen: either the Senator an additional reform he is going to be want us to have some oversight. They placing the secret hold is going to have advancing that I look forward to spon- would want some accountability. They their name publicly released, or the soring. would want to make sure their tax dol- Senator who objected on their behalf is I wrap up only by way of trying to lars are being spent wisely and well. going to own that hold. That Senator highlight that after the Senate has This new consumer protection bureau will own it. Their name is going to be spent a lot of time discussing secret will have lots of new Federal employ- published in the congressional cal- holds over the last few months, on a bi- ees here in Washington, DC. It will endar. partisan basis, the Senate comes to- spend hundreds of millions of dollars So for the first time—after all of gether today with an approach that has every single year. Yet Congress has lit- these months and months of debate actually brought Senators together erally no oversight or authority with about secret holds in the Senate—there and is going to ensure that every single regard to this new bureau. is going to be public pressure and peer secret hold is going to have an owner. It seems to me, at least, that when pressure on those who try to do Senate That is going to be a big change. It is we have a fiscal situation as we have business behind closed doors. high time. The public deserves to have today in this country where we are Two last points with respect to re- public business actually done in public, running trillion dollar deficits literally forms included in this amendment: The and with the adoption of this amend- every year, where our debts are con- proposal eliminates the ability that a ment, that will be done. tinuing to pile up to the tune of dou- Senator now has to lift a hold before The chairman of the full committee bling our Federal debt, publicly held the current 6-day period expires and has been very gracious to me. I wish to debt in 5 years, tripling it in 10 years, never have it disclosed. ask for the yeas and nays at this time, we would want to do something to The Presiding Officer and I have and I wish to engage the chairman of make sure that any new expenditure of talked a bit about this matter of re- the full committee in a colloquy. The taxpayer dollars is spent efficiently, ef- volving holds in a 6-day period. This chairman has been very helpful with fectively, and that we are being as fru- has been a huge abuse. It has allowed a respect to scheduling this. gal as we possibly can. Senator to do business in secret and Is it the pleasure of the chairman of never have it recorded. With this new the committee that now, having de- I, for one, would not like to see us go bipartisan proposal, if a Senator places bated this, we set it aside for a vote down this path. I don’t think creating a hold, even for a day, even for a later in the day? a huge new bureaucracy here in Wash- minute, the hold is going to be dis- Mr. DODD. My pleasure is we have ington, DC, is necessary. I think we closed. the vote on the Wyden-Grassley can address the issue of consumer pro- Finally, the proposal makes it harder amendment. So whenever that can tection through existing agencies and for a group of Senators to replace re- occur, I am for it. We can do it right authorities. Frankly, I wish to see this volving holds on a nomination or bill. now. I am for it now. particular title in this legislation go With the 6-day time period, a group of Mr. WYDEN. I am ready to go to the away entirely, but it doesn’t look as Senators can pass a hold from one col- yeas and nays. though that is going to happen. We of- league to another and never have it Mr. President, I ask for the yeas and fered an amendment earlier this week discussed. By requiring all holds to be nays. that would have been a substitute for made public, it will be much more dif- Mr. President, I withdraw that re- this consumer protection title in the ficult to find new Senators to place re- quest. I thank the chairman of the bill and addressed it in what we think volving holds. committee. is a more reasonable way, but that was The last point: It seems to me, in ad- Mr. DODD. It is not my sole decision, voted down. dition to taking a step the country of course. My amendment simply says that 4 feels very strongly about, which is Mr. WYDEN. The chairman of the years from now, once this bureau has doing more public business in public, full committee has been very patient been created, let’s have it sunset, and this is being done in a bipartisan way. with us. He has done an extraordinary then, if necessary, Congress can come This is being done in a way that can amount of work. Let us, with that re- back and reauthorize it. Congress then bring Democrats and Republicans to- quest, hold off on the yeas and nays, would have an opportunity to fine-tune gether, in a way that doesn’t involve a and I ask the chairman that it be it, perhaps. Congress would have an op- lot of fingerpointing. I wish to mention scheduled with the next group of votes. portunity to look and see if it is per- a number of colleagues: the Presiding Mr. DODD. I can say to my colleague forming the function it was intended to Officer, the distinguished Senator from from Oregon that I expect momentarily perform; whether it is doing it in an ef- Virginia, has been very constructive we will work out some time agree- ficient and cost-effective way. Clearly, and has had many conversations with ments and we will schedule a vote fair- we have a responsibility to the Amer- me about this; Senator INHOFE, Senator ly quickly. ican taxpayer to have some account- COLLINS, and Senator GRASSLEY. Sen- Mr. WYDEN. I thank the chairman. ability with this new bureaucracy we ator INHOFE has been talking about The PRESIDING OFFICER. The Sen- are going to create as a result of this this issue with me and others for al- ator from South Dakota. legislation. most a decade as well. Senator BENNET, AMENDMENT NO. 3987 It is straightforward. We have other Senator MERKLEY, Senator WHITE- Mr. THUNE. Mr. President, I under- agencies of government that we do this HOUSE, all of these Senators, a large, stand amendment No. 3987 has been with—that we sunset, that we reau- bipartisan group come together to urge called up by the manager of the bill, thorize. We just did that with the the passage of this amendment. I want and I think it has been made pending, CFTC, which is an agency that was re- to single out too, though, for par- so I wish to speak to it. I hope at the authorized during the farm bill last ticular commendation, Mrs. MCCAS- appropriate time we will be able to get year. When we did that, we were able KILL, the Senator from Missouri, be- an agreement for a vote on it, and I to fine-tune its mission. It also gives

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.051 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3695 the opportunity to reorganize an agen- why I believe this is a bad idea in the They are different in that, No. 1, there cy, if it has to go through a reauthor- first place, but at a minimum we ought is more risk, because people may not ization process and a sunset process. I to allow it to sunset so we have an op- pay their credit card balance at the end don’t think it is asking too much, portunity to review it and reevaluate it of the month, so risk is associated with when we are talking about literally and make some decisions with regard it; and in the other there is very little, hundreds of millions of dollars annu- to its future 4 years from now. if any, risk. If there is no money in the ally and what would appear to be thou- It is very straightforward. It is one checking account, then it isn’t going to sands of new Federal employees in this paragraph long. Sunset the Bureau of be paid to the shopowner. It is a very new agency, and what would also ap- Consumer Financial Protection and simple transaction much like writing a pear to be incredibly broad and vast allow Congress to reevaluate that bu- check and the bank honoring the new powers and authorities that will be reau after 4 years. check. unchecked because there isn’t any ac- I hope my colleagues will support My amendment addresses the inter- countability to the Congress—Congress this amendment. I ask for the yeas and change fee. That is the amount paid by is not going to appropriate annually as nays and would hope at the appropriate the retail establishment to the credit we do with most agencies the power of time to be able to have a recorded vote. card company when a customer pre- the purse. This is all going to be run I yield the floor. sents a credit card. through the Federal Reserve. Yet it is The PRESIDING OFFICER. Is there a The two major credit cards in Amer- taxpayer dollars that are at risk here. sufficient second? ica are Visa and MasterCard. They ac- It is taxpayer dollars that are being There is a sufficient second. count for over 80 percent of the credit used to finance this new bureaucracy. The Senator from Illinois. and debit card business in the United I hope my colleagues will be able to AMENDMENT NO. 3989 TO AMENDMENT NO. 3739 States. They are the giants in America. find their way to support this amend- Mr. DURBIN. Mr. President, I am There are others—Discover, American ment. I think it is a reasonable ap- hoping that later this afternoon there Express, and others. But the two, Visa proach. Again, I don’t think it is ask- will be a unanimous consent request and MasterCard, are the two big kids ing too much. The American taxpayers that relates to an amendment I have on the block. They have established are paying the bills every year for this introduced, amendment No. 3989, and I legal arrangements with the businesses government and are having to deal wish to take a few minutes now since that accept their credit cards. It is with the burden of debt we are piling there is no one else seeking recognition those legal arrangements we are ques- on them because of the spending going on the floor to describe this amend- tioning with this amendment which I on in Washington. Of course, if you ment in the hopes that when it comes am going to propose later in the day. look at what we are spending this year up later, we can move to it and to a This amendment will help small busi- and what we spent last year in the Fed- vote very quickly. nesses, merchants, and consumers by eral Government, much of it was bor- I have spoken on the floor of the Sen- providing relief from high interchange rowed. Out of all the spending last ate several times about the amendment fees for debit card transactions. We are year, about 43 cents out of every dollar because it is complicated in one re- focusing on debit card transactions be- was borrowed. This year it is about 39 spect. This amendment relates to the cause those are the ones that have cents out of every dollar. When we are fees charged by credit card companies much less, if any, risk involved to running those kinds of deficits and pil- such as Visa and MasterCard to the re- them. ing up that kind of debt with this kind tailers and businesses that accept the On the floor of the Senate, we are of spending going on in Washington credit cards. So if you are a customer working on a bill to prevent the big and the fiscal problems we have as a of a shop and you purchase something, banks from basically rigging the finan- Nation, it makes perfect sense to me. I you present a credit card. There are cial system in a way that helps Wall think it makes perfect sense to the then two transactions taking place, at Street and hurts the shops on Main American taxpayer. If we are going to least. One transaction is between you Street. If we are going to look at the create a huge new bureaucracy—which and your credit card company, because rigged financial systems that hurt I said I don’t believe is necessary, but, you put the credit card out there and small businesses, we have to include nonetheless, if it is going to happen in you have to pay the bill later on. The the credit and debit card industries. this legislation—let’s take a look at other transaction relates to the busi- Credit and debit cards are rapidly re- this again 4 years from now. Let’s ness, the shop that accepts your credit placing cash and checks in the Amer- allow it to sunset and allow us to go card. By accepting your credit card, ican economy. There are over 1 billion through a process where we reauthor- they also accept an obligation to pay credit and debit cards in America. ize, reevaluate and review and see if it the credit card company or the bank Think of that: 300 million people and 1 is functioning the way it is intended, issuing the credit card. It is called an billion credit and debit cards. That and whether these authorities and pow- interchange fee. There is another one gives you an idea of the number of ers created by this new bureaucracy is called a swipe fee. So the credit card cards people own. what the American people want to see company is getting paid both ways. Last year, Americans conducted $1.7 happen. They get paid by the customers who trillion in transactions on credit cards One final point I will make. There pay interest on outstanding balances and $1.6 trillion on debit cards, which are lots of entities out there other than on their credit cards, and they get paid are becoming more and more popular. banks that are worried about this par- by the retail establishments that ac- Credit and debit cards are now used in ticular title of the bill because of the cept the credit cards. The credit card more than half the retail sales in the rulemaking authority that exists. We companies have a lucrative business United States of America. Yes, being have auto dealers, jewelry businesses, going on both sides of the transaction. able to pay with plastic is a great con- furniture stores, orthodontists, and This amendment I am speaking about venience, but there is another reality. lots of small businesses that are con- relates not to you as a customer own- The shift from cash and checks to cred- cerned they are going to be covered by ing a credit card, but rather to the it and debit means that the way we do the reach of this new agency with these shop or retail establishment that ac- business in America is increasingly broad new authorities with very little cepts the credit card. What is a reason- falling under the control of these two accountability and oversight by the able amount for them to pay? giants of the credit and debit card in- Congress. That is a concern to a lot of There are two major types of credit dustry—Visa and MasterCard. small businesses to whom we look to cards. One is a credit card and the These card networks dominate the create the jobs and, hopefully, initiate other is a debit card. A credit card is credit and debit industries, as I men- an economic recovery in this country basically that. You are buying on cred- tioned earlier. They are used in 80 per- and get the economy growing and back it with the promise to pay when your cent of all such transactions. Unfortu- on track. This, in fact, could put lots of monthly bill comes around. The debit nately, these two companies are look- new burdens, lots of new bandaid, lots card is different because it takes the ing for profits, and they are not always of new costs on many of these small money directly out of your checking looking out for the best interests of the businesses. That is yet another reason account and gives it to the shopowner. merchants, the small businesses, the

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But, in fact, the real world The amendment requires that debit bring it up under credit card reform of credit cards with the two giants, card interchange fees be reasonable and and they said: No, Senator DURBIN, Visa and MasterCard, is a world where proportional. I do not pick a number. I that is the wrong bill. Now I want to there is little or no competition. do not set a fee. We want to make sure bring it up on the Financial Stability The credit and debit card markets they are proportional and reasonable Act, and they say: No, it is the wrong are not normal. Visa and MasterCard to the cost incurred in processing the bill. I do not think it is. I do not think unilaterally set interchange fee rates transaction. there is a right bill with an issue that that apply to all banks within their Debit card transactions are fun- is this controversial and complex. But card networks. There is no negotiation damentally different from credit card it is an important enough issue that we between the banks and merchants over transactions. All that happens in a should address it and we should vote on reducing interchange rates. Individual debit card transaction is you deduct it. businesses in New Hampshire, Illinois, money from your bank account. It is Visa and MasterCard require inter- New York, and all across America have akin to writing a check. That is why change fees every time someone uses a no bargaining power with these giant debit cards are advertised as check debit or credit card. The fees range credit card companies. They set the cards. from 1 percent to 3 percent of the rules, they fix the fees, take it or leave Right now in the United States, amount of the transaction. It is a con- it. there are zero transaction fees de- voluted system. Visa and MasterCard Visa and MasterCard have every in- ducted when you use a check. The Fed- charge interchange fees to the mer- centive to continue to raise inter- eral Reserve does not allow transaction chants, but instead of keeping the change fees because that additional fees to be charged for checks. But when money, they pass the money to the revenue makes it more likely banks it comes to debit cards, Visa and banks that issue the Visa and will issue more cards. MasterCard charge high interchange MasterCard. Why do they do this? What can businesses do to stop these fees just as they do for credit. Why? Some of it is to help the banks cover rising interchange fees? Almost noth- Because they can get away with it. the cost of conducting the transaction. ing. Some—very rarely—businesses say There is no regulation, there is no law, Most of it is to induce banks to issue they do not accept credit or debit there is no one holding them account- cards, but the vast overwhelming num- more Visa and MasterCard credit cards. able. Around $50 billion in interchange fees ber of businesses do. They have to. It is An estimated $20 billion was col- were collected in 2008, with about 80 part of doing business in America. lected from businesses and consumers Visa and MasterCard have 80 percent percent of that money going to 10 of across America in debit interchange of the credit and debit market. Mer- the largest banks in America—80 per- fees last year—$20 billion. That money chants have to use them. They tell the cent of it. The card-issuing banks use comes from the bottom line of every merchants: If you want to take our this interchange revenue to pay for small business in every town in Amer- card, you live with the fees we charge. ads, to offer rewards, to issue more ica that accepts payments by debit That is not a competitive situation at card. cards. Not surprisingly, the revenue all. also helps banks make large profits and This current system is not sustain- My amendment will bring some rea- give bonuses to their CEOs. Banks love able. If left alone, it is going to get sonableness to the system. It tells the the money, and they love the current worse for small businesses that face Federal Reserve to ensure that debit interchange system. higher fees, for consumers who face fees are reasonable and proportional to As interchange fees go up, it means higher prices, and for everyone but the cost and not just a way of generating banks get more money to issue more banks and credit card networks. huge profits at the expense of small cards and increase their profits. Rising Here is the most unbelievable part. businesses. If we can reduce debit interchange fees also benefit Visa and Businesses in every other country in interchange fees to a reasonable level, MasterCard because it means more the world get a better interchange deal it would be similar to a tax break on cards will be issued, and with each card from Visa and MasterCard than busi- every debit card sale a merchant comes another fee, called a network nesses in the United States of America. makes. Think how much that would fee, every time the card is used. I told that to someone, and they said: help small businesses on Main Street. What a great system—as long as It sounds like pharmaceutical drugs, One of my colleagues said: Even if interchange fees are increasing, both where you can buy the U.S. pharma- the businesses save money and do not the card networks and the banks could ceutical drug more cheaply in Canada, have to pay more to the credit card not be happier. Mexico, and Europe. It is the American companies, what makes you think they The troubling thing about inter- consumers paying more. are going to give the consumers a change fees is they are deducted from The same thing is true when it comes break with it? They may take it in every transaction left for the seller. to Visa and MasterCard. They charge profits. They can. There is no way to This is very different from cash and American businesses higher inter- police that. check systems. When a business makes change fees than they charge busi- I just had a press conference with the a cash sale, it gets full payment in nesses around the world. Visa and National Association of Convenience hand, and the Federal Reserve requires MasterCard already charge the highest Stores. We know them as the small the checks clear at their full face interchange rates in the world to shop on the corner that has some gro- value. So a $100 sale by cash or check American businesses, and the rates ceries and maybe candy bars, slurpies— is a $100 sale. But when a business keep going up. whatever you want to stop and buy. It makes a $100 sale by credit or debit There was a GAO report last year. It also turns out these convenience stores card, the banks and their card net- found that Visa and MasterCard—listen sell 82 percent of the gasoline sold in works take a cut. The business may to this—had voluntarily reduced the America. They are part of the same as- end up with only $98 out of $100 that is interchange fees on businesses in other sociation. on the debit card, maybe less. The busi- countries. Just last month, Visa volun- I said to the man who ran the asso- ness is getting shortchanged the actual tarily lowered many of its European ciation: What guarantee do we have, if face value of the transaction. debit rates by 60 percent—unilaterally we reduce the amount you have to pay To make up for interchange fees, lowered them by 60 percent. What hap- the credit card companies, that the businesses are forced to raise their pened in the United States? They consumers will feel it? He said: We are prices, cut back on expenses or some- raised the fees by 30 percent on Amer- the only business that posts prices thing such as that. They may even cut ican businesses trying to fight their right out on the sidewalk for all the back on employees to keep up with way out of this recession. motorists to see of our most popular

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.054 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3697 item, our gasoline. We fight over pen- their own trade association credit and credit unions. That was another nies. If we can reduce it a penny or two cards and the fact they receive these comment. They said, well, listen, DUR- a gallon, we are going to attract more generous interchange fees. BIN, if your amendment passes, they customers. If we can save money when ICBA, so-called Independent Commu- will say: This establishment will not it comes to these interchange fees, it nity Bankers Association, profits from accept credit cards from a small bank puts us in a more competitive position the unfair swipe-fee system just like that issues these cards. We make it ex- to bring in more customers to buy gas- the biggest banks in America today. press in the amendment that we are of- oline. That is one side of the argument That is a conflict of interest. fering that you cannot discriminate that could inure to the benefit of the Is this Washington trade association against the issuer, that is, the bank, of consumers. There are no guarantees. truly representing small banks that the credit card. You can only say you In the world I am talking about, you will get higher interchange fees than prefer one network over another be- get to shop around. As the customer, the big banks under my amendment or cause the interchange fees on your you pick the convenience store, you is it just interested in protecting its business happen to be lower, but you pick the grocery store, you pick the own revenue stream? I called back to can’t pick out banks. You may say: We prices. When it comes to the owners of some of my friends in downstate Illi- prefer Visa or MasterCard, but you the store using credit cards, they do nois, where I come from—small town, cannot pick them out by banks. not get to shop. They get a ‘‘take it or small city America—and I talked to Interchange fees have real-life con- leave it’’ from MasterCard and Visa them about this. I said: I am exempting sequences on businesses across Amer- and have no bargaining power whatso- banks with assets of less than $10 bil- ica. I have been receiving calls and let- ever. lion. ters from small business owners all Many Senators are worried about They said to me: Well, that is per- over the State asking Congress to fix community banks that also issue cred- fectly reasonable. It won’t touch any this rigged interchange system. Last it cards. One thing I hear over and over community banks you know in week, my office received petitions from my colleagues is we do not want downstate Illinois. signed by 92,000 Illinois consumers to hurt smalltown banks, regional That is an indication to me that this seeking to reform credit and debit banks, banks that are not the big boys trade association out here is not speak- interchange fees. The amendment has on Wall Street that issue credit cards. ing—really speaking—for community also been endorsed by 203 national and That is why I amended my amendment banks when they say they oppose this State trade associations representing and said we will exempt all banks with amendment as amended. every type of business you can think less than $10 billion in assets. If you My amendment also aims to make of, and it has been endorsed by Ameri- have more than $10 billion in assets, it sure Visa and MasterCard can’t block cans for Financial Reform, a coalition would be hard to call you a community merchants from offering discounts to of over 250 consumer, civil rights, bank. You are a much bigger operation. their customers. For example, Visa has labor, retiree, and business groups. Under my amendment, Visa and a provision in its contract with all of If you talk to Visa, MasterCard, and MasterCard could continue to set the the businesses that accept it that the the biggest banks, all you will hear is same debit interchange rates they do business cannot offer a customer a dis- how well the current system is working today for small banks and credit count to use a competing credit card, and how we ought to keep our hands off unions. Ninety-nine percent of banks, such as a MasterCard. MasterCard has it. But if you talk to the local grocery 99 percent of credit unions have assets a similar provision. So they are pro- store owner or the person who owns the of less than $10 billion. Of all the credit tecting one another. You can’t say, for local restaurant in your hometown or unions in the United States, only three example, that your shop prefers Visa the man who owns the gas station or have assets over $10 billion. cards because the Visa card charges the family who runs a local diner— One of my colleagues said: I am very you less as a business. They prohibit small businesses and merchants across close to the credit unions. I say to my that back and forth. America—they will tell you stories colleague: I am sure you are also close Some people say: Well, maybe that is about dealing with Visa and to the small businesses in your State, okay. Would it be okay if we take it to MasterCard and what it has meant to and in this situation, 99 percent of the the next example: It is like Coca Cola them in their business. credit unions, virtually every credit saying that a store can sell Coke but This afternoon, Art Potash, who union in your State would be exempt only if it agrees not to sell Pepsi at a owns some grocery stores in Chicago, from this law, but your small busi- lower price, and it is like Pepsi saying came by my office. We had a little nesses may benefit from it because the the same thing. Who loses in that deal? press conference. He talked about the largest banks have the largest impact I can tell you who loses—the customer, competitiveness of the grocery busi- on credit card interchange fees. because there is no competition and ness, where the return is usually 1 or 2 My amendment would subject the the business because it does not attract percent and he ends up paying 2 to 3 biggest banks in America, the ones the customers with competition and percent back to the credit card compa- that issue the vast majority of debit lower prices. Translate that into credit nies for people who use credit and debit cards and get the vast majority of cards, and that is what Visa and cards. He is stuck because if he doesn’t interchange fees, to a reasonable fee MasterCard are doing today. My accept credit and debit cards, he is requirement. amendment strips these provisions really trying to fight the tide. More I hear the so-called independent com- from Visa and MasterCard contracts so and more people are using them. But munity banks of America oppose my merchants can offer discounts without he is paying a fee, which is cutting amendment. I could not understand it. penalty. right into the bottom line. With this If I exempted banks with less than $10 My amendment would also allow interchange fee at a more reasonable billion, that would exempt 99.8 percent merchants to offer discounts for cus- level, he would be able to expand his of all of the so-called community tomers who pay by cash, check, or business and hire more people. banks in America. Why do they still debit card as opposed to credit cards. Wouldn’t that be a good outcome in an oppose it? I have learned why. The Sometimes, Visa and MasterCard economy where we are desperate to Independent Community Bank Associa- threaten to fine merchants who offer deal with unemployment? tion is a major issuer of credit and discounts for these cheaper forms of Let’s put Main Street above the big debit cards. They are one of the top 25 payment. My amendment would end banks and credit card companies. I ask credit card issuers in the United States those threats once and for all. This my colleagues to help me in passing and are the 23rd largest debit card type of effort to promote noncompeti- this amendment. issuers. They make a lot of money off tive practices should not be allowed, Madam President, I have received interchange fees. They do not have and my amendment would bring it to letters and comments from merchants clean hands in this debate. They are, in an end. and businesses across the State of Illi- fact, conflicted in this debate. They are Nothing in my amendment would nois supporting my amendment for not arguing on behalf of small banks. allow merchants to discriminate interchange reform. I have received Sadly, they are arguing on behalf of against cards issued by small banks them from James Phillip of Phillip’s

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.055 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3698 CONGRESSIONAL RECORD — SENATE May 13, 2010 Flower Shops in Westmont, IL; Robert ed to $48 billion in 2008, will continue to rise providing relief to businesses owners who Jones, president of American Sale as card companies and issuing banks seek have seen their interchange credit card as- patio store in Tinley Park, IL; George even higher profits, primarily on the backs sessments skyrocket—for many businesses LeDonne, owner of LeDonne Hardware of our organizations’ members. This comes exceeding the cost of providing health care at a time when businesses, state agencies benefits to their employees. in Berkeley, IL; Russ Peters, owner of and charities—all of whom pay interchange In closing, we are very concerned about the Mobile Print in Mount Prospect, IL; fees—are struggling to help the economy unintended consequences of not addressing Jim Dames, owner of Snackers Cafe in grow again and when consumers can least af- interchange fees will have on our industries Western Springs; George Preckwinkle, ford pricing increases. as the card companies and big banks con- a friend of mine and president of Despite Congress’ efforts to reign in abu- tinue to seek higher profits as a direct result Bishop Hardware and Supply, with 10 sive practices, credit card companies con- of financial regulatory reform legislation, tinue to take advantage of a major loophole and other failing portfolios, through ever in- locations in central Illinois; Paul Tay- in financial regulation. In fact, they an- lor, owner of Taylor’s Gifts and Bonsai; creasing interchange fees. We ask that you nounced interchange rate increases just support S. Amdt. 3989, sponsored by Senator Rattanaporn Deeudomchan, owner of months after the passage of the Credit Card Durbin, to the Restoring American Financial the King and I Thai Restaurant in Oak Accountability, Responsibility and Disclo- Stability Act of 2010 when it comes up for a Park; Yvonne Francois, who owns sure Act of 2009 (Credit CARD Act), effec- vote in order to ensure that financial regula- Queenie’s Court, a restaurant in the tively circumventing many of the reforms tion reform is comprehensive and complete. food court at the Ford City Mall in instituted by Congress. More recently, Visa We look forward to working with you and Europe announced last month that it was Chicago; and John Gaudette, director your staff to incorporate these meaningful, voluntarily dropping debit card interchange common-sense reforms as part of the finan- of the Illinois Main Street Alliance, fees to 0.2% in Europe, a decrease of 60%, representing 450 small businesses cial regulatory reform legislation. while earlier in the month Visa increased Sincerely, across the State. rates on similar transactions in the United NATIONAL TRADE ASSOCIATIONS. I ask unanimous consent to have States by some 30%. Quite literally, at a rate American Apparel & Footwear Association, printed in the RECORD at this stage of of approximately 2.0% on debit card inter- American Association of Motor Vehicle Ad- the debate some of the comments and change fees, which is 10 times higher in the ministrators, American Beverage Licensees, letters which have been sent to me. United States, American businesses are sub- American Booksellers Association, American sidizing European transactions. Dental Association, American Home Fur- There being no objection, the mate- Simple, common-sense reforms are needed nishings Alliance, American Hotel & Lodging rial was ordered to be printed in the to correct this market imbalance, which Association, American Nursery & Landscape RECORD, as follows: would give our organizations’ members addi- Association . . . AMERICANS FOR FINANCIAL REFORM, tional tools to manage our costs related to Washington, DC., May 13, 2010. interchange fees. First, the amendment Mr. DURBIN. Madam President, I see Senator DURBIN, would give the Federal Reserve the author- one of my colleagues on the Senate U.S. Senate, ity to conduct an open and fair rulemaking— floor, so I am going to yield. And I say Washington, DC. without prescribing an outcome—in order to to my colleagues, I am hoping this DEAR SENATOR DURBIN: We write on behalf develop regulations to ensure that inter- amendment comes up this afternoon. I of Americans for Financial Reform, an un- change fees imposed on debit card trans- will take less time to describe it then, precedented coalition of over 250 national, actions be ‘‘reasonable and proportional’’ to state and local groups who have come to- the cost incurred in processing the trans- but I wanted to use this time to put my gether to reform the financial industry. action. Debit transactions are not an exten- full statement in the RECORD. I will Members of our coalition include consumer, sion of credit and are directly drawn from a just say to my colleagues that there civil rights, investor, retiree, community, consumer’s checking account, yet the inter- won’t be another amendment that we labor, religious and business groups as well change rate on debit transactions continues will consider this week or in the near as Nobel Prize-winning economists. We sup- to increase. Small banks, credit unions and future of such importance to small port a strong Consumer Financial Protection thrifts with assets of under $10 billion would businesses across America. Let’s stand Bureau and oppose weakening amendments be carved-out from these rules, meaning that up for these small businesses and give to the Restoring American Financial Sta- 99% of all banks, 99% of all credit unions, bility Act, S. 3217. and 97% of all thrifts would be exempt, al- them a fighting chance against giants Durbin Amendment #3989 is a move to- lowing them to continue to receive the same in the credit card industry. It is only wards helping Main Street. interchange fees they receive today. fair, and it is a good way to revive this Americans for Financial Reform supports Second, the amendment would prohibit economy and put people back to work. the Durbin Reasonable Fees and Rules for anti-competitive restrictions on discounts Madam President, I yield the floor, Payment Card Transactions Amendment and the setting of minimum transaction lev- and I suggest the absence of a quorum. #3989 because it is good for merchants and els, providing entities with the freedom to The PRESIDING OFFICER (Mrs. good for consumers. The bank payment net- choose their preferred method of payment. works, Visa and MC, impose high, nonnego- Under current rules, any business, charity or SHAHEEN). The clerk will call the roll. tiable interchange fees for accepting credit government agency that accepts credit or The assistant editor of the Daily Di- and debit cards and use other unfair contrac- debit cards is prohibited from setting a min- gest, proceeded to call the roll. tual practices that mean all consumers pay imum transaction level, such as $3, even Mr. KOHL. Madam President, I ask more at the store and more at the pump, though the entity may actually lose money unanimous consent the order for the whether they pay with cash or plastic. The on the transaction because of slim profit quorum call be rescinded. bulk of the $48 billion estimated yearly take margins. Visa and MasterCard can and do The PRESIDING OFFICER. Without from interchange fees flows to the largest impose fines on small businesses up to $5,000 objection, it is so ordered. Goliath banks. Giving merchants more flexi- per day for such offenses, which has the ef- Mr. KOHL. Madam President, I rise bility against unfair bank and card network fect of ensuring that the card companies and practices will result in more payment big banks turn a profit even if the small today to speak about amendment No. choices for consumers and lower merchant business loses money on the transaction. In 3788, an amendment essential to pro- costs. addition, the amendment allows businesses tecting consumers. As we work to rein For information, please contact Ed to incentivize the use of one card network in the excesses of Wall Street and shore Mierzwinski. over another (e.g., a discount may be pro- up our economy, we must do all that Sincerely, vided for Discover cards if they carry a lower we can to ensure consumers can get AMERICANS FOR FINANCIAL REFORM. interchange rate) and allows businesses to discount prices from retail stores at offer discounts on certain forms of payment the very time when they need them the MAY 12, 2010. (e.g., a discount may be offered for cash, TO THE MEMBERS OF THE UNITED STATES check, PIN debit, etc., all of which carry most. SENATE: The undersigned organizations, rep- lower rates than credit cards). This amend- My amendment will restore the near- resenting a diverse array of interests includ- ment would not enable merchants to dis- ly century old rule that made it illegal ing small business, state, organizations, den- criminate against debit cards issued by small under antitrust law for a manufacturer tists, retailers, restaurants, grocery stores, banks and credit unions. Visa and to set a price below which a retailer convenience stores and others, write in MasterCard require merchants to accept all could not sell a product—a practice strong support of S. Amdt. 3989, sponsored by cards within their networks, and this amend- known as ‘‘resale price maintenance’’ Senator Richard Durbin, regarding inter- ment does not change that requirement. change fee reforms to S. 3217, the Restoring By providing these and other important re- or ‘‘vertical price fixing.’’ This rule American Financial Stability Act of 2010 forms, the Congress will send a strong mes- was overturned in June 2007 by a nar- now before the Senate. Unless relief is grant- sage that it supports modernizing and updat- row 5–4 majority of the Supreme Court ed, interchange ‘‘swipe fees,’’ which amount- ing our financial payments systems while in the Leegin case. My amendment is

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.056 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3699 identical to the Discount Pricing Con- product, from clothing to electronics So this amendment, again, for which sumer Act—a bill which has 10 cospon- to groceries, in both ‘‘big box’’ stores we have bipartisan support, corrects sors and passed the Judiciary Com- and on the Internet. My amendment one of the inequities in our financial mittee last month. Our bill has been will correct the Supreme Court’s ab- system which keeps Americans from endorsed by 39 State attorneys general, rupt change to antitrust law, and will accessing this very important tool the leading consumer groups, as well as ensure that today’s vibrant competi- that, frankly, I think is as important numerous antitrust experts, including tive retail marketplace and the savings as their health statistics: their blood former FTC Chairman Pitofsky. gained by American consumers from pressure, heart rate, and so on. But For 96 years until the Leegin decision discounting will not be jeopardized by people have not been able to access the rules were clear. Manufacturers the abolition of the ban on vertical that credit score. could not set a retail price, and retail- price fixing. I urge my colleagues to So there is a fundamental principle ers could not be prevented from dis- support this amendment. that is at stake. If their credit score is counting. Millions of consumers saw I suggest the absence of a quorum. being used against them, they ought to the benefits of discount prices every The PRESIDING OFFICER. The have the right to at least see it. This day. Thousands of retailers all across clerk will call the roll. Wall Street accountability package we the country were able to discount their The assistant editor of the Daily Di- are considering, at the heart of it—I products and sell their goods at the gest proceeded to call the roll. think the Senator from New Hampshire most competitive prices. Many credit Mr. UDALL of Colorado. Madam knows this—we want to give Ameri- the ban on vertical price fixing with President, I ask unanimous consent cans more tools so they are more finan- the rise of today’s low price, discount that the order for the quorum call be cially literate. They can take control rescinded. retail giants—stores like Target, Best of their financial future. The PRESIDING OFFICER. Without Buy, Walmart, and the Internet sites So the best part of this amendment is objection, it is so ordered. Amazon and EBay, which offer con- that consumers will receive notifica- Mr. UDALL of Colorado. I ask unani- tion of their score without any red sumers a wide array of highly desired mous consent that Senators SCHUMER tape. This is good government. It is products at discount prices. and LEVIN be added as original cospon- pure transparency reform that will em- But the consequences of the Leegin sors to amendment No. 4016. decision should worry all of us. Allow- power Americans, as I have said, with The PRESIDING OFFICER. Without critical information about their finan- ing manufacturers to set retail prices objection, it is so ordered. threatens the very existence of dis- cial health. This makes common sense. Mr. UDALL of Colorado. I thank Let’s put Americans in charge of counting and discount stores, and leads them for their support. I also want to their financial future. So as I close, I to higher prices for consumers. In his first thank Senators LUGAR and BOND thank, in turn, Chairman DODD, Sen- dissenting opinion in Leegin, Justice for the efforts they brought forth, ator LUGAR, Senators LEVIN, BOND, Breyer cited economic studies that es- along with those on our side, for this SCHUMER, BEGICH, LAUTENBERG, and all timated that if only 10 percent of man- important amendment. of the 20-plus additional Senators who ufacturers engaged in vertical price This amendment will make it a fact helped push for this important reform. fixing, retail bills would average $750 to of life that individual Americans can I especially thank Senator PRYOR $1,000 higher for the average family of more easily access their credit score. I who has worked with us to find some- four every year. have come to the floor of the Senate on thing everyone can agree on. I look for- And the experience of the last 3 years a number of occasions over the last ward to this amendment being called since the Leegin decision is beginning week to push for an important change up later, and I urge all colleagues to to confirm our fears regarding the dan- in the world of credit bureaus and cred- support this commonsense reform that gers of permitting vertical price fixing. it reports and now credit scores. will give Americans control over their The Wall Street Journal has reported A credit score impacts consumers’ in- financial futures. that more than 5,000 companies have terest rates, monthly payments on I suggest the absence of a quorum. implemented minimum pricing poli- home loans, and can even affect a con- The PRESIDING OFFICER. The cies. Internet monitors scour the Web sumer’s ability to buy a car, rent an clerk will call the roll. at the behest of manufacturers to pre- apartment, and get phone or Internet The legislative clerk proceeded to vent discounting. And there have been service. I have been working with call the roll. many reports of everything from con- Chairman DODD, the Treasury Depart- Mr. DEMINT. I ask unanimous con- sumer electronics and video games to ment, the Federal Reserve, and other sent that the order for the quorum call baby products and toys, rental cars and colleagues in the Senate to reach a be rescinded. bathtubs being subject to minimum re- compromise that will help us achieve The PRESIDING OFFICER. Without tail pricing policies. those objectives I just outlined. objection, it is so ordered. My amendment is quite simple and I am very pleased to say I think at AMENDMENT NO. 3852 TO AMENDMENT NO. 4019 direct—it merely returns us to the this fairly late hour on a Thursday Mr. DEMINT. Madam President, I state of the law the day before Leegin that we have agreed to an approach call for the regular order with respect was decided. It would simply add one that will give millions of Americans to the Wyden amendment No. 4019 and sentence to section 1 of the Sherman unsolicited access to their genuine call up my amendment No. 3852 as a Act—a statement that any agreement credit score. I have talked about the second-degree amendment. with a retailer, wholesaler or dis- difference between the score and the The PRESIDING OFFICER. The tributor setting a price below which a report. The report is a valuable tool, clerk will report. product or service cannot be sold vio- but unless people have their score they The assistant legislative clerk read lates the law. No balancing or pro- do not know where they stand. as follows: tracted legal proceedings will be nec- Our bipartisan amendment will build The Senator from South Carolina [Mr. essary. Should a manufacturer enter upon existing law and require disclo- DEMINT], for himself and Mr. VITTER, pro- poses an amendment numbered 3852 to into such an agreement it will unques- sure of credit scores to consumers amendment No. 4019. tionably violate antitrust law. Instead whenever their credit score is used Mr. DEMINT. I ask unanimous con- of the complexity of the ‘‘rule of rea- against them. So under our amend- sent that reading of the amendment be son’’ announced by Leegin, we will ment, if they are turned down for cred- dispensed with. once again have a simple and clear it because of their credit score, which The PRESIDING OFFICER. Without legal rule banning vertical price fix- is not an unusual occurrence, frankly, objection, it is so ordered. ing—a legal rule that will promote low they have the right to see the credit The amendment is as follows: prices and discount competition to the score that was used against them. (Purpose: To require the completion of the benefit of consumers every day. Under this amendment, if they are 700-mile southwest border fence not later In the last 50 years, millions of con- charged a higher interest rate or get than 1 year after the date of the enactment sumers have benefited from an explo- less favorable terms on a loan because of this Act) sion of retail competition from new of their score, they will also receive no- At the appropriate place, insert the fol- large discounters in virtually every tification of that score. lowing:

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.028 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3700 CONGRESSIONAL RECORD — SENATE May 13, 2010 SEC. ll. BORDER FENCE COMPLETION. whose main task is to save the Amer- from the Recovery Act being spent (a) MINIMUM REQUIREMENTS.—Section ican people money by analyzing how there. 102(b)(1) of the Illegal Immigration Reform public funds are spent. They make rec- Madam President, employees of the and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended— ommendations to Congress on how best GAO continue to ensure government (1) in subparagraph (A), by adding at the to eliminate waste and make programs programs work for the American peo- end the following: ‘‘Fencing that does not ef- more efficient. If our elected officials ple. They remain ever-vigilant to en- fectively restrain pedestrian traffic (such as have been entrusted to guard over pub- sure all of our public funds are spent vehicle barriers and virtual fencing) may not lic business, surely it is the men and wisely and carefully. be used to meet the 700-mile fence require- women of the GAO who, in the words of I hope my colleagues will join me in ment under this subparagraph.’’; the ancient adage, ‘‘watch over the thanking Cathleen Berrick, Cynthia (2) in subparagraph (B)— guardians.’’ Bascetta, and all of the outstanding (A) in clause (i), by striking ‘‘and’’ at the Today, I want to highlight the end; public servants at the Government Ac- (B) in clause (ii), by striking the period at achievements of two outstanding em- countability Office for their service to the end and inserting ‘‘; and’’; and ployees of the GAO. our Nation. They are all truly great (C) by adding at the end the following: Cathleen Berrick has spent her whole Federal employees. ‘‘(iii) not later than 1 year after the date of career as a public servant. First in the Thank you, Madam President. I yield the enactment of the Restoring American Fi- Office of the Inspector General at the the floor. nancial Stability Act of 2010, complete the Pentagon and with the Air Force Audit The PRESIDING OFFICER. The Sen- construction of all the reinforced fencing Agency, and later with the Postal ator from Connecticut. and the installation of the related equipment Service’s Inspector General and the described in subparagraph (A).’’; and Mr. DODD. Madam President, before (3) in subparagraph (C), by adding at the GAO, Cathleen has been at the fore- our colleague from Delaware leaves the end the following: front of ensuring the accountability of floor—I said this once before, but I ‘‘(iii) FUNDING NOT CONTINGENT ON CON- government for many years. want to repeat it. Our colleague from SULTATION.—Amounts appropriated to carry As a Managing Director at the GAO Delaware has only been here a few out this paragraph may not be impounded or for Homeland Security and Justice, she months, I guess—a little over a year otherwise withheld for failure to fully com- has led comprehensive analyses of po- now; it goes by very quickly—having ply with the consultation requirement under tential security vulnerabilities at the stepped in after our colleague, JOE clause (i).’’. Transportation Security Agency and (b) REPORT.—Not later than 180 days after BIDEN, became Vice President, and I do the date of the enactment of the Restoring suggested key improvements. not know how well noticed it goes, but In 2008, when assigned to review the American Financial Stability Act of 2010, the Senator KAUFMAN, I believe almost on Secretary of Homeland Security shall sub- plan for the TSA’s Secure Flight Pro- a daily basis or something like that—— gram, which screens air passengers mit a report to Congress that describes— Mr. KAUFMAN. Weekly. (1) the progress made in completing the re- against terrorist watch lists, Cathleen Mr. DODD. On a weekly basis—takes inforced fencing required under section identified flaws and offered sound rec- a few minutes to recognize people 102(b)(1) of the Illegal Immigration Reform ommendations. She also conducted whose names and faces I am sure most and Immigrant Responsibility Act of 1996 (8 studies and authored reports recom- Americans have never known or seen. U.S.C. 1103 note), as amended by this section; mending more oversight in how we se- and Their families and neighbors are famil- cure our Nation’s mass-transit systems (2) the plans for completing such fencing iar with them. But he chooses three or and passenger rail. not later than 1 year after the date of the en- four people who have worked on behalf actment of this Act. Cathleen has testified before congres- sional committees over 20 times and of all of us, in many cases for years, Mr. DEMINT. I yield the floor. without ever getting the kind of noto- Mr. DODD. I suggest the absence of a has proven to be an expert resource for policymakers. riety and celebration people in elective quorum. office receive. I wish to thank him for The PRESIDING OFFICER. The The second person whose story I will share is Cynthia Bascetta. Cynthia had doing it. It is not a piece of legislation. clerk will call the roll. It is not an amendment to a bill. It is The assistant legislative clerk pro- worked for the GAO for 30 years when she was set to retire. However, the dev- not some ordinance or some treaty this ceeded to call the roll. Senate has an obligation to engage in; Mr. KAUFMAN. Madam President, I astation wrought by Hurricane Katrina it is merely taking a little time to rec- ask unanimous consent that the order caused her to delay her retirement, and ognize some very fine Americans. We for the quorum call be rescinded. she decided to remain in public service. all hear about the ones who mess up The PRESIDING OFFICER. Without As the GAO’s Director for Health and do things that are wrong. They get objection, it is so ordered. Care, Cynthia leads two major reviews Mr. KAUFMAN. Madam President, I of public health care infrastructure in the headlines. But every day, there are ask unanimous consent to speak as in New Orleans to ensure recovery funds literally thousands of people in this morning business for up to 5 minutes. are being spent wisely and for the country who go to work on behalf of The PRESIDING OFFICER. Without greatest benefit. In her three decades the American public who do their jobs objection, it is so ordered. of service at the GAO, she has fought diligently and serve us all tremen- dously well. The fact that one Member TRIBUTE TO CATHLEEN BERRICK AND CYNTHIA to improve Federal disability policies, in this body every week takes a few BASCETTA urged making HIV treatment and pre- Mr. KAUFMAN. Madam President, I vention a national priority, and rec- minutes to say thank you is something rise today to speak once more about ommended changes to Social Security I deeply appreciate, and I thank him. our Nation’s great Federal employees. that helped beneficiaries return to Mr. KAUFMAN. Madam President, I Henry Clay once said: work without losing health care bene- thank the Senator from Connecticut. I Government is a trust, and the officers of fits. thank him for what he does, and I wish the government are trustees; and both the One of the areas of focus throughout to say to all the world, he is truly one trust and trustees are created for the benefit Cynthia’s career has been improving of the great Federal employees. So I of the people. care for our wounded veterans. She tes- thank the Senator from Connecticut. Every dollar of the taxpayers’ money tified at the first congressional hearing Mr. DODD. I note the absence of a that we in Congress spend on their be- to investigate the conditions at Walter quorum. half must be accounted for and every Reed Medical Center, and her reviews The PRESIDING OFFICER. The program rigorously audited to prevent were critical in understanding where clerk will call the roll. waste and fraud. That job belongs to changes needed to be made. The assistant legislative clerk pro- the tireless and persistent employees of Since we passed the Recovery Act ceeded to call the roll. the Government Accountability Office. last year, the GAO has been preparing Mr. ENZI. Madam President, I ask Since its founding in 1921, the GAO reports every 60 days on how funds are unanimous consent that the order for has been called ‘‘the taxpayers’ best being used. Cynthia has been working the quorum call be rescinded. friend.’’ It is the people’s watchdog, the recently as the GAO’s State lead for Il- The PRESIDING OFFICER. Without home of over 3,000 Federal employees linois, carefully reviewing every dollar objection, it is so ordered.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.024 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3701 AMENDMENT NO. 3776 Specter amendment, here is another mean he knows it was improper. Most Mr. ENZI. Madam President, I rise to example: You notice this person run- of the accounting audits are not of speak about Specter amendment No. ning through the park. Having seen the every single transaction. For a big cor- 3776, which has already been debated by person, you now have knowledge that poration, an audit of every single the Senator from Pennsylvania, but I person was running. As a passerby, you transaction might take 3 or 4 years to wish to bring up the other side because got out of the way so they could con- cover 1 year’s worth of transactions. It it is a very technical, legal issue which tinue on their run. If we were to apply can’t be done. But under that cir- crosses professional fields of account- the Specter standard, even if you never cumstance, the accountant might have ing, tax preparation, and legal counsel. met this person, you would have knowledge, and because he signs off on However, to understand where Senator knowledge of that person’s action—you the papers, he might be aiding them SPECTER would take this amendment, I knew he was running—and you got out under this definition. wish to explain where we have been. of the way so he could use the side- Their options under this standard In 1995, Congress rightly decided that walk. That is aiding. If this person just would be pleading out for millions of the Securities and Exchange Commis- robbed a bank, under this standard you dollars, even if innocent, or losing even sion—the SEC—should have sole au- could now arguably be considered a more in the long process of discovery thority and ability to prosecute crimi- secondary accomplice. and trial in order to defend themselves nals violating securities laws. The de- In another hypothetical example, if a and their work. All this for someone cision was made because we knew pri- lawyer reviews a client’s statement to who may not even know the criminal vate securities lawsuits would be driv- their investors, approves what has been or have known that the person’s ac- en by the wrong factors. At that time, written, and the client falsified those tions were criminal. Is this how our we saw how just a handful of law firms statements, the lawyer is completely country’s legal system is supposed to were using class action lawsuits to clog liable, despite not knowing that the work? Are we going to incentivize friv- up the courts and to tie up companies client’s disclosures were false. olous lawsuits? The Specter amend- in litigation for years for mere fluctua- Although changes from the first draft ment standard may even go so far as to tions in company stock prices. Private of this amendment to what is before us hold these professionals liable for not lawsuits would have negative impacts now are somewhat better, this amend- finding fraud. on the economy, and private securities ment is still unacceptable. This amend- I also wish to note that this proposed lawsuits would potentially open small ment does not require that the person amendment also goes beyond just the businesses to unwarranted liabilities in question has knowledge the primary actions of some accountants and law- just as these small businesses are violator has broken the law. It is a yers involved in the securities indus- struggling to make a comeback and very important part of this. You may try. Senator CHUCK SCHUMER and hope to hire more workers to stimulate have seen him, you may have moved Mayor Michael Bloomberg from New our economy. aside for him, but you didn’t know he York City commissioned a report Fifteen years later, in 2010, Senator was breaking the law. That is a very which found that meritless securities SPECTER has introduced an amendment important requirement. lawsuits are driving up the cost of which would run contrary to Congress’s The Specter amendment just requires doing business in securities and driving the person is aware of the conduct decision. Senator SPECTER’s amend- away foreign investors, making the itself, not whether it is illegal. In other ment would create what is called a United States less competitive world- words, one doesn’t have to know they ‘‘private right to action,’’ meaning wide. Having a standard like the Spec- are helping someone violate the law, trial lawyers are going to have a field ter amendment proposal means foreign which is what aiding and abetting is. day with this. What is worse, though, is trading partners may be reluctant to One just has to know that the conduct this legal standard included in this bring business here right when our happened. country needs the investment the amendment doesn’t hold water. The I will say that again. This standard standard for ‘‘aiding and abetting’’ in most. only requires that one knows of the Foreign investors will not want to this amendment has been adjusted ‘‘improper conduct,’’ not that he bring business here if doing so exposes three times in 2 weeks, and it still isn’t ‘‘knows that the conduct is improper.’’ them to the private liability standard right. The standard in this amendment This is a critical and unacceptable dif- that Specter’s amendment would cre- requires ‘‘actual knowledge of the im- ference. To be clear, the standard does ate. proper conduct underlying the viola- not even meet what is used by the SEC As an accountant and former small tion’’ and of ‘‘the role of the person as- to prosecute criminal aiding and abet- business owner, and for each of the rea- sisting in such conduct.’’ Now, this ting charges. The SEC standard is sig- sons I have outlined, I urge my col- standard is only slightly better than nificantly higher. Because the standard leagues to oppose this ill-conceived the first two proposals discussed ear- in this amendment is so flawed, we amendment. lier in the debate. would be opening thousands of inno- I would be happy to answer questions At first glance, this standard may cent small businesses to secondary of any of my colleagues if they have seem as though it is all that is needed charges of fraud. any. Again, I ask them to just ask to show that someone has aided an- Again, we are not talking about their accountant what they think other in the act of committing a crime. criminal charges. These charges would about this particular standard which It would seem that if a person has be strictly considered in a civil court. could lead to lawsuits, discovery, a lot knowledge of improper conduct and Keeping this standard would give prof- of costs—and needlessly. We are trying knows they are helping that person, it it-motivated trial lawyers a vague to pass a law that would take care of 1 would be a simple legal matter. How- statutory standard to work from—not percent of the problem and penalize the ever, that is absolutely not the case, a good combination. They would be other 99 percent. So I hope we will re- and I will explain why in just a minute. able to cast a wide net for defendants, ject the Specter amendment. I yield I am not a legal mind debating legal and this opens professionals in their the floor. standards or case law. However, I am a company to the costs of discovery and Madam President, I suggest the ab- businessman and an accountant by trial, in addition to potential liability sence of a quorum. trade, and I can see what this poor for damages awarded in the rest of the The PRESIDING OFFICER. The legal definition will do not only to the criminal case. clerk will call the roll. business of accounting but to our do- Let’s not forget we are talking about The assistant bill clerk proceeded to mestic securities industry as well. Tin- accountants, tax preparers, and attor- call the roll. kering with the language of this neys who aid everyday companies. This Mrs. FEINSTEIN. Madam President, amendment doesn’t conceal the fact means these professionals would be I ask unanimous consent that the order that the real-world impact of this pro- faced with a standard of evidence they for the quorum call be rescinded. vision has not changed. cannot refute or argue, and they could The PRESIDING OFFICER. Without I need to point out the legal standard likely be facing unfounded charges. objection, it is so ordered. this amendment would set has holes. An accountant looks at the books, Mrs. FEINSTEIN. Madam President, Using the language laid out in the has knowledge of it, but that doesn’t I rise to speak on an amendment that

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.065 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3702 CONGRESSIONAL RECORD — SENATE May 13, 2010 I have offered, amendment No. 3939. I California consumers for $40 billion bring greater oversight to American ask unanimous consent to add Senator over 2 years of increased energy prices. commodities contracts traded in Lon- SNOWE as a cosponsor. Shockingly, much of what Enron had don. The agreement called for specula- The PRESIDING OFFICER. Without set up was legal because Congress had tion limits for the electronic trading of objection, it is so ordered. stripped the Commodity Futures Trad- U.S. energy commodities, such as crude Mrs. FEINSTEIN. Madam President, ing Commission of its enforcement oil on foreign exchanges, and required this amendment is cosponsored also by power. Terrible. recordkeeping and an audit trail so you Senators LEVIN and CANTWELL. The From 2002 on, I worked with Senators can look at them for fraud or manipu- Dodd-Lincoln bill, as currently drafted, SNOWE, CANTWELL, LEVIN, and many lation. Without an audit trail, it is all takes major steps to reform the $600 others to restore regulatory oversight in the dark. But CFTC—and here is the trillion derivatives market. I don’t to energy derivatives. We tried in 2002 cruncher—has limited legal authority think people understand how big this on this floor, and in 2003 and 2004 to to enforce this agreement. market is. It would require every trade regulate energy derivatives, but we Bottom line: We need to make sure to be reported in real time to the Com- were stopped and stymied. Opponents, the CFTC can oversee trading of Amer- modity Futures Trading Commission. such as Alan Greenspan, have since ican commodities, whether it happens It would require that all cleared con- said their opposition was mistaken. through a computer server located on tracts be traded on an exchange or on Finally, in 2008—6 years after we Wall Street or in Singapore. a swap execution facility, therefore, started—we were able to close this no- The Dodd-Lincoln bill currently be- guaranteeing transparency. It would torious Enron loophole in an amend- fore us includes some important provi- require that speculative position limits ment to the farm bill, of all things. The sions to help close the London loop- be set in aggregate for each commodity amendment imposed meaningful regu- hole. As drafted, the bill will require instead of contract by contract—to as- lation, including speculative position foreign boards of trade that provide ac- sure effectiveness. It would require for- limits and market oversight. So the cess to American traders to comply eign boards of trade to adhere to min- CFTC began monitoring these markets with comparable rules enforced by a imum standards comparable to those in for fraud and manipulation for the first foreign regulator, to publish trading the United States, including reporting time in 10 years. information daily, to supply data to requirements. The provision is de- But as Congress took steps to estab- the CFTC, and to enforce position lim- signed to address the underlying prob- lish regulatory oversight of domestic its. However, the CFTC is unable to lem of the so-called London loophole. energy derivatives markets, Wall force a foreign board of trade to com- I very much support these positions. Street traders moved to avoid U.S. reg- ply with those requirements. And that However, I am very concerned that the ulation. They began to turn to offshore is just fact. This is because the CFTC’s bill doesn’t go far enough to address markets. current method of overseeing foreign the London loophole. This loophole has The successor to EnronOnline, the exchanges has tenuous legal allowed for the trading of United Intercontinental Exchange in Atlanta, underpinnings due to a Commodity Ex- States energy commodities, such as bought a London exchange, converted change Act provision forbidding the crude oil, on foreign exchanges, with- it into an electronic exchange, and CFTC from regulating foreign boards of out oversight from the United States began listing American oil futures trade. In many instances, our regu- regulators. This means there is no cop abroad. That is a way speculators could latory body, the CFTC, can take action on the beat to shield U.S. oil prices go right around American regulation against a U.S. trader trading a U.S. from manipulation or excessive specu- and avoid it. commodity on a foreign exchange to West Texas Intermediate crude has lation when they are traded in foreign prevent manipulation or excessive been one of the highest volume con- markets, such as commodities ex- speculation only with the cooperation tracts on this London exchange since changes in London, Dubai, or Shang- and consent of the foreign regulator. hai. 2006. This contract has what is called a The other more controversial option The amendment I am proposing along price discovery impact because it is is for the CFTC to completely ban the with my colleagues would allow the commonly referenced as the standard foreign exchange from all U.S. oper- CFTC to require foreign boards of trade market price of oil. This new regu- ations. Not surprisingly, they shy away to register with the CFTC, which would latory loophole has thus become known from enforcement in the face of these give the Commodity Futures Trading as the London loophole. But firms also regulatory obstacles. Commission the enforcement authority listed American energy commodity de- it needs. It is supported by the chair- rivatives in Dubai and Singapore and We have a bill that still does not pro- man of the CFTC, Gary Gensler. This opened their electronic platforms to vide strong regulation. It still allows provision was in President Obama’s American traders. American derivatives traders to avoid original proposed financial reform bill, This new electronically traded mar- American regulations by trading on a and I think it is critical to pass in this ketplace allows American traders, sim- foreign electronic platform in Dubai, bill. ply put, to evade American market London, and other places as well. That Let me explain what has become oversight and speculation limits. The is why we—Senator SNOWE, Senator known as the London loophole. In the practical implication of this is that LEVIN, Senator CANTWELL, and I—are wake of the California energy crisis, we U.S. traders can use offshore electronic offering a proposal to allow the CFTC learned that most energy trading had exchanges to artificially drive up to require foreign boards of trade to been exempted from regulation by the prices of U.S. commodities without any register with the CFTC, which would Commodity Futures Modernization Act consequences from our Nation’s mar- give it the enforcement authority it of 2000, at the urging of a company by ket regulators. This is a big problem. needs. the name of Enron. Using the Enron In 2008, a CFTC report found that Quickly, here are the benefits of the loophole, this notorious firm pioneered traders using this London exchange to amendment. over-the-counter energy derivatives trade U.S. crude oil futures held posi- First, the registration process itself trading. It set up EnronOnline, an elec- tions far larger than would be allowed would give CFTC the authority to im- tronic market for trading physical and by American regulators. In fact, from pose regulatory requirements as a con- derivatives energy contracts. It was a 2006 to 2008, at least one trader position dition of registration. marketplace with no transparency, no exceeded United States speculation Second, a formal registration process paper trail that could be audited, no limits every single week on the London would assure that foreign boards of speculative position limits, and abso- exchange, and British regulators have trade all follow the same set of rules. lutely no government oversight to pre- done nothing about it. The good news And third, the registration process vent fraud, manipulation, or protect is that some steps have been taken ad- would provide a much clearer basis for the public interest. Enron was a partic- ministratively to address this loophole. CFTC decisions to refuse or withdraw ipant in every trade, and only Enron In 2008, the Commodity Futures permission to foreign boards of trade knew the prices. It used EnronOnline Trading Commission negotiated an wishing to allow American traders on and other trading forums to fleece agreement with British regulators to their exchange.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.069 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3703 Finally, and most important, all of nipulation and excessive speculation, Can you do a quorum for a second? CFTC’s existing enforcement authori- no matter where U.S. energy commod- Mr. DODD. Mr. President, I couldn’t ties apply to registered entities under ities are traded. hear. What is the situation we are in? the Commodity Exchange Act. This I expect the big boys to speak out Mr. GREGG. I am reserving the right amendment would allow the Com- against it. But I will tell you some- to object and asking the Senator if he modity Futures Trading Commission thing: Everybody in the West who can put us in a quorum for a minute or to enforce its own statute with regard knows how they were fleeced back in two so we can clear this issue on our to foreign exchanges operating in the 1999 and 2000 by Enron clearly will un- side. United States. This is a moderate, derstand the value of being able to en- Mr. DODD. Mr. President, I suggest practical amendment to assure that we force the law of this country. We the absence of a quorum. give our regulator the authority to en- should ask for no less. The PRESIDING OFFICER. The force the statutory provisions already I know I cannot call up the amend- clerk will call the roll. in the legislation. ment at the present time, but I hope I The assistant editor of the Daily Di- There are powerful interests out will have that opportunity to do so gest proceeded to call the roll. there that are opposed to this. They later. Mr. DODD. Mr. President, I ask unan- want to be able to avoid our law. They I yield the floor. I suggest the ab- imous consent that the order for the want to be able to trade over the Lon- sence of a quorum. quorum call be rescinded. don exchange. We negotiated with The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without them to close the Enron loophole. We BURRIS). The clerk will call the roll. objection, it is so ordered. had ICE in our office. They agreed to The bill clerk proceeded to call the Mr. DODD. Mr. President, I renew my it. It took 6 months of negotiation. Do roll. unanimous consent request. Mr. DODD. Mr. President, I ask unan- you know what they did? They then The PRESIDING OFFICER. Is there imous consent that the order for the went offshore, bought the London ex- objection? quorum call be rescinded. change, changed it to an electronic Without objection, it is so ordered. The PRESIDING OFFICER. Without The amendment (No. 3989), as modi- trading platform to avoid the very objection, it is so ordered. agreement they agreed with, that we fied, is as follows: AMENDMENT NO. 4019, WITHDRAWN legislated and enacted. That is fact. At the end of subtitle G of title X, add the Mr. DODD. Mr. President, what is the Guess what. It burns me up. And I do following: pending question? SEC. 1077. REASONABLE FEES AND RULES FOR not intend to quit because I do not like The PRESIDING OFFICER. The to be duped that way, whether it is PAYMENT CARD TRANSACTIONS. DeMint amendment is pending for the The Electronic Fund Transfer Act (15 Goldman Sachs and ICE or anybody Dodd-Wyden first-degree amendment. U.S.C. 1693 et seq.) is amended— else. If you give your word, you make Mr. DODD. Mr. President, I now (1) by redesignating sections 920 and 921 as an agreement. You do not go offshore withdraw the Wyden amendment. sections 921 and 922, respectively; and to avoid that agreement. The PRESIDING OFFICER. The Sen- (2) by inserting after section 919 the fol- Now that I have cooled down, this is ator has that right. lowing: a moderate, practical amendment to The amendment is withdrawn. ‘‘SEC. 920. REASONABLE FEES AND RULES FOR PAYMENT CARD TRANSACTIONS. assure that we give the Commodity Fu- AMENDMENTS NOS. 3989, AS MODIFIED, AND 3987 ‘‘(a) REASONABLE INTERCHANGE TRANS- tures Trading Commission the author- Mr. DODD. Mr. President, I ask unan- ity to enforce the statutory provisions ACTION FEES FOR ELECTRONIC DEBIT TRANS- imous consent that the Senate now re- ACTIONS.— already in the proposed legislation. sume consideration of the Durbin ‘‘(1) REGULATORY AUTHORITY.—The Board Why would we want legislation which amendment No. 3989 and the Thune shall have authority to establish rules, pur- cannot be enforced? Why would we amendment No. 3987; that the Durbin suant to section 553 of title 5, United States want legislation that ties their hands? amendment be modified with the Code, regarding any interchange transaction Why would we want legislation that al- changes at the desk; that the amend- fee that an issuer or payment card network lows somebody simply to avoid this law ments be debated concurrently for a may charge with respect to an electronic debit transaction. by trading what amounts to $600 tril- total of 10 minutes, with the time lion of derivatives in Dubai or in Lon- ‘‘(2) REASONABLE FEES.—The amount of any equally divided and controlled in the interchange transaction fee that an issuer or don or in Shanghai or anywhere else? usual form; that no amendment be in payment card network may charge with re- Guess what. These electronic ex- order to any of the amendments in this spect to an electronic debit transaction shall changes will be set up everywhere to agreement prior to a vote; that upon be reasonable and proportional to the actual avoid this bill. That is why we have to the use or yielding back of time, the cost incurred by the issuer or payment card give the Commodity Futures Trading Senate proceed to vote in relation to network with respect to the transaction. Commission the authority to see that the following amendments; that the ‘‘(3) RULEMAKING REQUIRED.—The Board shall issue final rules, not later than 9 these foreign exchanges register with Durbin amendment be subject to an af- them and agree to abide by the laws of months after the date of enactment of the firmative 60-vote threshold; that if the Consumer Financial Protection Act of 2010, the United States of America. amendment achieves the threshold, I think it is important that we do to establish standards for assessing whether then it be agreed to and the motion to the amount of any interchange transaction this, and I do not intend to quit one reconsider be laid upon the table; that fee described in paragraph (2) is reasonable way or another, if it takes me 6 years if the amendment does not achieve the and proportional to the actual cost incurred to get it done, as it did the last one. I threshold, it be withdrawn: Durbin by the issuer or payment card network with have no respect for traders who look to amendment No. 3989, as modified; respect to the transaction. ‘‘(4) CONSIDERATIONS.—In issuing rules re- go around U.S. law. Thune amendment No. 3987; that after As we crack down on traders in our quired by this section, the Board shall— the first vote, the succeeding vote be markets, we must be ever vigilant to ‘‘(A) consider the functional similarity be- limited to 10 minutes, with 2 minutes assure that traders sitting on Wall tween— of debate prior to each vote, equally di- ‘‘(i) electronic debit transactions; and Street do not avoid our regulations by vided and controlled. ‘‘(ii) checking transactions that are re- trading on electronic exchanges with The PRESIDING OFFICER. Is there quired within the Federal Reserve bank sys- computer servers in London or Dubai objection? tem to clear at par; or Singapore. Mr. GREGG. Reserving the right to ‘‘(B) distinguish between— This amendment is an improvement object. ‘‘(i) the actual incremental cost incurred of the London loophole provisions in The PRESIDING OFFICER. The Sen- by an issuer or payment card network for the the Dodd-Lincoln bill by making these role of the issuer or the payment card net- ator from New Hampshire. work in the authorization, clearance, or set- provisions easily enforceable. It is the Mr. GREGG. I make a point of order final piece to go in, to close the London tlement of a particular electronic debit that a quorum is not present. transaction, which cost shall be considered loophole, which should never have been The PRESIDING OFFICER. The Sen- under paragraph (2); and opened in the first place, and to ensure ator does not have the floor. ‘‘(ii) other costs incurred by an issuer or that our government has what it needs Mr. GREGG. Do I have the right to payment card network which are not specific to protect American markets from ma- object? to a particular electronic debit transaction,

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.070 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3704 CONGRESSIONAL RECORD — SENATE May 13, 2010 which costs shall not be considered under ‘‘(5) INTERCHANGE TRANSACTION FEE.—The eral Reserve to review. We do not allow paragraph (2); and term ‘interchange transaction fee’ means discrimination against small banks or ‘‘(C) consult, as appropriate, with the any fee established by a payment card net- credit unions. The modification specifi- Comptroller of the Currency, the Board of work that has been established for the pur- cally prohibits any discrimination Directors of the Federal Deposit Insurance pose of compensating an issuer or payment Corporation, the Director of the Office of card network for its involvement in an elec- against the issuer of a credit card. A Thrift Supervision, the National Credit tronic debit transaction. merchant may decide to favor one net- Union Administration Board, the Adminis- ‘‘(6) ISSUER.—The term ‘issuer’ means any work over another but cannot favor trator of the Small Business Administration, person who issues a debit card or credit card, one bank over another that issues a and the Director of the Bureau of Consumer or the agent of such person with respect to card. So there can be no discrimination Financial Protection. such card. against a credit union, community ‘‘(5) EXEMPTION FOR SMALL ISSUERS.—This ‘‘(7) PAYMENT CARD NETWORK.—The term bank, or a large bank, for that matter. subsection shall not apply to issuers that, ‘payment card network’ means an entity It doesn’t set interchange prices. together with affiliates, have assets of less that directly, or through licensed members, By putting a $10 billion threshold in than $10,000,000,000, and the Board shall ex- processors, or agents, provides the propri- terms of the banks issuing the cards, empt such issuers from rules issued under etary services, infrastructure, and software paragraph (3). that route information and data to conduct we literally exempt 99 percent of all ‘‘(6) EFFECTIVE DATE.—Paragraph (2) shall transaction authorization, clearance, and banks and credit unions from the appli- become effective 12 months after the date of settlement, and that a person uses in order cation of this law. Still, just going for enactment of the Consumer Financial Pro- to accept as a form of payment a brand of the largest banks in America—86 banks tection Act of 2010. debit card, credit card or other device that in America—we will cover 65 percent of ‘‘(b) LIMITATION ON ANTI-COMPETITIVE PAY- may be used to carry out debit or credit all the credit and debit transactions in MENT CARD NETWORK RESTRICTIONS.— transactions.’’. this country. So it is a significant ‘‘(1) NO RESTRICTIONS ON OFFERING DIS- Mr. DODD. Mr. President, I ask unan- amendment, and it protects the com- COUNTS FOR USE OF A COMPETING PAYMENT imous consent that upon disposition of munity banks and the credit unions. CARD NETWORK.—A payment card network the above-mentioned amendments, the I will tell you that I am very con- shall not, directly or through any agent, cerned and disappointed by the so- processor, or licensed member of the net- Senate resume consideration of the work, by contract, requirement, condition, Collins amendment No. 3879 and that called Independent Community Banks penalty, or otherwise, inhibit the ability of the amendment be considered and Association, which continues to oppose any person to provide a discount or in-kind agreed to and the motion to reconsider this amendment despite my best efforts incentive for payment through the use of a be considered made and laid upon the to exempt virtually all of their mem- card or device of another payment card net- table. bers from being covered. I understand work, provided that the discount or in-kind The PRESIDING OFFICER. Without they have a conflict of interest because incentive only differentiates between pay- objection, it is so ordered. they are in the top 25 issuers of credit ment card networks and not between other Mr. DODD. Mr. President, I ask unan- and debit cards in the United States. issuers. They make a lot of money under the ‘‘(2) NO RESTRICTIONS ON OFFERING DIS- imous consent that the following be COUNTS FOR USE OF A FORM OF PAYMENT.—A the next first-degree amendments in current situation. They may not want payment card network shall not, directly or order: Rockefeller-Hutchison, the FTC to change it, but it is not fair to small through any agent, processor, or licensed amendment; Senator CRAPO, the GSE banks in Illinois and across the Nation member of the network, by contract, re- on budget amendment; Senator MARK for them to speak to this issue when quirement, condition, penalty, or otherwise, UDALL of Colorado, No. 4016 regarding they have this conflict of interest. inhibit the ability of any person to provide a credit scores; Senator SHELBY’s amend- The second thing I want to say to the discount or in-kind incentive for payment by credit unions is that there are 8,200 the use of cash, check, debit card, or credit ment No. 4010 re: the consumer bureau; Senator WHITEHOUSE’s State usury credit unions in America, and all but 3 card. are exempt from this law—99.999 per- ‘‘(3) NO RESTRICTIONS ON SETTING TRANS- laws; Senator VITTER, No. 4003, the cent of credit unions are exempt from ACTION MINIMUMS OR MAXIMUMS.—A payment manufacturing amendment; Senator card network shall not, directly or through CANTWELL and Senator MCCAIN’s Glass- this law. For them to be opposing it be- any agent, processor, or licensed member of Steagall amendment; and Senator cause of three of the biggest credit the network, by contract, requirement, con- CORNYN, No. 3986 regarding the IMF. unions in America is unfair to the rest dition, penalty, or otherwise, inhibit the The PRESIDING OFFICER. Without of their members and certainly unfair ability of any person to set a minimum or objection, it is so ordered. to the merchants who do business with maximum dollar value for the acceptance by them every day. that person of credit cards, provided that Under the previous order, there will be 10 minutes of debate equally di- This is the single most important such minimum or maximum dollar value amendment for small business and re- does not differentiate between issuers or be- vided. tail business in America that we will tween payment card networks. The Senator from Illinois. consider on this bill. In a time of reces- ‘‘(c) DEFINITIONS.—For purposes of this sec- Mr. DURBIN. Mr. President, I ask the tion, the following definitions shall apply: Chair to inform me when I have 1 sion, when we need small businesses to ‘‘(1) DEBIT CARD.—The term ‘debit card’— minute of my 5 minutes remaining. step up and create jobs, this is a way to ‘‘(A) means any card, or other payment I think this is an amendment that is move forward. Members have heard from all across code or device, issued or approved for use well known to my colleagues. I have through a payment card network to debit an the country, from small businesses and spoken on the floor several times. It is asset account for the purpose of transferring retail merchants who are asking for about the interchange fees charged to money between accounts or obtaining goods some fairness, some justice when it small businesses across America for or services, whether authorization is based comes to these major credits cards that on signature, PIN, or other means; the use of credit cards. literally dictate the terms of their ‘‘(B) includes general use prepaid cards, as This amendment does the following agreements with these small busi- that term is defined in section 915(a)(2)(A) (15 things: It directs the Federal Reserve nesses. I urge my colleagues to support U.S.C. 1693l–1(a)(2)(A)); and to ensure that debit fees on debit cards the Durbin amendment. ‘‘(C) does not include paper checks. are reasonable and proportional to ‘‘(2) CREDIT CARD.—The term ‘credit card’ Mr. President, I am going to reserve has the same meaning as in section 103 of the processing costs; it stops Visa and the remainder of my time. Truth in Lending Act (15 U.S.C. 1602). MasterCard from imposing any com- The PRESIDING OFFICER. Who ‘‘(3) DISCOUNT.—The term ‘discount’— petitive restrictions; it ends prohibi- yields time? ‘‘(A) means a reduction made from the tions on discounts for use of different If no time is yielded, the time will be price that customers are informed is the reg- network cards; it ends prohibitions on charged to both sides equally. ular price; and discounts for cash, debit, or credit; and Mr. DURBIN. Mr. President, how ‘‘(B) does not include any means of increas- it ends prohibitions on minimum pur- much time do I have remaining? ing the price that customers are informed is chase levels for paying with a credit the regular price. The PRESIDING OFFICER. One ‘‘(4) ELECTRONIC DEBIT TRANSACTION.—The card. minute, 15 seconds. term ‘electronic debit transaction’ means a It does not affect credit card inter- Mr. DURBIN. I yield to the Repub- transaction in which a person uses a debit change rates. We do not establish a lican side, if there is opposition to the card to debit an asset account. rate. That is left entirely to the Fed- amendment.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.025 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3705 Mr. KYL. Mr. President, as far as I Sessions Tester Voinovich Boxer Harkin Pryor know, there is no one else on our side Shelby Thune Warner Brown (OH) Inouye Reed Burris Johnson Reid wishing to speak; therefore, we can NOT VOTING—3 Cantwell Kaufman Rockefeller yield back time of the minority. Byrd Hutchison Nelson (FL) Cardin Kerry Sanders Mr. DURBIN. I say to my colleagues, Carper Klobuchar Schumer The amendment (No. 3989), as modi- Casey Kohl I know this is a complex and in some Shaheen fied, was agreed to. Collins Landrieu Specter ways a controversial amendment. But I Conrad Leahy The PRESIDING OFFICER. Under Tester Dodd Levin can’t think of a better way for us to es- Udall (CO) the previous order, the motion to re- Dorgan Lieberman Udall (NM) tablish a reasonable standard that consider is considered made and laid Durbin McCaskill Warner debit cards, which are now becoming upon the table. Feingold Menendez more common and are equivalent to a Feinstein Merkley Webb The majority leader is recognized. Whitehouse check, are going to be charged against Franken Mikulski Mr. REID. Mr. President, if I can Gillibrand Murray Wyden the merchant that honors the card have everyone’s attention, I will be as Hagan Nelson (NE) only in a reasonable and proportional quick as possible. Mr. President, we NOT VOTING—5 way by the same agency we used under have dealt with 31 amendments on this the consumer credit card reform bill of Byrd Lautenberg Stabenow piece of legislation. Until today, this Hutchison Nelson (FL) just last year. last amendment, they have all been 50- The amendment (No. 3987) was re- I urge my colleagues, if they are lis- vote margins. There has been no ta- tening to small businesses across jected. bling of motions. AMENDMENT NO. 3879 America, struggling to survive, trying We now have six amendments pend- to add new employees, give them a The PRESIDING OFFICER. Under ing. We have unanimous consent that the previous order, the question is on helping hand by voting for the Durbin eight more can be offered. There is talk amendment so they can have reason- amendment No. 3879, offered by the between the two managers of the bill. Senator from Maine. able charges for the use of credit cards There are Democratic amendments we and debit cards at their establishment. The amendment is agreed to, and the think the Republicans will agree to; motion to reconsider is considered I urge the passage of this amendment there are Republican amendments that and I yield the remainder of my time. made and laid upon the table. we will agree to. The amendment (No. 3879) was agreed I ask for the yeas and nays. We are moving toward wrapping up The PRESIDING OFFICER. Is there a to. this bill. There will be a number of Mr. DODD. I suggest the absence of a sufficient second? There appears to be votes on Monday night starting at 5:30. a sufficient second. quorum. Everyone should be aware of that. To- The PRESIDING OFFICER. The If all time is yielded back, the ques- night the managers are here. They are clerk will call the roll. tion is on agreeing to the Durbin going to try to work through a couple The legislative clerk proceeded to amendment, No. 3989, as modified. of amendments. We have one more call the roll. The yeas and nays have been ordered. vote. After that, there will not be any Mr. WYDEN. Mr. President, I ask The clerk will call the roll. more votes until Monday night. unanimous consent that the order for The bill clerk called the roll. VOTE ON AMENDMENT NO. 3987 the quorum call be rescinded. Mr. DURBIN. I announce that the The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without Senator from West Virginia (Mr. BYRD) the previous order, the question is on objection, it is so ordered. and the Senator from Florida (Mr. NEL- agreeing to Amendment No. 3987 of- Mr. WYDEN. Mr. President, I ask SON) are necessarily absent. fered by the Senator from South Da- unanimous consent to speak as in Mr. KYL. The following Senator is morning business. necessarily absent: the Senator from kota. The yeas and nays have previously The PRESIDING OFFICER. Without Texas (Mrs. HUTCHISON). objection, it is so ordered. The PRESIDING OFFICER. Are there been ordered. SECRET HOLDS any other Senators in the Chamber de- The clerk will call the roll. Mr. WYDEN. Mr. President and col- siring to vote Mr. DURBIN. I announce that the leagues, the American people are furi- The result was announced—yeas 64, Senator from West Virginia (Mr. ous at the way business is done in nays 33, as follows: BYRD), the Senator from New Jersey (Mr. LAUTENBERG), the Senator from Washington, DC. Today, on the floor of [Rollcall Vote No. 149 Leg.] Michigan (Ms. STABENOW), and the Sen- the Senate, we saw a pretty good rea- YEAS—64 ator from Florida (Mr. NELSON) are son why. Barrasso Feinstein Murray necessarily absent. For many months, a large group of Begich Franken Nelson (NE) Senators on both sides of the aisle— Bennet Gillibrand Pryor Mr. KYL. The following Senator is Senator GRASSLEY, Senator INHOFE, Bingaman Graham Reed necessarily absent: the Senator from Boxer Grassley Reid Texas (Mrs. HUTCHISON). Senator COLLINS, and Senator BEN- Brown (MA) Hagan Risch The PRESIDING OFFICER. Are there NETT, among the Republicans; a host of Brown (OH) Harkin Rockefeller any other Senators in the Chamber de- my colleagues on our side of the aisle, Burr Inouye Sanders Burris Isakson led by Senator MCCASKILL—have been Schumer siring to vote? Cantwell Kerry Shaheen The result was announced—yeas 40, working to try to eliminate the secret Cardin Klobuchar Snowe hold in the Senate, which is, in my Casey Kohl nays 55, as follows: Chambliss Landrieu Specter [Rollcall Vote No. 150 Leg.] view, one of the most pernicious, most Collins Lautenberg Stabenow antidemocratic practices in govern- YEAS—40 Conrad Leahy Udall (CO) ment. Udall (NM) Crapo LeMieux Alexander DeMint McCain What the secret hold allows is for Dodd Levin Vitter Barrasso Ensign McConnell Dorgan Lincoln Webb Bennett Enzi Murkowski just one Senator—just one—to anony- Durbin Lugar Whitehouse Bond Graham Risch mously keep the American people from Ensign Menendez Wicker Brown (MA) Grassley Roberts getting any sense of a particular piece Enzi Merkley Wyden Brownback Gregg Sessions Feingold Mikulski Bunning Hatch of legislation, someone who has been Shelby nominated for an appointment—any Burr Inhofe Snowe NAYS—33 Chambliss Isakson Thune sense of some of the most important Coburn Johanns Akaka Coburn Johnson Vitter business that is before the Senate. Cochran Kyl Alexander Cochran Kaufman Voinovich Baucus Corker Kyl Corker LeMieux The Senator from Missouri, who is in Wicker Bayh Cornyn Lieberman Cornyn Lincoln the Chamber, has noted that at times Bennett DeMint McCain Crapo Lugar there are scores and scores of these se- Bond Gregg McCaskill cret holds. I have pointed out this has Brownback Hatch McConnell NAYS—55 Bunning Inhofe Murkowski Akaka Bayh Bennet happened for years on both sides of the Carper Johanns Roberts Baucus Begich Bingaman aisle.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.067 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3706 CONGRESSIONAL RECORD — SENATE May 13, 2010 So this has been an opportunity, sought to do was to say: If we are going Mrs. MCCASKILL. Mr. President, I when the country is crying out for bi- to open our system of financial trans- ask unanimous consent to speak as in partisanship, for Democrats and Re- actions so there would be more trans- morning business. publicans to together—as our large parency and more accountability, let’s The PRESIDING OFFICER. Without group has done—fix this, to open our also open the way we do business in the objection, it is so ordered. government, to ensure that democracy Senate so the American people are not Mrs. MCCASKILL. Mr. President, I is accountable, and that public busi- kept in the dark any longer about know someone is going to be able to ness is actually done in public. major judgments with respect to legis- use the figleaf and stand behind the ar- Until about an hour or so ago, I lation or nominations. One Senator— gument that the amendment that was thought we would win a dramatic vic- just one—without notice, kept us from offered at the very last moment this tory for the cause of open government. bringing that new accountability and afternoon was about something they We had a good debate this morning on openness to the Senate. cared about and something we need to the measure. Colleagues on both sides I know colleagues want to bring up vote on. It is a subject matter we care of the aisle talked about it. other matters. I simply wish to say—I about that we need to work on. But Not one Senator objected, not one think I have been in this body now for really? It is pretty transparent what is was willing to say in public they were a little over a decade—I cannot recall going on here: that at the very last mo- in favor of secret holds. Quite the oppo- another instance where the cause of ment, when all of a sudden we were site: We talked for some time, and no open government took a beating, took this close for everyone having to go on one objected at all. We were under the a blindsiding, like the cause of open record about secret holds, that some- impression that the matter would be government took this afternoon. one shot it out of the sky like a clay scheduled for a vote this afternoon. I wish to tell my colleagues, I intend pigeon. That is what this amendment Given that, I was flabbergasted that to come back to my post here again did. right before it was time to vote, one and again and again until we abolish So the argument is: Well, the Wyden- Senator—just one—without any notice the secret hold, until we ensure that Grassley amendment on secret holds is whatever—no notice to me, no notice the American people see that govern- not really about the financial reform to any of the other sponsors, sponsors ment is being brought out of the shad- bill. Why does it get a chance to be on the other side of the aisle—one Sen- ows and debates are out in the open, voted on? It is very simple. The reason ator sought to attach to our amend- where they ought to be. the Wyden-Grassley amendment should ment, which would have received a re- We did not win this afternoon be- be considered germane to every bill we sounding vote because Senators are not cause I think we got kneecapped. I do debate in this body is because it is going to vote in favor of secrecy when not know how to describe it any other about the way we do business. Every they are on the record—one Senator at- way. But I do not think, at this time in day that goes by that we do not try to tached a completely unrelated matter, American history, where the American reform this nasty habit of secret holds, a very controversial matter. people are this angry—this angry—at we diminish the shine and the glory I say to the Chair, I say to all my the way Washington, DC, does busi- that is our democracy. We diminish colleagues, I never, ever would have ness, that those who advocate secrecy what this body should stand for and done that to another colleague. I have are on the right side of history. I do what our priorities should be. Every felt for many years now that the great not think they are going to be able to day we allow the secret hold process to challenge in the Senate is to have col- defend in broad daylight opposing a bi- continue to take root and grow and leagues work together, to have col- partisan coalition. flourish, we are failing in our job as Senator GRASSLEY has worked with leagues come together on both sides, Senators who are here to do the me on this for a decade. He has, again because that is going to help us ad- public’s business. and again, championed the cause of vance the cause of open government, it We are not here to go in back rooms transparency and openness in govern- is going to help us get the best possible and get something for our secret hold. ment, not just on this question of abol- policy. We are not here to go in back rooms ishing secret holds but on inspectors So if I had been in our colleague’s and leverage our secret hold for some- general and a variety of other prac- shoes, and I was interested in advanc- thing else we want. We are not here to tices. ing this other issue, I would have come So these are colleagues—Democrats go in back rooms and have secret holds to that particular Senator and said: and Republicans—who want to show to keep this administration from suc- How can we work this out? That did the American people they are going to ceeding or filling the jobs that need to not happen. So all of us, at the last stand for open government, and they be filled. We are here to be account- minute, when we were looking forward are going to do it in a way where the able. to celebrating what, in my view, would American people will say: Those folks Of all the amendments out there that have been a historic vote for open gov- finally get it. Instead of spending their can be second degreed, this amendment ernment, after all these months of time in these petty food fights, they that would reform our process is se- Democrats and Republicans debating are a group of Democrats and Repub- lected to slow it down and obviously, secrecy in government, we now sit here licans who acted like adults and got to- hopefully, kill it. Well, I have bad news on Thursday evening, with secrecy hav- gether and solved a major problem—a for my friends across the aisle who ing won once more, doing government major problem—by eliminating secrecy want to kill the longstanding attempts in the shadows winning once more, de- and making government more open. of Senators WYDEN and GRASSLEY at nying the American people the ac- So it is my intent to come back, if reform, and my recent attempts, along countability this institution is all possible, day in and day out until this with Senator BENNET, Senator about winning once again. changes. I think this is unconscionable. WHITEHOUSE, Senator UDALL, Senator I think the American people deserve I can tell you, I have never seen any- WARNER, and others who have come to better. We spent a lot of time today thing like this in my time in the Sen- the floor and spoken on secret holds: bringing all sides together. The chair- ate: one Senator coming in, at the last We are not going anywhere. It is prob- man of the committee, Senator DODD, moment, with no notice, trying to de- ably a fault I have, but I am pretty is here with us. The whole essence of rail the cause of open government. darn stubborn. In fact, I am probably the Wall Street legislation has been to I am not going to stand for it. I do stubborn to a fault. I think this is ensure more openness and more ac- not think the American people are something we all ought to be stubborn countability in these essential finan- going to stand for it. We will be back about. cial transactions. Chairman DODD has here for as long as it takes to bring We have different kinds of Senators. done a superb job in advancing that some real sunshine to this cause of the We have some who are kind of feeling case. Senate doing its business in public as though they are being marched to What Senators on both sides of the rather than in the shadows. the gallows as they grudgingly support aisle sought to do, until there was an I yield the floor. cleaning up secret holds. We have oth- objection from one Senator at the last The PRESIDING OFFICER. The Sen- ers who want to pound their chests and minute—with no notice—what we ator from Missouri is recognized. shout from the rooftops about trying

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.072 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3707 to get rid of secret holds. And we have Thank you, Mr. President. bring it to a grinding halt, to create others who are hiding in the crevices, The PRESIDING OFFICER. The Sen- more division rather than less division the little, bitty, tiny dark places, who ator from Colorado. which, at least in my view, is what we are trying to keep secret holds without Mr. BENNET. Mr. President, I will need as a country. anybody knowing who they are. take a couple of minutes. I have been In my State, no matter where I am— I will say this. One can make the as- here a smaller amount of time than in blue parts of the State, in red parts sumption that whoever offered this anybody who is on this floor. The of the State—my sense is that people amendment to try to kill this amend- chairman has been here longer than I have a pretty common set of aspira- ment probably is a big fan of secret have been here; Senator WYDEN, Sen- tions for our State, for our country, for holds. Because it seems to me if they ator MCCASKILL, and others. I have their kids, for our grandkids. They ex- wanted this amendment to pass, they been here about 15 months. What I can pect us to act on those aspirations would have at least talked to the spon- tell my colleagues is that this place rather than on the divisions that are so sors before they offered the second-de- doesn’t operate like any other place in easy to create for just political gain. gree amendment. That is the common the universe. This secret hold business That is what has been happening when courtesy around here; they would have we are talking about right now, so peo- it comes to these secret holds. There at least given everyone some notice. ple understand, allows a Senator to be are other issues as well that relate to But they saw this amendment speeding able to hold up a nomination or a piece the rules of this place that need to be toward the finish line. They realized of legislation without having to tell changed, but this is one that is indefen- they were going to be called for the anybody who they are. I spent half my sible. yeas and nays on reforming the Senate, career in business. No business I have I came to the floor this morning and and they decided to take the path of would have ever tolerated a rule such I said it reminds me a little bit of a car least resistance and that is try to kill as that. I have worked in local govern- trip with my three little girls who are the bill another way. ment. No local government I have ever 10, 9, and 5. It happens every single But along with my colleague and been part of would have tolerated a time we are in the car: The first hour mentor on this subject, Senator rule such as that. There are city coun- goes great; everybody is fine. But then WYDEN, and Senator GRASSLEY, whom I cils and State governments, county they start to fret with each other, they have met with a number of times over governments all over this country get frustrated with each other. You can the last week, we are going to stay right now—by the way, they are prob- hear it. Any parent knows, the hair on with it. I know I speak for my col- ably still at work, unlike us, trying to the back of your neck starts to rise, leagues who have been here 4 years or figure out how to balance their budgets and you know something bad is about less, the freshmen and sophomores in in the most savage economy since the to happen, and it does. Usually some- this body. I know how strongly we feel Great Depression. They are not using body slugs somebody else, and then you look behind you and no one will admit about this. secret holds to stop their ability to re- I wish to remind my colleagues, if I spond to the American people, and we what they have done. No one will take am wrong about you, if you are against shouldn’t either. responsibility for their bad act. We secret holds, the letter is still open. We One of the things I want to say is don’t tolerate that in my household, by have 60 Members who have signed the that Senator WYDEN should be con- the way. We try hard to get to the bot- letter. Sixty Members of this body, all gratulated, because this is not a par- tom and the truth. We don’t always, of the Democrats but one, both of the tisan piece of legislation. The No. 1 but we usually do. This is the same thing. I am not say- Independents, and now two Repub- question I hear from people when I go ing people shouldn’t be able to hold licans have signed the letter saying we home is, Why can’t you guys work to- things up on the merits, but they ought will not exercise a secret hold and we gether? We lack confidence in what you to have to come to the floor and tell are doing. There are Democrats, Re- want to abolish secret holds. I look for- the American people who they are and publicans, unaffiliated voters who say, ward to seeing my colleagues on the why they are holding it up. They may Why can’t you work together? It looks other side of the aisle, more Repub- have good arguments to make. That is like a partisan food fight back here be- licans joining in the signing of this let- what this is about. It is about debate, cause it is, but it is a little more com- ter. It is available. I hope they will and that is what we need more of in plicated than that. In this case, we contact us. Senator WARNER, Senator this country because we are wasting have a bipartisan piece of legislation WHITEHOUSE, and I are the lead the American people’s time. We are that has broad support in this Cham- signators on this letter. But it is time wasting the American people’s money, for everyone—by the way, if we get to ber, as do the nominees who are being and we can’t even get a debate on a lot 67 signatures, guess what we can do. We held up whom we have brought for- of the issues this country faces. can amend the standing rules of this ward. We haven’t brought forward I am going to try hard to do every- place. We could say that an objection nominees who got just Democratic thing I can to contribute to a civil de- will not be in order if it is anonymous. votes; they are nominees who were bate rather than an uncivil debate, and We could do that with 67 votes. What a passed out of the relevant committee I think getting rid of these holds is great day that would be. Wouldn’t that of jurisdiction on a bipartisan basis, going to be one of the ways forward. It be a wake-up call to the American peo- and somebody has decided that they is not the only thing we need to do. ple that maybe we get it. Maybe we get want to hold these people up for rea- I wish to thank Senator WYDEN for why our approval ratings of Congress sons that have nothing to do with the all of his good work on this issue, and are near historic lows for all the non- quality of the nominees or because Senator WHITEHOUSE for his good work, sense, ridiculous games that get played they were passed out on a partisan and the chairman’s indulgence for let- around here. way, which they weren’t. They are bi- ting us have this conversation tonight. Let’s do the public’s business and partisan. Thanks for everything you have done let’s do it in public and let’s end the se- So this isn’t about everybody on the to advance Wall Street reform this cret holds, the nasty habit we can no other side of the aisle holding up this week. longer afford. legislation. This is bipartisan legisla- By the way, on that, the American I will look forward to visiting with tion. We should be here tonight. It is people should know that this bill, the my colleagues on the other side of the only 7:30. We should be here tonight de- Wall Street reform bill, is a very good aisle and see if we can prevail upon bating this amendment, allowing peo- bill. Unlike some other work we have them to withdraw their second-degree ple to come together in a bipartisan done recently, it actually has the ben- amendment so we can go forward or way to support the amendment, just as efit of being worked on in a very bipar- find some other way forward. But make we should allow people to come to- tisan way, with a lot of amendments no mistake, we will find a way forward gether in a bipartisan way to support from Democrats and Republicans which and we will end the secret hold. I am the nominees who have come forward I think have improved the legislation. I confident it will happen. So you can and passed out of committee. There is can’t predict the future, but my guess fight as long and as hard as you want, no difference. The difference is that is that it is going to pass with broad bi- but we are not going to give up. this rule allows some individuals to partisan support.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.073 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3708 CONGRESSIONAL RECORD — SENATE May 13, 2010 I congratulate Chairman DODD on his to drop this second-degree amendment the interest in connection with a consumer leadership and getting that done in a on and jam up its passage through this credit transaction that is secured by real way that gives the American people body? property.’’. confidence that we are actually doing Which is the one? It is the secret Mr. WHITEHOUSE. I don’t want to their business. hold. In kind of a perverse way, it is ac- speak long. I want to, first, join Sen- With that, I yield the floor. tually sort of appropriate that a proce- ator BENNET’s appreciation of Senator The PRESIDING OFFICER. The Sen- dural vehicle, the secret hold, that has DODD for the long and successful way ator from Rhode Island. such an odor of mischief around it— in which he has managed this bill. It Mr. WHITEHOUSE. Mr. President, I that the reform of that should itself be has not gone unnoticed by the Amer- wish to join my colleagues in express- blockaded by a procedural trick that ican people how contentious and can- ing our support for Senator WYDEN’s also has that same odor of mischief tankerous the environment is around continued efforts to get this rule about it. the Senate. Notwithstanding that in- changed. But what we want to do is get hospitable environment, he has done an The circumstances in which these se- through that mischief so that the busi- extraordinary job of bringing this leg- cret holds take place are quite remark- ness of this body no longer wreaks of islation forward and continuing able. Over and over again we see a com- the odor of mischief and instead gives through the deliberative process, where mittee vote clearing a nominee for the off the healthy air of open debate and people are getting amendments and floor, often unanimously, or by heavy, public process and transparency. I votes are being taken. There are no huge bipartisan majorities; clearly thank Senator WYDEN and Senator motions to table so far. Only one vote qualified candidates; clearly candidates GRASSLEY, who is not on the floor. We has required 60 votes. It has been going who enjoy bipartisan support and, in will continue to push on this. by the regular order of the Senate and many cases, candidates who are unani- AMENDMENT NO. 3746 TO AMENDMENT NO. 3739 not the usual procedures that often mously supported. Even in this conten- If I could change to a different piece have been forced by the recent obstruc- tious and cantankerous time in this of business, I will take this oppor- tionism we have seen. I commend him body, they come through the com- tunity to call up amendment No. 3746. and thank him for allowing this mittee with that kind of support. I thank Senator DODD and I will say a amendment to be called up and to go Then they come through on the floor few words about it. forward. in some cases 98 to 0, 100 to 0. But be- The PRESIDING OFFICER. The I want to add a sponsor, Senator TOM tween that unanimous committee vote clerk will report. UDALL, of New Mexico. I ask unani- and the unanimous floor vote is an end- The legislative clerk read as follows: mous consent that he be added as the less, endless, endless delay. Many of The Senator from Rhode Island [Mr. amendment’s 15th cosponsor. them stack up and never get that floor WHITEHOUSE], for himself, Mr. MERKLEY, Mr. The PRESIDING OFFICER. Without vote. We have had as many as 100 DURBIN, Mr. SANDERS, and Mr. LEVIN, pro- objection, it is so ordered. stacked up, waiting for that floor vote poses an amendment numbered 3746 to Mr. WHITEHOUSE. I very much hope on the Executive calendar. amendment No. 3739. this can go with bipartisan support. What is happening between a unani- Mr. WHITEHOUSE. Mr. President, I Senator COCHRAN on the Republican mous committee vote and a unanimous ask unanimous consent that reading of side is a cosponsor as well. It is a bipar- floor vote that creates all this hassle the amendment be dispensed with. tisan amendment. This is a situation and delay and leaves people in limbo The PRESIDING OFFICER. Without that the Congress never voted on, the for months and months, 100 at a time objection, it is so ordered. situation that is here to cure. We never on the Executive calendar, all of whom The amendment is as follows: made a decision that an out-of-State are in responsible positions in our Fed- (Purpose: To restore to the States the right bank should be able to come into your eral Government that we need to have to protect consumers from usurious lenders) State and violate your State’s law staffed? It is the secret hold. It is the On page 1320, strike line 23 and all that fol- about interest rates. We could have. secret hold where you don’t have to lows through the end of the undesignated That is within Congress’s power to say. disclose who you are so you don’t have matter on page 1321 between lines 17 and 18 But we never did. We are in that cir- to disclose why you are holding. Be- and insert the following: cumstance, however, for an unusual cause you don’t have to disclose who ‘‘(g) TRANSPARENCY OF OCC PREEMPTION reason—because many years ago, 30 DETERMINATIONS.—The Comptroller of the you are or why you are holding, you Currency shall publish and update not less years ago, the Supreme Court made a don’t have to have a good reason. You frequently than quarterly, a list of preemp- technical decision about the National could have a downright nefarious rea- tion determinations by the Comptroller of Banking Act, determining that when son and you could still use the hold. It the Currency then in effect that identifies you have a transaction between a bank is pretty widely known that deeds that the activities and practices covered by each in one State and a consumer in an- are done in the dark are not the deeds determination and the requirements and other, where is the transaction located we are proud of, and this is a deed that constraints determined to be preempted.’’. for regulatory purposes? They decided (b) CLERICAL AMENDMENT.—The table of to locate it where the bank is. They is by definition always done in the sections for chapter one of title LXII of the dark. Senator WYDEN and Senator Revised Statutes of the United States is had to pick one or the other. GRASSLEY’s long efforts to get rid of it amended by inserting after the item relating That didn’t seem very systemically are very commendable. We are going to to section 5136B the following new item: important at the time. But the big work very hard to make sure we have ‘‘Sec. 5136C. State law preemption standards banks—the Wall Street banks—have their back on this rule. for national banks and subsidi- very crafty lawyers. The very crafty In this particular circumstance, Sen- aries clarified.’’. lawyers saw the loophole that this in- ator WYDEN has been here 14 years. He (c) USURIOUS LENDERS.—Chapter 2 of the nocent technical decision opened. So has never seen a stunt like this one. I Truth in Lending Act (15 U.S.C. 1631 et seq.) they started moving their credit card have only been here 3 years; I can’t say is amended by adding at the end the fol- businesses, their divisions, into States lowing: that. But 14 years of service in the Sen- that had the worst consumer protec- ‘‘SEC. 141. LIMITS ON ANNUAL PERCENTAGES ate and he has never seen a stunt like RATES. tion laws—the ones where you could this particular one. ‘‘Effective 12 months after the date of en- charge any interest rate you wanted, The idea that this is on the merits, actment of this section, and notwithstanding where there was the worst protection the idea that this is about trying to get any other provision of law, the interest ap- for the consumer. From that base of a vote on that second-degree amend- plicable to any consumer credit transaction the worst consumer protection in the ment, seems mighty improbable. Of all (other than a transaction that is secured by country, they could move out and sell of the amendments on this bill, of all of real property), including any fees, points, or their products and do business in all of the amendments we have voted on, of time-price differential associated with such the other States, whose laws were still a transaction, may not exceed the maximum all the amendments that are pending, permitted by any law of the State in which on the books, whose laws still pro- of all the amendments people are argu- the consumer resides. Nothing in this section tected their citizens, whose laws had ing for to get on the floor, which is the may be construed to preempt an otherwise stood since the founding of the Repub- one amendment that somebody chose applicable provision of State law governing lic, since the establishment of the

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.074 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3709 States, and they could get around done you a real good deed. We have al- volvement, I am not sure we would those laws because of this loophole lowed your State government, your have ever concluded the process as suc- that the Supreme Court decision Governor and legislature in the home cessfully as we did. I am eternally opened. State, to protect its own citizens grateful to him for that. He has since It is way past time that we close this against abusive out-of-State interest then moved off that committee and he loophole. In Illinois, Connecticut, and rates. is doing other things. He is terribly in- Rhode Island, over and over and over A lot of this bill is very technical. It terested in this subject matter, finan- we hear from people who are suffering is preventive medicine to rebuild the cial reform. I commend him for his pas- because they were late with a payment Glass-Steagall firewall, to regulate sion and determination to have these or they fell into one of the tricks and collateralized debt obligations, to en- issues raised. traps in the credit card contract or for hance leverage requirements—things Mr. WHITEHOUSE. Mr. President, if no reason at all, just because they can that are hard for people to grasp if I may reply. As a new Senator in this do it, the credit card company jacked they have not been steeped in these the interest rate up to or over 30 per- technicalities for these many weeks. It body, who had not had legislative expe- cent. Suddenly, boom, they are in what is important stuff, but if you want a rience—I came out of an executive and one expert called the ‘‘sweat box.’’ clear, deliverable way to explain about law enforcement background—I have They cannot pay what they owe. It is this bill when you go back to your enjoyed the privilege of serving on that all they can do to stay even all the home State—when Senator COCHRAN, committee under the Senator’s leader- time. The big company milked them my cosponsor, goes back to Mississippi, ship. And now to have had the privilege and charged an interest rate that if this amendment passes, he will be of seeing him work this bill on the would be illegal under the laws of that able to say to his fellow Mississippians: floor, for a new Senator, it has been a State. Before 1978, the solicitation for Ladies and gentlemen, the State of master class in leadership and legisla- that credit card that had the tricks Mississippi is empowered to protect tion. I will never forget it. I feel very and traps, and that hidden 30-percent you now. An out-of-State company can privileged to have had that experience. penalty rate, would have been a matter no longer take your interest rates, and I thank the chairman. for the authorities. Now it is the way for a lousy reason, or for no reason at Mr. DODD. Mr. President, I am going they do business. all, suddenly jack them up to 30 per- to be very brief. Our staff has been very This amendment will put that back. cent or more. It is simply wrong to patient all week. You only get to see For 202 years of this Republic, that was leave ordinary Americans subject to the way things were. States could pro- them when the cameras pull back and that kind of abuse, to all the crafty, we are in a quorum call. The wonderful tect their own citizens from unfair and heavily lawyered, carefully designed, floor staff people do a remarkable job. excessive interest rates. That is the socially engineered tricks and traps Our reporters of debates here do a ter- way it should be. That is what fed- they have built into these complicated, rific job reporting the words of every eralism is all about. That is what complex, tricky credit card agree- States rights are all about. So I hope ments. Senator who has spoken. I am grateful that my amendment will go forward. Now 50 States can stand against it. to them. People believe in history—the more Attorneys general can proceed to de- I briefly say, Mr. President, we have than two centuries of history of the fend these laws. It puts the government now, I think, done some 30, 35 amend- States protecting their consumers, and of this country back where it should ments on this bill. We have been at this a tradition of protection against abu- be—in the hands of the people. Some for a couple of weeks. The legislative sive rates that goes back before the people here would rather have the big days, I think, are 6 working days— founding of our country, back to an- corporations rule over the States. I be- maybe 7, which doesn’t seem like cient Roman law, and all of the world’s lieve that the States should trump much, but it is an awful lot. Important major religions. This is a longstanding even the big corporations when it amendments have been debated, ac- tradition with a very strange little comes to matters of protecting their cepted, and rejected on both sides of loophole that created a peculiar his- citizens. That is the way it should be. the aisle. toric anomaly that allows these big That is the way the country was found- corporations to take terrible advantage ed and, if this amendment passes, that I was determined at the outset to of ordinary Americans. Not only are is the way it will be again. prove not only that we can pass impor- Americans being taken advantage of, I yield the floor. tant legislation, but that we can do it but local banks suffer as well because The PRESIDING OFFICER. The Sen- with a strong dose of civility in the they have to play by the rules. If you ator from Connecticut is recognized. process, and that while we have strong haven’t played that stunt of Mr. DODD. Mr. President, I thank my views and we speak, as I do from time headquartering your bank in another colleague from Rhode Island for his to time, with some degree of emotion State so you can work your way back very generous comments. We have and passion about things I care deeply and market in that same State, but worked closely together. He hasn’t about, that should in no way be a re- under the nonexistent consumer pro- been here a great deal of time, but he flection of my feelings for my col- tections of the home State, then you was an invaluable asset last year about leagues. We have allowed a lack of ci- are stuck, and it is not fair. this time when we were spending an vility in recent years, which makes it I ask my colleagues to protect con- awful lot of time together. I had be- more difficult to get our jobs done. We sumers in your home States and be come sort of the acting chairman of didn’t get elected here to let those true to history and States rights, pro- the HELP Committee when my dearest emotions dominate our jobs on behalf tect your local banks have to follow friend in this Chamber became terribly of the people who sent us here. local State laws. Let’s put this brief ill, Senator Kennedy. He asked me to moment in history into the ash heap of take over that committee for him. We In the last couple of weeks, we have history, where it belongs as an anom- were charged with the responsibility of produced a good bill, a stronger bill, aly where Americans, for the first putting together a sizable portion of but in a way the American people can time, had no protection from giant cor- the health care proposal. The Senator take pride in how their Senate is oper- porations gouging them with 30 percent from Rhode Island was an invaluable ating. I am grateful to all my col- and higher interest rates. That is not asset in that process. We had some leagues and the staffs and others who the way America was founded. That is critical moments, which I will not go make it possible for us to do this. not what we stood for for centuries. It into now, but in those critical mo- These people are knowledgeable about is only because of this peculiar loop- ments, he played a remarkably impor- what needs to be done to work out lan- hole that we have this situation. We tant role. Some day, I will have time to guage that allows us to move forward. have it within our power to change spend more time going back and writ- They don’t get mentioned or talked that. We have it within our power to go ing or talking about those days. I can about, and they don’t give speeches, back to our home States and say to the point to several moments when, in the but they play an integral and impor- people in our home States: We have absence of Senator WHITEHOUSE’s in- tant role in how this institution works.

VerDate Mar 15 2010 02:13 May 14, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.076 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3710 CONGRESSIONAL RECORD — SENATE May 13, 2010 AMENDMENT NO. 3758 TO AMENDMENT NO. 3739 On page 1464, line 10, after ‘‘agency’’ insert tifying practices and risk-related Mr. DODD. Mr. President, I ask unan- ‘‘(other than the Bureau of Consumer Finan- trends that are substantial contrib- imous consent that the pending amend- cial Protection)’’. uting factors to systemic risk. ment be set aside, and on behalf of Sen- On page 1472, line 4, after ‘‘agency’’ insert I ask for unanimous consent that the ‘‘(other than the Bureau of Consumer Finan- ator ROCKEFELLER, I call up amend- joint letter from the Conference of cial Protection)’’. ment No. 3758 and ask that once it is On page 1477, strike lines 15 through 21 and State Bank Supervisors, the National reported by number, it be set aside. insert the following: Association of Insurance Commis- The PRESIDING OFFICER. Without ‘‘(e) REGULATORY AUTHORITY.— sioners, and the North American Secu- objection, it is so ordered. ‘‘(1) BUREAU OF CONSUMER FINANCIAL PRO- rities Administrators Association sup- The clerk will report. TECTION.—The Bureau shall prescribe such porting this amendment be printed in The legislative clerk read as follows: regulations as are necessary to carry out the the RECORD. The Senator from Connecticut [Mr. DODD], purposes of this Act. Except as provided in There being no objection, the mate- for Mr. ROCKEFELLER, for himself, Mrs. paragraph (2), the regulations prescribed by rial was ordered to be printed in the HUTCHISON, Mr. DORGAN, and Mr. PRYOR, pro- the Bureau under this subsection shall apply RECORD, as follows: poses an amendment numbered 3758 to to any person that is subject to this Act, amendment No. 3739. notwithstanding the enforcement authorities NATIONAL ASSOCIATION OF Mr. DODD. Mr. President, I ask unan- granted to other agencies under this section. INSURANCE COMMISSIONERS, May 13, 2010. imous consent that reading of the ‘‘(2) FEDERAL TRADE COMMISSION.—The Fed- eral Trade Commission shall issue regula- Hon. PATTY MURRAY, amendment be dispensed with. Hon. SUSAN COLLINS, The PRESIDING OFFICER. Without tions to implement sections 615(e) and 628 of this Act with respect to entities within its U.S. Senate, objection, it is so ordered. authority under section 621 of this Act. The Washington, DC. The amendment is as follows: regulations issued by the Bureau under para- DEAR SENATORS MURRAY AND COLLINS: The (Purpose: To preserve the Federal Trade graph (1) shall not apply to those entities.’’; Conference of State Bank Supervisors Commission’s rulemaking authority and and (CSBS), the National Association of Insur- for other purposes) On page 1482, line 1, after ‘‘agency’’ insert ance Commissioners (NAIC) and the North On page 1237, line 6, strike ‘‘law,’’ and in- ‘‘(other than the Bureau of Consumer Finan- American Securities Administrators Asso- sert ‘‘law (other than section 1024(g) of this cial Protection)’’. ciation (NASAA) are writing in support of title),’’. On page 1485, line 24, strike ‘‘and’’ after the your amendments providing for non-voting On page 1254, line 15, strike ‘‘To’’ and in- semicolon. membership for state banking, insurance and sert ‘‘Except as provided in paragraph (3), On page 1486, line 2, insert ‘‘and’’ after the securities regulators on the Financial Sta- to’’. semicolon. bility Oversight Council (FSOC). On page 1255, line 10, strike ‘‘(a)(1)(A),’’ and On page 1486, between lines 2 and 3, insert Including state regulators on the FSOC is insert ‘‘(a)(1),’’. the following: both necessary and appropriate. State bank- On page 1256, line 25, strike ‘‘law,’’ and in- (C) by adding at the end the following: ing, insurance, and securities regulators are sert ‘‘law (other than subsection (g)),’’. on the front lines of financial regulation and On page 1257, after line 25, insert the fol- ‘‘Notwithstanding the preceding sentence, only the Federal Trade Commission shall bring information and perspectives that are lowing: necessary components of an effective regu- (g) PRESERVATION OF FEDERAL TRADE COM- prescribe regulations to implement section 501(b) with respect to entities subject to Fed- latory structure. In all financial sectors, MISSION AUTHORITY.— state regulators gather and act upon large (1) IN GENERAL.—No provision of this title eral Trade Commission enforcement under section 505(a).’’. amounts of information from industry par- shall be construed as modifying, limiting, or ticipants and from investors. State regu- otherwise affecting the authority of the Fed- On page 1500, line 23, strike the closing quotation marks, the semicolon, and ‘‘and’’. lators would bring to the FSOC the insights eral Trade Commission under the Federal of a team of ‘‘first responders’’ who see Trade Commission Act or any other law, On page 1500, between lines 23 and 24, insert the following: trends developing at the state level, which other than an enumerated consumer law. have the potential to impact the larger fi- (2) CERTAIN ENFORCEMENT ACTIONS.—The ‘‘(3) Subject to subtitle B of the Consumer Financial Protection Act of 2010, the Federal nancial system. Consequently, they serve as Federal Trade Commission may enforce, an early warning system identifying prac- under the Federal Trade Commission Act, a Trade Commission shall enforce the rules tices and risk-related trends that are sub- rule with respect to an unfair, deceptive, or issued under paragraph (1) in the same man- stantial contributing factors to systemic abusive act or practice issued by the Bureau ner, by the same means, and with the same jurisdiction as though all applicable terms risk. as to a person subject to the Federal Trade Matters of financial stability and systemic and provisions of the Federal Trade Commis- Commission’s jurisdiction under that Act, risk have far-reaching implications and ben- sion Act were incorporated into and made and a violation of such a rule shall be treat- efit from a diversity of regulatory perspec- part of this section.’’; and ed as a violation of a rule issued under sec- tives. By including state regulators in the On page 1516, line 1, after ‘‘agency’’ insert tion 18 of that Act (15 U.S.C. 57a) with re- FSOC, your amendments create a more com- spect to unfair or deceptive acts or practices. ‘‘(other than the Bureau of Consumer Finan- prehensive and efficient approach that will The Bureau may enforce, under subtitle E, a cial Protection)’’. benefit from access to all relevant informa- rule with respect to an unfair or deceptive Ms. COLLINS. Mr. President, I rise tion regarding the accumulation of risk in act or practice issued by the Federal Trade today to speak on the amendment that our financial system. Commission as to a covered person. Thank you for your efforts and we look On page 1375, beginning with line 7, strike Senator MURRAY and I have been work- forward to working with you to secure pas- through line 5 on page 1376 and insert the fol- ing on together that would expand the sage of your amendments. lowing: Financial Stability Oversight Council Sincerely, (5) FEDERAL TRADE COMMISSION.— established in S. 3217 to include as non- JOSEPH A. SMITH, Jr., (A) TRANSFER OF FUNCTIONS.—The Federal voting members a State insurance Trade Commission’s authority under an enu- Commissioner of commissioner, a State banking super- Banks, North Caro- merated consumer law to conduct a rule- visor, and a State securities commis- making, issue official guidelines, or conduct lina, Chairman, a study or issue a report mandated by such sioner. Concomitantly, I seek to re- Conference of State law, shall be transferred to the Bureau on move the independent voting member Bank Supervisors. the designated transfer date. Nothing in this position having insurance expertise, as DENISE VOIGT CRAWFORD, title shall be construed to require a manda- that would create a duplicative posi- Texas Securities Com- missioner, NASAA tory transfer of any employee of the Federal tion. Trade Commission to the Bureau. President. It is critically important that the JANE CLINE; (B) FEDERAL TRADE COMMISSION AUTHOR- Council incorporate State regulators. ITY.—The Bureau shall have all powers and West Virginia Insur- duties respecting rulemaking, issuing guide- State banking, insurance, and securi- ance Commissioner, lines, conducting mandated studies, and ties regulators are on the front lines of NAIC President. issuing mandated reports contained within financial regulation and therefore have Ms. COLLINS. Mr. President, I also the enumerated consumer laws that were information and perspectives that are wish to speak briefly on my amend- vested in the Federal Trade Commission re- necessary components of an effective ment, No. 3879, which would help raise lating to consumer financial protection func- regulatory structure. State regulators capital and risk standards for banks, tions on the day before the designated trans- could act as ‘‘first responders’’ to the fer date. bank holding companies, and nonbank On page 1462, line 5, after ‘‘agency’’ insert Council, in that they see trends devel- financial institutions. ‘‘(other than the Bureau of Consumer Finan- oping at the State level. They could It is not my intent that this amend- cial Protection)’’. serve as an early warning system, iden- ment affect the treatment of small

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.077 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3711 bank holding companies as provided promoting education to help Nevada fensive tackle for Greenland High under the Federal Reserve’s Small students go to college. School’s football team, and voted Bank Holding Company Policy State- The U.S. Senate will also miss an op- ‘‘class favorite’’ by his peers. He loved ment, nor do I intend that the amend- portunity to hear Reverend Scott’s to hunt and fish and drive backroads in ment apply to Federal Home Loan words of faith; he was scheduled to his four-wheel-drive pickup he called Banks. Likewise, I would like the serve as the guest Chaplain and deliver ‘‘Skeeter.’’ Those who knew him de- record to reflect that the effective date the opening prayer on the Senate floor scribed him as ‘‘tough as nails,’’ and for bank holding companies owned by on Thursday, May 20. said the word ‘‘quit’’ was not part of foreign banking organizations that ob- Mr. President, Reverend Jesse Scott his vocabulary. tained an exemption from capital re- was a trailblazer for civil rights and a Greenland police officer Michael quirements pursuant to the Federal man of deep faith in God and human- Huber perhaps best described Lance Reserve’s Supervision and Regulation ity. My thoughts are with Reverend Corporal Penny’s life and the impact Letter SR–01–1 should be 5 years after Scott’s family during this difficult he had on others when he said to a enactment. time. local TV station: ‘‘Here in our town, I look forward to working with my Our State has lost a giant, but I am there are people we look up to. Richard colleagues to ensure that this intent is proud to have worked alongside such a Penny was one of those. He’ll still be properly reflected in the final language great Nevadan. somebody we can look up to. Because of this reform bill. f he paid the ultimate sacrifice on the Mr. DODD. Mr. President, I suggest altar of freedom.’’ NATIONAL POLICE WEEK the absence of a quorum. Today I join all Arkansans in lifting The PRESIDING OFFICER. The Mrs. LINCOLN. Mr. President, I rise up Lance Corporal Penny’s family, clerk will call the roll. today in honor of National Police Week friends, and all those who loved him The legislative clerk proceeded to to recognize the courage, bravery, and during these challenging times. We will call the roll. dedication of Arkansas’s law enforce- never forget his courage, his honor, and Mr. DODD. Mr. President, I ask unan- ment officers, who risk their lives each the life he gave for our country. imous consent that the order for the day to keep our citizens safe. f quorum call be rescinded. In particular, I pay tribute to five The PRESIDING OFFICER. Without fallen officers from our State whose ADDITIONAL STATEMENTS objection, it is so ordered. names have been added to the National Law Enforcement Officers Memorial in f TRIBUTE TO COLONEL JOHN D. Washington, DC. The officers, their de- BIRD II MORNING BUSINESS partments, and their dates of death Mr. DODD. Mr. President, I ask unan- are: ∑ Mr. CRAPO. Mr. President, on May imous consent that the Senate proceed John A Bratton, Grant County Sher- 24, 2010, Mountain Home Air Force to a period for the transaction of morn- iff’s Office, February 1, 1887 Base, in my home State of Idaho, will ing business, with Senators permitted H.L. Smith, Grant County Sheriff’s bid farewell to COL John D. Bird, his to speak for up to 10 minutes each. Office, February 1, 1887 wife Megan, and their children Blake The PRESIDING OFFICER. Without Joseph Christopher Cannon, and Cole. Colonel Bird has been the objection, it is so ordered. Plumerville Police Department, June commander of the 366th Fighter Wing f 19, 2009 at Mountain Home Air Force Base Larry Neal Blagg, Trumann Police since February 11, 2009. Colonel Bird is REMEMBERING REVEREND JESSE Department, January 27, 2009 a command pilot with more than 1,700 SCOTT Henry Jorden Willeford, Van Buren flight hours in the F–15C, T–37, and T– Mr. REID. Mr. President, I rise today County Sheriff’s Office, November 16, 38. He has been awarded the Legion of with a sad heart, because on Monday, 2009 Merit, the Defense Meritorious Service May 10, the city of Las Vegas and our Along with all Arkansans, I thank Medal, the Meritorious Service Medal Nation lost a voice for truth and jus- these officers for their service and sac- with three oak leaf clusters, the Air tice. On that day, Reverend Jesse Scott rifice. It is a fitting tribute that the Medal, the Air Force Commendation passed away. names of these officers have been Medal with one oak leaf cluster, and Reverend Jesse Scott committed etched on the National Law Enforce- the Air Force Achievement Medal. many of his 90 years to creating a more ment Officers Memorial in Washington, Colonel Bird has given a lifetime of just world. With a commanding voice DC. service to his country, to the benefit of he argued for basic principles of fair- f us all. ness that will reverberate long into the The 366th Fighter Wing consists of future. His perseverance inspired us all HONORING OUR ARMED FORCES over 4,800 United States and Republic and we continue his legacy of building LANCE CORPORAL RICHARD R. PENNY of Singapore personnel, with 22 squad- a community that sees all its members Mr. PRYOR. Mr. President, it is with rons, comprised of a fleet of 86 F–15 air- as equals. a heavy heart that today I honor LCpl. craft, and under Colonel Bird’s com- Reverend Scott’s career was devoted Richard R. Penny from Greenland, AR, mand, it excelled in its mission. He to social justice. As an organizer, presi- and pay tribute to his life and service oversaw the deployment of 5,286 per- dent and executive director of the to our country. sonnel and 1,507 tons of cargo to 18 dif- NAACP in California and Nevada, he Lance Corporal Penny was a machine ferent locations around the world, with brought communities together to cre- gunner assigned to the 1st Battalion, his squadrons surpassing all theater ate better living and working condi- 2nd Marine Regiment, 2nd Marine Divi- commander objectives in each location. tions for minority workers. Because of sion, II Marine Expeditionary Force During Colonel Bird’s time as com- his dedication, Reverend Scott was based out of Camp Lejeune, North mander, and due to his leadership, the later selected to be the executive direc- Carolina. In March of this year, he was Wing was recognized with 19 individual tor of the Nevada Equal Rights Com- deployed to Afghanistan’s Helmand awards and 9 program awards at the mission, where he served with dedica- Province, an opium-producing region Air Combat Command level and 10 tion and distinction. at the epicenter of the war on terror. awards at the Headquarters Air Force Until his death, Reverend Scott was He served with valor and distinction, level. While under his command, the assistant pastor at Second Baptist earning numerous awards, including Mountain Home Air Force Base Church of Las Vegas and was the the National Defense Service Medal, thrived. He oversaw the expansion and former pastor of Second Christian the Global War on Terrorism Service enhancement of the Mountain Home Church in Las Vegas. Even in his final Medal, and the Afghanistan Campaign Range Complex, with new urban target days, he practiced his life’s mission of Medal. construction and an increase in train- social advocacy by working with Ne- Lance Corporal Penny was an ‘‘all- ing airspace capacity; a family housing vada’s nonviolent ex-offenders and by American’’ man, an all-conference de- demolition project, 3 years ahead of

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.032 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3712 CONGRESSIONAL RECORD — SENATE May 13, 2010 schedule, saving $2.2 million; the con- companies, and other firms and indi- The Mature Worker Award also rec- struction of 300 new military family viduals involved in the industry. ognized three companies for their ongo- housing units; a temporary lodging fa- Throughout his career Rankin has ing efforts to provide a work environ- cility; and a new main gate complex. been a strong advocate for clarity and ment friendly to mature workers. The Colonel Bird’s outstanding leadership practicality in the ongoing debate to winners were: abilities inspired excellence and formulate a responsible national en- Arkansas Educational Television Network, achievement in others, and his com- ergy policy. Because of his steadfast ef- Conway prehensive view of the wing’s mission forts, the oil and gas industry plays a Bank of the Ozarks, Little Rock within the context of the broader mis- leading role in these policy debates and Saline Memorial Hospital, Benton sion of the Air Force and the U.S. mili- deliberations. Mr. President, I congratulate each tary made him a particularly out- A native of Dallas, Rankin is an ac- and every member of these organiza- standing commander. My staff and I tive member and generous benefactor tions for their dedication to their fami- have enjoyed an extremely positive of a number of local charitable founda- lies, work life, and our great State of working relationship with Colonel Bird tions. He has served on the Board of Arkansas.∑ and his staff, which helps to ensure Visitors of the University Cancer f that Mountain Home AFB not only re- Foundation of the University of Texas RECOGNIZING BLACK DINAH tains critical missions, but is consid- M.D. Anderson Hospital Cancer Center CHOCOLATIERS ered for others as it possesses one of and as chairman for the Chronic the top training ranges in the Nation Lymphocytic Leukemia, CLL, Global ∑ Ms. SNOWE. Mr. President, today I and has the strong support of the local Research Foundation. recognize Black Dinah Chocolatiers, a community and the State. On May 13, 2010, Rankin will step rare treasure of a company found on Colonel and Mrs. Bird have been ex- down as chairman of the U.S. Oil and the tiny, remote Maine island of Isle au emplary representatives of the Air Gas Association. On this special occa- Haut in Penobscot Bay. While this Force and good friends to Idaho. They sion I want not only to commend small business may be nestled on a will be greatly missed. On behalf of the Rankin for his lifelong dedication to small island, it is no secret to the State of Idaho, I wish them well as energy policy but also to thank him for world. Featured in Martha Stewart they move back to Washington, DC, his tremendous commitment to our Living and various other publications, where Colonel Bird will work as Chief State and country.∑ chocolate lovers travel from near and far to take the 45-minute ride by mail of the Force Application Division at f the Pentagon, and I thank them for boat or ferry from the mainland to in- their continued service to our Nation GOVERNOR’S WORK-LIFE BALANCE dulge in the rich, delightful taste of and for their time as gunfighters in the AWARD RECIPIENTS Black Dinah’s specialty handcrafted great State of Idaho.∑ ∑ Mrs. LINCOLN. Mr. President, today chocolates. The history behind this tasty small f I congratulate 17 Arkansas employers that were recently honored by the Ar- business is a tale of adventure and cre- TRIBUTE TO B.M. ‘‘MACK’’ RANKIN, kansas Governor’s office for providing ativity. Black Dinah Chocolatiers’ JR. resources to help their workers balance founders Kate and Steve Shaffer fell in ∑ Mrs. HUTCHISON. Mr. President, work and family life. As the mother of love with the small fishing and today I wish to speak about a dear twin boys, and like every working par- lobstering community of Isle au Haut friend whose contributions to the great ent, I find it can be a challenge to bal- after moving there in 2004. Not seeking State of Texas and our Nation are most ance family life with my work respon- employment in the island’s traditional notable. sibilities. I commend these Arkansas trades of lobstering and carpentry, B.M. Rankin, Jr., known by his employers for providing resources that Kate and Steve designed an alternative friends as ‘‘Mack,’’ is a pioneer in the support employees in balancing the business plan that consisted of a prod- oil and gas industry. More than three needs of both work and family. uct that could be marketed and shipped decades ago, Rankin and two partners, The winners, based on number of em- off the island year-round to com- W.K. McWilliams, Jr. and James R. ployees, were: pensate for cold Maine winters and a Moffett, founded McMoRan Explo- sparsely populated customer base on LARGE COMPANIES ration Co., an independent public com- the island. Their solution was choco- pany engaged in the exploration, devel- University of Arkansas, Fayetteville, Gold late. University of Arkansas for Medical opment and production of oil and nat- Sciences, Little Rock, Silver With Kate’s years of experience in ural gas offshore in the Gulf of Mexico Ernst & Young, LLP, Rogers, Bronze the restaurant industry, Steve’s experi- and onshore in the gulf coast area. Fayetteville Public School District, Fay- ence in the computer repair business, Today Rankin is the vice chairman of etteville, Bronze and some assistance from one of both McMoRan Exploration Co., NYSE, MEDIUM COMPANIES Maine’s exceptional women’s business and Freeport-McMoRan Copper & Gold Winrock International, Little Rock, Gold centers, the Shaffers launched Black Inc., NYSE, the world’s third-largest Arkansas Educational Television Network, Dinah Chocolatiers in July of 2007. copper deposit and the single largest Conway, Silver Today, thousands of chocolates are gold deposit in the world. Delta Dental of Arkansas, Sherwood, shipped off the island to every State Rankin’s expertise and knowledge of Bronze during holidays such as Thanksgiving, America’s energy resources, coupled SMALL COMPANIES Christmas, Valentine’s Day, and Moth- with his leadership and vision for our Cross, Gunter, Witherspoon & Galchus, ers Day. In addition to an active mail country’s energy needs, have trans- P.C., Little Rock, Gold order business, the Shaffers supply formed public policy in this area. Arkansas Power Electronics International, their artisan chocolates to Maine gour- For the past 2 years, he has served as Inc., Fayetteville, Silver met food stores, wine shops, and flo- White River Planning & Development Dis- the chairman of the U.S. Oil and Gas trict, Inc., Batesville, Bronze rists. They also run an organic bakery Association. Under his guidance, the and coffeehouse from May through Sep- association has provided the industry The Work-Life Initiative also an- tember for tourists and locals alike. with representation in legislative, reg- nounced Spotlight Award winners, hon- This small business has a tremendous ulatory and public affairs, and it serves oring organizations that provided ex- impact on the island’s community—not as a resource on technical matters. emplary strategies that support a only through its satisfying contribu- Membership in the association rep- healthy work-life balance. They were: tion of extraordinary chocolate but as resents all segments of the industry, Arvest Bank, Ft. Smith and River Valley a profitable venture that is helping to including major oil and gas companies, Region, Ft. Smith sustain its local economy through sales Bell & Company, PA, North Little Rock independent oil and gas producers, re- Friendship Community Care, Russellville that have doubled each year since its fineries, natural gas and petroleum Helen R. Walton Children’s Enrichment inception. products transportation and distribu- Center, Bentonville Black Dinah Chocolatier further as- tion companies, natural gas generation McKee Foods Corporation, Gentry sists the regional economy through its

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.037 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3713 use of local Maine produce. Kate turns When I was elected to the U.S. Sen- threat posed by the Lord’s Resistance Army out dozens of handmade Venezuelan, ate in 1996, Mike immediately rolled up and to authorize funds for humanitarian re- Belgian, and rare Peruvian-style his shirt sleeves to work with me and lief and reconstruction, reconciliation, and transitional justice, and for other purposes. chocolates, including truffles and cara- our staff to open up the VA’s Central S. 3333. An act to extend the statutory li- mels, all of them flavored with natural Oregon Community Based Outreach cense for secondary transmissions under ingredients—organic herbs, flowers, Clinic—the first of its kind to open up title 17, United States Code, and for other fruits, and even cheeses cultivated by east of the Cascades. Before this clinic purposes. the region’s farmers. In fact, each sea- got off the ground, central Oregon vet- The message also announced that the son’s flavored chocolates are dictated erans had to drive to the Portland VA House has agreed to the following con- by what is at the nearby Stonington Medical Center for the medical services current resolution, without amend- farmers market on the mainland. our Nation promised them—a 6-hour ment: Every chocolate features at least one round trip. That hardship is now a S. Con. Res. 61. Concurrent resolution ex- ingredient from a Maine farmer located thing of the past for Oregon’s veterans. pressing the sense of the Congress that gen- within 50 miles of the company’s base. Today, the clinic is such a success that eral aviation pilots and industry should be The Shaffers understand how critical we are now in the process of expanding recognized for the contributions made in re- it is for their business to establish and it. sponse to Haiti earthquake relief efforts. maintain local relationships, especially Throughout all of his work on vet- ENROLLED BILLS SIGNED on an island the size of Isle au Haut. In erans’ issues, Mike had a particular The PRESIDENT pro tempore (Mr. a truly Maine example of how neigh- feel for the challenges his fellow serv- BYRD) announced that he had signed bors help each other to this day, Kate icemembers faced with post traumatic the following enrolled bills, which were told Martha Stewart Living Magazine, stress disorder, PTSD. He had started previously signed by the Speaker of the ‘‘It’s not as though you can go to the working with people dealing with ill- House: store when you run out of butter. If I ness during the Vietnam era, and con- H.R. 1121. An act to authorize a land ex- run out of butter I’ll go to Diana, the tinues to this day. Three years ago, change to acquire lands for the Blue Ridge innkeeper. For cream cheese, I call Mike brought together a diverse group Parkway from the Town of Blowing Rock, Brenda, a lobsterman’s wife, who North Carolina, and for other purposes. of veterans’ leaders and formed the H.R. 1442. An act to provide for the sale of makes lots of crab dip. And of course, Central Oregon Vet Center Task Force if anyone needs sugar or chocolate, the Federal Government’s reversionary in- to find ways to support veterans in terest in approximately 60 acres of land in they come to me.’’ their community. Mike led the group’s Salt Lake City, Utah, originally conveyed to A true sweet spot in the heart of an monthly meetings, as they the Mount Olivet Cemetery Association island community as well as the hearts brainstormed strategies to persuade under the Act of January 23, 1909. of chocolate lovers worldwide, Black the VA how important it was to create f Dinah Chocolatiers is a prime example a vet center in eastern Oregon. Almost of a Maine small business that seeks to EXECUTIVE AND OTHER a year ago we finally achieved that be a profitable venture and a good COMMUNICATIONS goal, and the Central Oregon Vet Cen- neighbor. I commend its founders, Kate The following communications were ter is now open for service. It is a place and Steve Shaffer, for their ingenuity laid before the Senate, together with where combat veterans can get coun- in creating this thriving and viable accompanying papers, reports, and doc- seling and, just as importantly, find a business, as well as for their commit- uments, and were referred as indicated: ment and dedication to helping grow community of people who have a com- mon experience as warriors for the EC–5817. A communication from the Para- their local economy, and I wish them legal Specialist, Federal Aviation Adminis- the sweetest success in the future.∑ United States. tration, Department of Transportation, Thank you, Mike, for your friend- f transmitting, pursuant to law, the report of ship, your dedication, and your service a rule entitled ‘‘Standard Instrument Ap- TRIBUTE TO MIKE BARKER to our veterans.∑ proach Procedures (21); Amdt. No. 3369’’ ∑ Mr. WYDEN. Mr. President, this f (RIN2120–AA65) received in the Office of the week in Bend, OR, the community will President of the Senate on May 7, 2010; to the MESSAGES FROM THE PRESIDENT Committee on Commerce, Science, and be honoring one of the great advocates Transportation. for Oregon’s veterans, Mike ‘‘Rocky’’ Messages from the President of the EC–5818. A communication from the Para- Barker. Mike has been an incredible United States were communicated to legal Specialist, Federal Aviation Adminis- partner to me and my staff as we have the Senate by Mrs. Neiman, one of his tration, Department of Transportation, worked to improve health and other secretaries. transmitting, pursuant to law, the report of services for central Oregon’s military f a rule entitled ‘‘Airworthiness Directives; veterans. The Boeing Company Model 737–600, –700, Mike’s incredible service to our Na- EXECUTIVE MESSAGES REFERRED –700C, –800, –900, and –900ER Series Air- tion began with 8 years in the U.S. Air As in executive session the Presiding planes’’ ((RIN2120–AA64)(Docket No. FAA– Force as an air traffic controller. He 2010–0430)) received in the Office of the Presi- Officer laid before the Senate messages dent of the Senate on May 7, 2010; to the went on to a career with the FAA at from the President of the United Committee on Commerce, Science, and the Butte, MT, Flight Service Station States submitting sundry nominations Transportation. and then moved to central Oregon and a treaty which were referred to the EC–5819. A communication from the Para- where he ran the Disabled Veterans appropriate committees. legal Specialist, Federal Aviation Adminis- Outreach Program. In that post he be- (The nominations received today are tration, Department of Transportation, came nationally recognized as the VA’s printed at the end of the Senate pro- transmitting, pursuant to law, the report of top service officer for 1999, and shortly ceedings.) a rule entitled ‘‘Airworthiness Directives; thereafter he received similar national The Boeing Company Model 747–200B Series f Airplanes’’ ((RIN2120–AA64)(Docket No. recognition from the VFW. MESSAGE FROM THE HOUSE FAA–2010–0381)) received in the Office of the Always looking for ways to help vet- President of the Senate on May 7, 2010; to the erans in need, Mike ran the incarcer- At 10:57 a.m., a message from the Committee on Commerce, Science, and ated vet program for a number of House of Representatives, delivered by Transportation. years. During his leadership, more than Ms. Niland, one of its reading clerks, EC–5820. A communication from the Para- 95 percent of the veterans who came announced that the House has passed legal Specialist, Federal Aviation Adminis- through his program stayed out of pris- tration, Department of Transportation, the following bills, without amend- transmitting, pursuant to law, the report of on. ment: He retired in 2003, and the hallmark a rule entitled ‘‘Airworthiness Directives; S. 1067. An act to support stabilization and Bombardier, Inc. Model CL–600–2B19 (Re- of his career from 1970 to the present— lasting peace in northern Uganda and areas gional Jet Series 100 & 440) Airplanes’’ whether as a professional or as a volun- affected by the Lord’s Resistance Army ((RIN2120–AA64)(Docket No. FAA–2009–0525)) teer—has been his insight and leader- through development of a regional strategy received in the Office of the President of the ship on issues that matter to military to support multilateral efforts to success- Senate on May 7, 2010; to the Committee on veterans. fully protect civilians and eliminate the Commerce, Science, and Transportation.

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.061 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3714 CONGRESSIONAL RECORD — SENATE May 13, 2010 EC–5821. A communication from the Para- tration, Department of Transportation, Programs, National Marine Fisheries Serv- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of ice, Department of Commerce, transmitting, tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of General Electric Company (GE) CF34–1A, ‘‘Fisheries of the Caribbean, Gulf of Mexico, a rule entitled ‘‘Airworthiness Directives; CF34–3A, and CF34–3B Series Turbofan En- and South Atlantic; Reef Fish Fishery of the Bombardier, Inc. Model DHC–8–400 Series gines; Correction’’ ((RIN2120–AA64)(Docket Gulf of Mexico; Red Snapper Management Airplanes’’ ((RIN2120–AA64)(Docket No. No. FAA–2009–0328)) received in the Office of Measures’’ (RIN0648–AY57) received in the FAA–2010–0431)) received in the Office of the the President of the Senate on May 7, 2010; to Office of the President of the Senate on May President of the Senate on May 7, 2010; to the the Committee on Commerce, Science, and 12, 2010; to the Committee on Commerce, Committee on Commerce, Science, and Transportation. Science, and Transportation. Transportation. EC–5829. A communication from the Para- EC–5837. A communication from the Dep- EC–5822. A communication from the Para- legal Specialist, Federal Aviation Adminis- uty Chief Financial Officer, Department of legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, Homeland Security, transmitting, pursuant tration, Department of Transportation, transmitting, pursuant to law, the report of to law, a report relative to the transfer of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; funds from the Oil Spill Liability Trust Fund a rule entitled ‘‘Airworthiness Directives; Turbomeca Makila 2A Turboshaft Engines’’ to the Emergency Fund, which is adminis- Bombardier, Inc., Model CL–600–2C10 (Re- ((RIN2120–AA64)(Docket No. FAA–2010–0411)) tered by the United States Coast Guard; to gional Jet Series 700, 701 & 702), CL–600–2D15 received in the Office of the President of the the Committee on Commerce, Science, and (Regional Jet Series 705), and CL–600–2D24 Senate on May 7, 2010; to the Committee on Transportation. (Regional Jet Series 900) Airplanes’’ Commerce, Science, and Transportation. EC–5838. A communication from the Sec- ((RIN2120–AA64)(Docket No. FAA–2009–1111)) EC–5830. A communication from the Para- retary of Transportation, transmitting, pur- received in the Office of the President of the legal Specialist, Federal Aviation Adminis- suant to law, an annual report relative to Senate on May 7, 2010; to the Committee on tration, Department of Transportation, the regulatory status of each recommenda- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of tion on the National Transportation Safety EC–5823. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Board’s Most Wanted List; to the Committee legal Specialist, Federal Aviation Adminis- General Electric Company (GE) CJ610 Series on Commerce, Science, and Transportation. tration, Department of Transportation, Turbojet Engines and CF700 Series Turbofan EC–5839. A communication from the Direc- transmitting, pursuant to law, the report of Engines’’ ((RIN2120–AA64)(Docket No. FAA– tor of the Regulatory Management Division, a rule entitled ‘‘Airworthiness Directives; 2009–0502)) received in the Office of the Presi- Office of Policy, Economics, and Innovation, British Aerospace Regional Aircraft Model dent of the Senate on May 7, 2010; to the Environmental Protection Agency, transmit- Jetstream Series 3101 and Jetstream Model Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- 3201 Airplanes’’ ((RIN2120–AA64)(Docket No. Transportation. titled ‘‘Flutriafol; Pesticide Tolerances’’ EC–5831. A communication from the Para- FAA–2010–0123)) received in the Office of the (FRL No. 8812–6) received in the Office of the legal Specialist, Federal Aviation Adminis- President of the Senate on May 7, 2010; to the President of the Senate on May 11, 2010; to tration, Department of Transportation, Committee on Commerce, Science, and the Committee on Agriculture, Nutrition, transmitting, pursuant to law, the report of Transportation. and Forestry. EC–5824. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; EC–5840. A communication from the Direc- legal Specialist, Federal Aviation Adminis- Liberty Aerospace Incorporated Model XL–2 tor of the Regulatory Management Division, Airplanes’’ ((RIN2120–AA64)(Docket No. tration, Department of Transportation, Office of Policy, Economics, and Innovation, FAA–2009–0329)) received in the Office of the transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- President of the Senate on May 7, 2010; to the a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- Committee on Commerce, Science, and Eurocopter France (ECF) Model EC120B Heli- titled ‘‘Fluazinam; Pesticide Tolerances’’ copters’’ ((RIN2120–AA64)(Docket No. FAA– Transportation. EC–5832. A communication from the Acting (FRL No. 8824–5) received in the Office of the 2010–0410)) received in the Office of the Presi- Director of Sustainable Fisheries, National President of the Senate on May 11, 2010; to dent of the Senate on May 7, 2010; to the Marine Fisheries Service, Department of the Committee on Agriculture, Nutrition, Committee on Commerce, Science, and Commerce, transmitting, pursuant to law, and Forestry. Transportation. the report of a rule entitled ‘‘Fisheries of the EC–5841. A communication from the Direc- EC–5825. A communication from the Para- Exclusive Economic Zone Off Alaska; Pacific tor of the Regulatory Management Division, legal Specialist, Federal Aviation Adminis- Cod in the Bering Sea and Aleutian Islands’’ Office of Policy, Economics, and Innovation, tration, Department of Transportation, (RIN0648–XV79) received in the Office of the Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of President of the Senate on May 11, 2010; to ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and titled ‘‘Clethodim; Pesticide Tolerances’’ Eurocopter France Model AS350B, BA, B1, Transportation. (FRL No. 8822–7) received in the Office of the B2, B3, C, D, and D1; AS 355E, F, F1, F2, N, EC–5833. A communication from the Acting President of the Senate on May 11, 2010; to and NP Helicopters’’ ((RIN2120–AA64)(Docket Director of Sustainable Fisheries, National the Committee on Agriculture, Nutrition, No. FAA–2010–0356)) received in the Office of Marine Fisheries Service, Department of and Forestry. the President of the Senate on May 7, 2010; to Commerce, transmitting, pursuant to law, EC–5842. A communication from the Sec- the Committee on Commerce, Science, and the report of a rule entitled ‘‘Fisheries of the retary of the American Battle Monuments Transportation. Exclusive Economic Zone Off Alaska; Re- Commission, transmitting, pursuant to law, EC–5826. A communication from the Para- allocation of Pacific Cod in the Bering Sea a report relative to a violation of the legal Specialist, Federal Aviation Adminis- and Aleutian Islands Management Area’’ Antideficiency Act that occurred within the tration, Department of Transportation, (RIN0648–XV78) received in the Office of the Commission and was reported in the Govern- transmitting, pursuant to law, the report of President of the Senate on May 11, 2010; to ment Accountability Office report, GAO–10– a rule entitled ‘‘Airworthiness Directives; the Committee on Commerce, Science, and 399; to the Committee on Appropriations. Honeywell International Inc., Primus EPIC Transportation. EC–5843. A communication from the Assist- and Primus APEX Flight Management Sys- EC–5834. A communication from the Acting ant Secretary of Defense (Health Affairs), tems, Installed on, but not Limited to, Director of Sustainable Fisheries, National Department of Defense, transmitting, pursu- Empresa Brasileira de Aeronautica S.A. Marine Fisheries Service, Department of ant to law, a report relative to mental (EMBRAER) Model ERJ 170 and ERJ 190 Air- Commerce, transmitting, pursuant to law, health counselors practicing independently planes, and Pilatus Aircraft Ltd. Model PC– the report of a rule entitled ‘‘Fisheries of the under the TRICARE program; to the Com- 12/47E Airplanes’’ ((RIN2120–AA64)(Docket Exclusive Economic Zone Off Alaska; Pol- mittee on Armed Services. No. FAA–2010–0385)) received in the Office of lock in Statistical Area 610 in the Gulf of EC–5844. A communication from the Under the President of the Senate on May 7, 2010; to Alaska’’ (RIN0648–XV80) received in the Of- Secretary of Defense (Personnel and Readi- the Committee on Commerce, Science, and fice of the President of the Senate on May 12, ness), Department of Defense, transmitting, Transportation. 2010; to the Committee on Commerce, pursuant to law, a report relative to the dis- EC–5827. A communication from the Para- Science, and Transportation. position of remains; to the Committee on legal Specialist, Federal Aviation Adminis- EC–5835. A communication from the Acting Armed Services. tration, Department of Transportation, Director of Sustainable Fisheries, National EC–5845. A communication from the Acting transmitting, pursuant to law, the report of Marine Fisheries Service, Department of Assistant Secretary, Bureau of Legislative a rule entitled ‘‘Airworthiness Directives; Commerce, transmitting, pursuant to law, Affairs, Department of State, transmitting, Piaggio Aero Industries S.p.A. Model the report of a rule entitled ‘‘Fisheries of the pursuant to law, a report relative to current PIAGGIO P–180 Airplanes’’ ((RIN2120– Northeastern United States; Summer Floun- military, diplomatic, political, and economic AA64)(Docket No. FAA–2010–0124)) received der Fishery; Quota Transfer’’ (RIN0648–XV91) measures that are being or have been under- in the Office of the President of the Senate received in the Office of the President of the taken to complete our mission in Iraq suc- on May 7, 2010; to the Committee on Com- Senate on May 12, 2010; to the Committee on cessfully; to the Committee on Armed Serv- merce, Science, and Transportation. Commerce, Science, and Transportation. ices. EC–5828. A communication from the Para- EC–5836. A communication from the Dep- EC–5846. A communication from the Chief legal Specialist, Federal Aviation Adminis- uty Assistant Administrator for Regulatory Counsel, Federal Emergency Management

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.053 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3715 Agency, Department of Homeland Security, and Renewable Energy, Department of En- Relating to Dependent Coverage of Children transmitting, pursuant to law, the report of ergy, transmitting, pursuant to law, the re- to Age 26 under the Patient Protection and a rule entitled ‘‘Final Flood Elevation Deter- port of a rule entitled ‘‘Energy Conservation Affordable Care Act’’ (RIN0991–AB66) re- minations (75 FR 22699)’’ ((44 CFR Part Program: Energy Conservation Standards for ceived in the Office of the President of the 67)(Docket No. FEMA–2010–0003)) received in Residential Water Heaters, Direct Heating Senate on May 11, 2010; to the Committee on the Office of the President of the Senate on Equipment, and Pool Heaters’’ (RIN1904– Health, Education, Labor, and Pensions. May 12, 2010; to the Committee on Banking, AA90) received in the Office of the President EC–5864. A communication from the Direc- Housing, and Urban Affairs. of the Senate on May 11, 2010; to the Com- tor of the Regulatory Review Group, Farm EC–5847. A communication from the Chief mittee on Energy and Natural Resources. Service Agency, Department of Agriculture, Counsel, Federal Emergency Management EC–5856. A communication from the Gen- transmitting, pursuant to law, the report of Agency, Department of Homeland Security, eral Counsel, Federal Energy Regulatory a rule entitled ‘‘Livestock Forage Disaster transmitting, pursuant to law, the report of Commission, transmitting, pursuant to law, Program and Emergency Assistance for Live- a rule entitled ‘‘Final Flood Elevation Deter- the report of a rule entitled ‘‘Standards for stock, Honeybees, and Farm-Raised Fish; minations (75 FR 23593)’’ ((44 CFR Part 65) Business Practices and Communication Pro- Supplemental Agricultural Disaster Assist- (Docket No. FEMA–2010–0003)) received in the tocols for Public Utilities; Final Rule’’ ance’’ (RIN0560–AH94) received in the Office Office of the President of the Senate on May (FERC Docket No. RM05–5–017) received in of the President of the Senate on May 13, 12, 2010; to the Committee on Banking, Hous- the Office of the President of the Senate on 2010; to the Committee on Agriculture, Nu- ing, and Urban Affairs. May 12, 2010; to the Committee on Energy trition, and Forestry. EC–5848. A communication from the Chief and Natural Resources. EC–5865. A communication from the Sec- Counsel, Federal Emergency Management EC–5857. A communication from the Assist- retary of the Senate, transmitting, pursuant Agency, Department of Homeland Security, ant Secretary for Insular Affairs, Depart- to law, the report of the receipts and expend- transmitting, pursuant to law, the report of ment of the Interior, transmitting, pursuant itures of the Senate for the period from Oc- a rule entitled ‘‘Final Flood Elevation Deter- to law, a report entitled ‘‘Report on the tober 1, 2009 through March 31, 2010, received minations (75 FR 23595)’’ ((44 CFR Part 67) Alien Worker Population in the Common- in the Office of the President of the Senate (Docket No. FEMA–2010–0003)) received in the wealth of the Northern Mariana Islands’’; to on May 13, 2010; ordered to lie on the table. Office of the President of the Senate on May the Committee on Energy and Natural Re- 12, 2010; to the Committee on Banking, Hous- sources. f ing, and Urban Affairs. EC–5858. A communication from the Sec- REPORTS OF COMMITTEES EC–5849. A communication from the Chief retary of Energy, transmitting, pursuant to Counsel, Federal Emergency Management law, a report entitled ‘‘MOX Fuel Fabrica- The following reports of committees Agency, Department of Homeland Security, tion Facility Construction and Operations were submitted: transmitting, pursuant to law, the report of Report to Congress; April 30, 2010’’; to the By Mr. KERRY, from the Committee on a rule entitled ‘‘Final Flood Elevation Deter- Committee on Energy and Natural Re- Foreign Relations, with an amendment in minations (75 FR 23600)’’ ((44 CFR Part 67) sources. the nature of a substitute: EC–5859. A communication from the Direc- (Docket No. FEMA–2010–0003)) received in the S. 624. A bill to provide 100,000,000 people tor of the Regulatory Management Division, Office of the President of the Senate on May with first—time access to safe drinking Office of Policy, Economics, and Innovation, 12, 2010; to the Committee on Banking, Hous- water and sanitation on a sustainable basis Environmental Protection Agency, transmit- ing, and Urban Affairs. by 2015 by improving the capacity of the ting, pursuant to law, the report of a rule en- EC–5850. A communication from the Chief United States Government to fully imple- titled ‘‘Approval and Promulgation of Air Counsel, Federal Emergency Management ment the Senator Paul Simon Water for the Quality Implementation Plans; Texas; Revi- Agency, Department of Homeland Security, Poor Act of 2005 (Rept. No. 111—185). sions to the Discrete Emission Credit Bank- transmitting, pursuant to law, the report of S. 2839. A bill to amend the Torture Vic- ing and Trading Program’’ (FRL No. 9151–6) a rule entitled ‘‘Final Flood Elevation Deter- tims Relief Act of 1998 to authorize appro- received in the Office of the President of the minations (75 FR 23608)’’ ((44 CFR Part 67) priations to provide assistance for domestic Senate on May 12, 2010; to the Committee on (Docket No. FEMA–2010–0003)) received in the and foreign programs and centers for treat- Environment and Public Works. Office of the President of the Senate on May ment of victims of torture, and for other pur- EC–5860. A communication from the Direc- 12, 2010; to the Committee on Banking, Hous- poses (Rept. No. 111—186). tor of the Regulatory Management Division, ing, and Urban Affairs. By Mr. KOHL, from the Special Committee EC–5851. A communication from the Assist- Office of Policy, Economics, and Innovation, on Aging: ant Secretary for Export Administration, Environmental Protection Agency, transmit- Special Report entitled ‘‘Social Security Bureau of Industry and Security, Depart- ting, pursuant to law, the report of a rule en- Modernization: Options to Address Solvency ment of Commerce, transmitting, pursuant titled ‘‘Approval and Promulgation of Air and Benefit Adequacy’’ (Rept. No. 111—187). to law, the report of a rule entitled ‘‘Addi- Quality Implementation Plans; Texas; Revi- tion to the List of Validated End-Users: Ad- sions to the Emission Credit Banking and f vanced Micro Devices China, Inc.’’ (RIN0694– Trading Program’’ (FRL No. 9151–5) received AE87) received in the Office of the President in the Office of the President of the Senate EXECUTIVE REPORTS OF of the Senate on May 12, 2010; to the Com- on May 12, 2010; to the Committee on Envi- COMMITTEES mittee on Banking, Housing, and Urban Af- ronment and Public Works. The following executive reports of EC–5861. A communication from the Direc- fairs. nominations were submitted: EC–5852. A communication from the Execu- tor of the Regulatory Management Division, tive Vice President and Chief Financial Offi- Office of Policy, Economics, and Innovation, By Mr. LEAHY for the Committee on the cer, Federal Home Loan Bank of Chicago, Environmental Protection Agency, transmit- Judiciary. transmitting, pursuant to law, the Bank’s ting, pursuant to law, the report of a rule en- Goodwin Liu, of California, to be United 2009 management reports; to the Committee titled ‘‘Final Determination to Approve Al- States Circuit Judge for the Ninth Circuit. on Banking, Housing, and Urban Affairs. ternative Final Cover Request for the Lake Raymond Joseph Lohier, Jr., of New York, EC–5853. A communication from the Gen- County, Montana Landfill’’ (FRL No. 9149–7) to be United States Circuit Judge for the eral Counsel of the Department of Housing received in the Office of the President of the Second Circuit. and Urban Development, transmitting, pur- Senate on May 11, 2010; to the Committee on Leonard Philip Stark, of Delaware, to be suant to law, a report relative to a vacancy Environment and Public Works. United States District Judge for the District in the position of Assistant Secretary for EC–5862. A communication from the Direc- of Delaware. Public Affairs, Department of Housing and tor of the Regulatory Management Division, Kerry Joseph Forestal, of Indiana, to be Urban Development; to the Committee on Office of Policy, Economics, and Innovation, United States Marshal for the Southern Dis- Banking, Housing, and Urban Affairs. Environmental Protection Agency, transmit- trict of Indiana for the term of four years. EC–5854. A communication from the Dep- ting, pursuant to law, the report of a rule en- John Dale Foster, of West Virginia, to be uty to the Chairman, Federal Deposit Insur- titled ‘‘Approval and Promulgation of Air United States Marshal for the Southern Dis- ance Corporation, transmitting, pursuant to Quality Implementation Plans; Reformu- trict of West Virginia for the term of four law, the report of a rule entitled ‘‘Final Rule lated Gasoline and Diesel Fuels; California’’ years. Regarding Limited Amendment of the Tem- (FRL No. 9112–7) received in the Office of the Gary Michael Gaskins, of West Virginia, to porary Liquidity Guarantee Program to Ex- President of the Senate on May 11, 2010; to be United States Marshal for the Northern tend the Transaction Account Guarantee the Committee on Environment and Public District of West Virginia for the term of four Program with Modified Fee Structure’’ Works. years. (RIN3064–AD37) received in the Office of the EC–5863. A communication from the Regu- Dallas Stephen Neville, of Wisconsin, to be President of the Senate on May 13, 2010; to lations Coordinator, Office of Consumer In- United States Marshal for the Western Dis- the Committee on Banking, Housing, and formation and Insurance Oversight, Depart- trict of Wisconsin for the term of four years. Urban Affairs. ment of Health and Human Services, trans- R. Booth Goodwin II, of West Virginia, to EC–5855. A communication from the Assist- mitting, pursuant to law, the report of a rule be United States Attorney for the Southern ant General Counsel for Legislation and En- entitled ‘‘Interim Final Rules for Group District of West Virginia for the term of four ergy Efficiency, Office of Energy Efficiency Health Plans and Health Insurance Issuers years.

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.054 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3716 CONGRESSIONAL RECORD — SENATE May 13, 2010 (Nominations without an asterisk MERKLEY, Mrs. MURRAY, and Mr. Committee on Environment and Public were reported with the recommenda- TESTER): Works. tion that they be confirmed.) S. 3364. A bill to amend the Energy Policy By Mr. VITTER (for himself, Mr. SES- and Conservation Act to establish the Office SIONS, Mr. WICKER, and Mr. f of Energy and Renewable Energy as the lead LEMIEUX): INTRODUCTION OF BILLS AND Federal agency for coordinating Federal, S. 3375. A bill to amend the Oil Pollution JOINT RESOLUTIONS State, and local assistance provided to pro- Act of 1990 to increase the cap on liability mote the energy retrofitting of schools; to for economic damages resulting from an oil The following bills and joint resolu- the Committee on Energy and Natural Re- spill, and for other purposes; to the Com- tions were introduced, read the first sources. mittee on Environment and Public Works. and second times by unanimous con- By Mr. WEBB: By Mrs. FEINSTEIN (for herself, Mr. sent, and referred as indicated: S. 3365. A bill to amend section 5542 of title KYL, Mr. SCHUMER, Mr. CORNYN, Mrs. 5, United States Code, to provide that any By Mr. FEINGOLD: BOXER, Mrs. HUTCHISON, Mr. BINGA- S. 3356. A bill to amend title 38, United hours worked by Federal firefighters under a MAN, Mr. MCCAIN, Mr. DURBIN, and States Code, to increase the maximum age qualified trade-of-time arrangement shall be Mr. CRAPO): for children eligible for medical care under excluded for purposes of determinations re- S. 3376. A bill to authorize to be appro- the CHAMPVA program, and for other pur- lating to overtime pay; to the Committee on priated $950,000,000 for each of the fiscal poses; to the Committee on Veterans’ Af- Homeland Security and Governmental Af- years 2012 through 2015 to carry out the fairs. fairs. State Criminal Alien Assistance Program; to By Mr. LAUTENBERG (for himself, By Mr. LAUTENBERG: the Committee on the Judiciary. S. 3366. A bill to prohibit individuals from Mr. BROWN of Ohio, Mrs. GILLIBRAND, carrying firearms in certain airports build- f Mr. WYDEN, Mr. WHITEHOUSE, Mrs. ings and airfields, and for other purposes; to FEINSTEIN, and Mr. FRANKEN): SUBMISSION OF CONCURRENT AND S. 3357. A bill to establish certain duties the Committee on Commerce, Science, and SENATE RESOLUTIONS for pharmacies to ensure provision of Food Transportation. and Drug Administration-approved contra- By Mr. AKAKA: The following concurrent resolutions ception, and for other purposes; to the Com- S. 3367. A bill to amend title 38, United and Senate resolutions were read, and mittee on Health, Education, Labor, and States Code, to increase the rate of pension referred (or acted upon), as indicated: Pensions. for disabled veterans who are married to one By Mr. KAUFMAN (for himself, Mr. By Mrs. BOXER (for herself, Ms. CANT- another and both of whom require regular BARRASSO, Mr. BROWN of Ohio, Mr. WELL, Mrs. FEINSTEIN, Mr. MERKLEY, aid and attendance, and for other purposes; BURRIS, Mr. CARDIN, Mr. CARPER, Ms. Mr. WYDEN, and Mrs. MURRAY): to the Committee on Veterans’ Affairs. CANTWELL, Mr. CASEY, Mr. CORNYN, S. 3358. A bill to amend the Outer Conti- By Mr. AKAKA: Mr. DURBIN, Mr. ENZI, Mr. GREGG, S. 3368. A bill to amend title 38, United nental Shelf Lands Act to permanently pro- Mrs. HAGAN, Mr. ISAKSON, Mr. States Code, to authorize certain individuals hibit the conduct of offshore drilling on the LEMIEUX, Mr. LEVIN, Ms. MIKULSKI, to sign claims filed with the Secretary of outer Continental Shelf off the coast of Cali- Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. Veterans Affairs on behalf of claimants, and fornia, Oregon, and Washington; to the Com- SESSIONS, Mrs. SHAHEEN, Ms. SNOWE, for other purposes; to the Committee on Vet- mittee on Energy and Natural Resources. Ms. STABENOW, Mr. TESTER, Mr. WAR- erans’ Affairs. By Mr. THUNE (for himself, Mr. TEST- NER, Mr. WHITEHOUSE, and Mr. UDALL ER, and Ms. SNOWE): By Ms. MURKOWSKI: of New Mexico): S. 3359. A bill to amend title 38, United S. 3369. A bill to provide for the application S. Res. 524. A resolution supporting the States Code, to provide for annual cost-of- of the Recreation and Public Purposes Act to goals and ideals of National Stuttering living adjustments to be made automatically the Connell Lake area to enable the Ketch- Awareness Week 2010; considered and agreed by law each year in the rates of disability ikan Gateway Borough in Alaska to obtain to. compensation for veterans with service-con- land in the area in accordance with that Act; By Mr. LIEBERMAN (for himself, Mr. to the Committee on Energy and Natural Re- nected disabilities and the rates of depend- LEVIN, Mr. MCCAIN, Mr. KERRY, and sources. ency and indemnity compensation for sur- Mr. LUGAR): vivors of certain service-connected disabled By Mr. AKAKA: S. Res. 525. A resolution expressing sym- S. 3370. A bill to amend title 38, United veterans, and for other purposes; to the Com- pathy to the families of those killed in the States Code, to improve the process by which mittee on Veterans’ Affairs. sinking of the Republic of Korea Ship an individual files jointly for social security By Mr. KERRY: Cheonan, and solidarity with the Republic of S. 3360. A bill to establish a pilot program and dependency and indemnity compensa- Korea in the aftermath of this tragic inci- for police departments to use anonymous tion, and for other purposes; to the Com- dent; considered and agreed to. texts from citizens to augment their anony- mittee on Veterans’ Affairs. mous tip hotlines; to the Committee on the By Mrs. McCASKILL (for herself, Mr. f Judiciary. LIEBERMAN, and Ms. COLLINS): By Mr. BROWNBACK (for himself, Mrs. S. 3371. A bill to amend title 10, United ADDITIONAL COSPONSORS MURRAY, Mr. BOND, and Mr. ROB- States Code, to improve access to mental S. 46 health care counselors under the TRICARE ERTS): At the request of Mr. ENSIGN, the S. 3361. A bill to require the Secretary of program, and for other purposes; to the Com- Defense to take illegal subsidization into ac- mittee on Armed Services. name of the Senator from Louisiana count in evaluating proposals for contracts By Mrs. BOXER (for herself, Ms. MUR- (Mr. VITTER) was added as a cosponsor for major defense acquisition programs, and KOWSKI, Mrs. MURRAY, Ms. CANTWELL, of S. 46, a bill to amend title XVIII of for other purposes; to the Committee on Mr. NELSON of Florida, Mr. the Social Security Act to repeal the Armed Services. WHITEHOUSE, Mr. BEGICH, Mr. INHOFE, Medicare outpatient rehabilitation By Mr. SANDERS (for himself and Mrs. Ms. LANDRIEU, Mr. VITTER, Ms. therapy caps. BOXER): SNOWE, and Mr. COCHRAN): S. 504 S. 3362. A bill to amend the Clean Air Act S. 3372. A bill to modify the date on which to direct the Administrator of the Environ- the Administrator of the Environmental At the request of Mr. ROBERTS, the mental Protection Agency to provide com- Protection Agency and applicable States names of the Senator from Wyoming petitive grants to publicly funded schools to may require permits for discharges from cer- (Mr. BARRASSO), the Senator from Utah implement effective technologies to reduce tain vessels; to the Committee on Environ- (Mr. BENNETT), the Senator from Kan- air pollutants (as defined in section 302 of ment and Public Works. sas (Mr. BROWNBACK), the Senator from the Clean Air Act), including greenhouse gas By Mrs. BOXER: Kentucky (Mr. BUNNING), the Senator emissions, in accordance with that Act; to S. 3373. A bill to address the health and from Texas (Mr. CORNYN), the Senator the Committee on Environment and Public economic development impacts of nonattain- Works. ment of federally mandated air quality from Idaho (Mr. CRAPO), the Senator By Mr. CARDIN (for himself, Mr. standards in the San Joaquin Valley, Cali- from Connecticut (Mr. DODD), the Sen- CRAPO, Ms. MIKULSKI, and Mr. RISCH): fornia, by designating air quality empower- ator from Wyoming (Mr. ENZI), the S. 3363. A bill to amend the Water Re- ment zones; to the Committee on Environ- Senator from Iowa (Mr. GRASSLEY), the sources Research Act of 1984 to reauthorize ment and Public Works. Senator from Oklahoma (Mr. INHOFE), grants for and require applied water supply By Mr. LAUTENBERG: the Senator from Vermont (Mr. research regarding the water resources re- S. 3374. A bill to amend the Comprehensive LEAHY), the Senator from Idaho (Mr. search and technology institutes established Environmental Response, Compensation, and under that Act; to the Committee on Envi- Liability Act of 1980 to establish a grant pro- RISCH), the Senator from South Dakota ronment and Public Works. gram to revitalize brownfield sites for the (Mr. THUNE), the Senator from New By Mr. UDALL of Colorado (for him- purpose of locating renewable electricity Mexico (Mr. UDALL), and the Senator self, Ms. COLLINS, Mr. BURRIS, Mr. generation facilities on those sites; to the from Virginia (Mr. WARNER) were added

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.051 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3717 as cosponsors of S. 504, a bill to redes- allow importation of polar bear tro- S. 3201 ignate the Department of the Navy as phies taken in sport hunts in Canada At the request of Mr. UDALL of Colo- the Department of the Navy and Ma- before the date on which the polar bear rado, the name of the Senator from rine Corps. was determined to be a threatened spe- North Carolina (Mrs. HAGAN) was added S. 701 cies under the Endangered Species Act as a cosponsor of S. 3201, a bill to At the request of Mr. KERRY, the of 1973. amend title 10, United States Code, to name of the Senator from Maryland S. 1548 extend TRICARE coverage to certain (Mr. CARDIN) was added as a cosponsor At the request of Mr. BURR, the name dependents under the age of 26. of S. 701, a bill to amend title XVIII of of the Senator from Idaho (Mr. CRAPO) S. 3206 the Social Security Act to improve ac- was added as a cosponsor of S. 1548, a At the request of Mr. HARKIN, the cess of Medicare beneficiaries to intra- bill to improve research, diagnosis, and name of the Senator from Nevada (Mr. venous immune globulins (IVIG). treatment of musculoskeletal diseases, REID) was added as a cosponsor of S. S. 729 conditions, and injuries, to conduct a 3206, a bill to establish an Education longitudinal study on aging, and for Jobs Fund. At the request of Mr. DURBIN, the name of the Senator from Oregon (Mr. other purposes. S. 3266 At the request of Mr. SPECTER, his MERKLEY) was added as a cosponsor of S. 1605 S. 729, a bill to amend the Illegal Immi- At the request of Mr. SCHUMER, the name was added as a cosponsor of S. gration Reform and Immigrant Respon- name of the Senator from Florida (Mr. 3266, a bill to ensure the availability of sibility Act of 1996 to permit States to NELSON) was added as a cosponsor of S. loan guarantees for rural homeowners. determine State residency for higher 1605, a bill to amend the Internal Rev- S. 3295 education purposes and to authorize enue Code of 1986 to reform the rules At the request of Mr. SCHUMER, the the cancellation of removal and adjust- relating to fractional charitable dona- names of the Senator from South Da- ment of status of certain alien students tions of tangible personal property. kota (Mr. JOHNSON) and the Senator who are long-term United States resi- S. 1836 from Arkansas (Mrs. LINCOLN) were dents and who entered the United At the request of Mr. MCCAIN, the added as cosponsors of S. 3295, a bill to States as children, and for other pur- names of the Senator from Arizona amend the Federal Election Campaign poses. (Mr. KYL), the Senator from Kansas Act of 1971 to prohibit foreign influence (Mr. BROWNBACK), the Senator from Ne- in Federal elections, to prohibit gov- S. 987 vada (Mr. ENSIGN), and the Senator ernment contractors from making ex- At the request of Mr. DURBIN, the from Texas (Mr. CORNYN) were added as penditures with respect to such elec- name of the Senator from North Caro- cosponsors of S. 1836, a bill to prohibit tions, and to establish additional dis- lina (Mrs. HAGAN) was added as a co- the Federal Communications Commis- closure requirements with respect to sponsor of S. 987, a bill to protect girls sion from further regulating the Inter- spending in such elections, and for in developing countries through the net. other purposes. prevention of child marriage, and for S. 3305 other purposes. S. 2882 At the request of Mr. KERRY, the At the request of Mr. MENENDEZ, the S. 1055 names of the Senator from Oregon (Mr. name of the Senator from Oregon (Mr. At the request of Mrs. BOXER, the WYDEN) and the Senator from Illinois MERKLEY) was added as a cosponsor of name of the Senator from Virginia (Mr. (Mr. BURRIS) were added as cosponsors S. 3305, a bill to amend the Oil Pollu- WARNER) was added as a cosponsor of S. of S. 2882, a bill to amend the Internal tion Act of 1990 to require oil polluters 1055, a bill to grant the congressional Revenue Code of 1986 to modify the to pay the full cost of oil spills, and for gold medal, collectively, to the 100th rules relating to the treatment of indi- other purposes. Infantry Battalion and the 442nd Regi- viduals as independent contractors or S. 3311 mental Combat Team, United States employees, and for other purposes. At the request of Mr. KERRY, the Army, in recognition of their dedicated S. 2989 name of the Senator from North Caro- service during World War II. At the request of Ms. LANDRIEU, the lina (Mrs. HAGAN) was added as a co- S. 1072 name of the Senator from Michigan sponsor of S. 3311, a bill to improve and At the request of Mrs. LINCOLN, the (Ms. STABENOW) was added as a cospon- enhance the capabilities of the Depart- name of the Senator from North Caro- sor of S. 2989, a bill to improve the ment of Defense to prevent and respond lina (Mrs. HAGAN) was added as a co- Small Business Act, and for other pur- to sexual assault in the Armed Forces, sponsor of S. 1072, a bill to amend chap- poses. and for other purposes. ter 1606 of title 10, United States Code, S. 3065 S. 3335 to modify the basis utilized for annual At the request of Mr. LIEBERMAN, the At the request of Mr. COBURN, the adjustments in amounts of educational names of the Senator from Delaware names of the Senator from Utah (Mr. assistance for members of the Selected (Mr. KAUFMAN), the Senator from HATCH), the Senator from Tennessee Reserve. Washington (Mrs. MURRAY), the Sen- (Mr. ALEXANDER) and the Senator from S. 1312 ator from Rhode Island (Mr. Montana (Mr. TESTER) were added as At the request of Mr. ISAKSON, the WHITEHOUSE) and the Senator from cosponsors of S. 3335, a bill to require name of the Senator from Georgia (Mr. New Jersey (Mr. MENENDEZ) were added Congress to establish a unified and CHAMBLISS) was added as a cosponsor of as cosponsors of S. 3065, a bill to amend searchable database on a public website S. 1312, a bill to amend title XVIII of title 10, United States Code, to enhance for congressional earmarks as called the Social Security Act to provide for the readiness of the Armed Forces by for by the President in his 2010 State of coverage, as supplies associated with replacing the current policy con- the Union Address to Congress. the injection of insulin, of contain- cerning homosexuality in the Armed S. 3339 ment, removal, decontamination and Forces, referred to as ‘‘Don’t Ask, At the request of Mr. KERRY, the disposal of home-generated needles, sy- Don’t Tell’’, with a policy of non- name of the Senator from Vermont ringes, and other sharps through a discrimination on the basis of sexual (Mr. LEAHY) was added as a cosponsor sharps container, decontamination/de- orientation. of S. 3339, a bill to amend the Internal struction device, or sharps-by-mail pro- S. 3078 Revenue Code of 1986 to provide a re- gram or similar program under part D At the request of Mrs. FEINSTEIN, the duced rate of excise tax on beer pro- of the Medicare program. name of the Senator from New Jersey duced domestically by certain small S. 1395 (Mr. LAUTENBERG) was added as a co- producers. At the request of Mr. CRAPO, the sponsor of S. 3078, a bill to provide for S. 3341 name of the Senator from Nebraska the establishment of a Health Insur- At the request of Mr. CARDIN, the (Mr. JOHANNS) was added as a cospon- ance Rate Authority to establish limits name of the Senator from North Caro- sor of S. 1395, a bill to amend the Ma- on premium rating, and for other pur- lina (Mrs. HAGAN) was added as a co- rine Mammal Protection Act of 1972 to poses. sponsor of S. 3341, a bill to amend title

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.045 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3718 CONGRESSIONAL RECORD — SENATE May 13, 2010 5, United States Code, to extend eligi- 3217, an original bill to promote the fi- ing bailouts, to protect consumers bility for coverage under the Federal nancial stability of the United States from abusive financial services prac- Employees Health Benefits Program by improving accountability and trans- tices, and for other purposes. with respect to certain adult depend- parency in the financial system, to end AMENDMENT NO. 3887 ents of Federal employees and annu- ‘‘too big to fail’’, to protect the Amer- At the request of Mr. CARPER, the itants, in conformance with amend- ican taxpayer by ending bailouts, to name of the Senator from Wyoming ments made by the Patient Protection protect consumers from abusive finan- (Mr. ENZI) was added as a cosponsor of and Affordable Care Act. cial services practices, and for other amendment No. 3887 intended to be pro- S.J. RES. 29 purposes. posed to S. 3217, an original bill to pro- At the request of Mrs. FEINSTEIN, the AMENDMENT NO. 3823 mote the financial stability of the names of the Senator from Alaska (Mr. At the request of Mr. LEAHY, the United States by improving account- BEGICH), the Senator from Wisconsin name of the Senator from Vermont ability and transparency in the finan- (Mr. FEINGOLD) and the Senator from (Mr. SANDERS) was added as a cospon- cial system, to end ‘‘too big to fail’’, to Oregon (Mr. WYDEN) were added as co- sor of amendment No. 3823 proposed to protect the American taxpayer by end- sponsors of S.J. Res. 29, a joint resolu- S. 3217, an original bill to promote the ing bailouts, to protect consumers tion approving the renewal of import financial stability of the United States from abusive financial services prac- restrictions contained in the Burmese by improving accountability and trans- tices, and for other purposes. Freedom and Democracy Act of 2003. parency in the financial system, to end AMENDMENT NO. 3931 S.J. RES. 30 ‘‘too big to fail’’, to protect the Amer- At the request of Mr. MERKLEY, the At the request of Mr. ISAKSON, the ican taxpayer by ending bailouts, to name of the Senator from Washington names of the Senator from Nevada (Mr. protect consumers from abusive finan- (Mrs. MURRAY) was added as a cospon- ENSIGN), the Senator from Missouri cial services practices, and for other sor of amendment No. 3931 intended to (Mr. BOND) and the Senator from Texas purposes. be proposed to S. 3217, an original bill (Mr. CORNYN) were added as cosponsors AMENDMENT NO. 3860 to promote the financial stability of of S.J. Res. 30, a joint resolution pro- At the request of Mr. CARPER, the the United States by improving ac- viding for congressional disapproval name of the Senator from Wyoming countability and transparency in the under chapter 8 of title 5, United (Mr. ENZI) was added as a cosponsor of financial system, to end ‘‘too big to States Code, of the rule submitted by amendment No. 3860 intended to be pro- fail’’, to protect the American taxpayer the National Mediation Board relating posed to S. 3217, an original bill to pro- by ending bailouts, to protect con- to representation election procedures. mote the financial stability of the sumers from abusive financial services AMENDMENT NO. 3746 United States by improving account- practices, and for other purposes. At the request of Mr. WHITEHOUSE, ability and transparency in the finan- AMENDMENT NO. 3939 the name of the Senator from New cial system, to end ‘‘too big to fail’’, to At the request of Mrs. FEINSTEIN, the Mexico (Mr. UDALL) was added as a co- protect the American taxpayer by end- name of the Senator from Maine (Ms. sponsor of amendment No. 3746 pro- ing bailouts, to protect consumers COLLINS) was withdrawn as a cosponsor posed to S. 3217, an original bill to pro- from abusive financial services prac- of amendment No. 3939 intended to be mote the financial stability of the tices, and for other purposes. proposed to S. 3217, an original bill to United States by improving account- AMENDMENT NO. 3877 promote the financial stability of the ability and transparency in the finan- At the request of Mr. MENENDEZ, the United States by improving account- cial system, to end ‘‘too big to fail’’, to name of the Senator from Maine (Ms. ability and transparency in the finan- protect the American taxpayer by end- SNOWE) was added as a cosponsor of cial system, to end ‘‘too big to fail’’, to ing bailouts, to protect consumers amendment No. 3877 intended to be pro- protect the American taxpayer by end- from abusive financial services prac- posed to S. 3217, an original bill to pro- ing bailouts, to protect consumers tices, and for other purposes. mote the financial stability of the from abusive financial services prac- AMENDMENT NO. 3754 United States by improving account- tices, and for other purposes. At the request of Mrs. MURRAY, the ability and transparency in the finan- At the request of Mrs. FEINSTEIN, the name of the Senator from Maine (Ms. cial system, to end ‘‘too big to fail’’, to names of the Senator from Washington COLLINS) was added as a cosponsor of protect the American taxpayer by end- (Ms. CANTWELL) and the Senator from amendment No. 3754 intended to be pro- ing bailouts, to protect consumers Maine (Ms. SNOWE) were added as co- posed to S. 3217, an original bill to pro- from abusive financial services prac- sponsors of amendment No. 3939 in- mote the financial stability of the tices, and for other purposes. tended to be proposed to S. 3217, supra. United States by improving account- AMENDMENT NO. 3879 AMENDMENT NO. 3949 ability and transparency in the finan- At the request of Ms. COLLINS, the At the request of Mr. CARPER, the cial system, to end ‘‘too big to fail’’, to name of the Senator from Alaska (Ms. names of the Senator from North Caro- protect the American taxpayer by end- MURKOWSKI) was added as a cosponsor lina (Mr. BURR) and the Senator from ing bailouts, to protect consumers of amendment No. 3879 proposed to S. Wyoming (Mr. BARRASSO) were added from abusive financial services prac- 3217, an original bill to promote the fi- as cosponsors of amendment No. 3949 tices, and for other purposes. nancial stability of the United States intended to be proposed to S. 3217, an AMENDMENT NO. 3774 by improving accountability and trans- original bill to promote the financial At the request of Mr. LEMIEUX, the parency in the financial system, to end stability of the United States by im- name of the Senator from Washington ‘‘too big to fail’’, to protect the Amer- proving accountability and trans- (Ms. CANTWELL) was added as a cospon- ican taxpayer by ending bailouts, to parency in the financial system, to end sor of amendment No. 3774 proposed to protect consumers from abusive finan- ‘‘too big to fail’’, to protect the Amer- S. 3217, an original bill to promote the cial services practices, and for other ican taxpayer by ending bailouts, to financial stability of the United States purposes. protect consumers from abusive finan- by improving accountability and trans- AMENDMENT NO. 3883 cial services practices, and for other parency in the financial system, to end At the request of Ms. SNOWE, the purposes. ‘‘too big to fail’’, to protect the Amer- names of the Senator from New Jersey AMENDMENT NO. 3966 ican taxpayer by ending bailouts, to (Mr. MENENDEZ) and the Senator from At the request of Mr. GRASSLEY, the protect consumers from abusive finan- Minnesota (Mr. FRANKEN) were added name of the Senator from Ohio (Mr. cial services practices, and for other as cosponsors of amendment No. 3883 BROWN) was added as a cosponsor of purposes. proposed to S. 3217, an original bill to amendment No. 3966 intended to be pro- AMENDMENT NO. 3789 promote the financial stability of the posed to S. 3217, an original bill to pro- At the request of Mr. BROWNBACK, the United States by improving account- mote the financial stability of the name of the Senator from Alaska (Ms. ability and transparency in the finan- United States by improving account- MURKOWSKI) was added as a cosponsor cial system, to end ‘‘too big to fail’’, to ability and transparency in the finan- of amendment No. 3789 proposed to S. protect the American taxpayer by end- cial system, to end ‘‘too big to fail’’, to

VerDate Mar 15 2010 02:15 May 14, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.046 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3719 protect the American taxpayer by end- cial system, to end ‘‘too big to fail’’, to confused and they can better navigate ing bailouts, to protect consumers protect the American taxpayer by end- the existing federal programs and fi- from abusive financial services prac- ing bailouts, to protect consumers nancing options available to them. Put tices, and for other purposes. from abusive financial services prac- simply, it will streamline the Federal AMENDMENT NO. 3978 tices, and for other purposes. Government while still leaving deci- At the request of Mr. JOHNSON, the AMENDMENT NO. 4003 sions to the states, school boards and names of the Senator from Montana At the request of Mr. VITTER, the local officials to determine what is (Mr. TESTER) and the Senator from names of the Senator from Kansas (Mr. best for their schools. Ohio (Mr. BROWN) were added as co- ROBERTS), the Senator from Tennessee I have had a longstanding interest in sponsors of amendment No. 3978 in- (Mr. CORKER) and the Senator from energy efficiency technologies. These tended to be proposed to S. 3217, an Kansas (Mr. BROWNBACK) were added as technologies further our national goals original bill to promote the financial cosponsors of amendment No. 4003 in- of broad-based economic growth, envi- stability of the United States by im- tended to be proposed to S. 3217, an ronmental protection, national secu- proving accountability and trans- original bill to promote the financial rity, and economic competitiveness. parency in the financial system, to end stability of the United States by im- I have also been a long-time cham- ‘‘too big to fail’’, to protect the Amer- proving accountability and trans- pion of energy efficiency in our ican taxpayer by ending bailouts, to parency in the financial system, to end schools, introducing and co-sponsoring protect consumers from abusive finan- ‘‘too big to fail’’, to protect the Amer- many bills over the years in the House cial services practices, and for other ican taxpayer by ending bailouts, to of Representatives that promoted the purposes. protect consumers from abusive finan- efficient use of energy by our schools. AMENDMENT NO. 3980 cial services practices, and for other I have seen these energy efficient buildings first hand when traveling in At the request of Mr. CARDIN, the purposes. Colorado. It is good to see that there name of the Senator from Rhode Island f are schools in my state that are al- (Mr. WHITEHOUSE) was added as a co- STATEMENTS ON INTRODUCED ready incorporating this technology sponsor of amendment No. 3980 in- BILLS AND JOINT RESOLUTIONS tended to be proposed to S. 3217, an into their buildings. For example, the original bill to promote the financial By Mr. UDALL of Colorado (for Cherry Creek School District in Green- stability of the United States by im- himself, Ms. COLLINS, Mr. wood Village, CO, has incorporated day proving accountability and trans- BURRIS, Mr. MERKLEY, Mrs. lighting techniques and ice storage to parency in the financial system, to end MURRAY, and Mr. TESTER): cool the buildings during the day. Be- ‘‘too big to fail’’, to protect the Amer- S. 3364. A bill to amend the Energy cause of these innovative improve- ican taxpayer by ending bailouts, to Policy and Conservation Act to estab- ments, the school district has enjoyed protect consumers from abusive finan- lish the Office of Energy and Renew- significant cost savings. This is good cial services practices, and for other able Energy as the lead Federal agency news not just for Colorado students, purposes. for coordinating Federal, State, and but also for Colorado taxpayers. local assistance provided to promote In another example, Colorado’s AMENDMENT NO. 3985 the energy retrofitting of schools; to Poudre School District in Fort Collins, At the request of Mr. GRASSLEY, the the Committee on Energy and Natural CO, actively promotes sustainable de- name of the Senator from Missouri Resources. sign guidelines, calling it their ‘‘Ethic (Mrs. MCCASKILL) was added as a co- Mr. UDALL of Colorado. Mr. Presi- of Sustainability.’’ This program in- sponsor of amendment No. 3985 in- dent, today I am introducing a bipar- cludes an elementary school in Fort tended to be proposed to S. 3217, an tisan bill along with my colleague Sen- Collins that actually uses recycled blue original bill to promote the financial ator COLLINS entitled the Streamlining jeans as insulation for the school build- stability of the United States by im- Energy Efficiency for Schools Act of ings. This school has a ‘‘Truth Wall,’’ proving accountability and trans- 2010. This bill is designed to streamline an exposed cross-section where kids parency in the financial system, to end the Federal Government’s efforts to can see the denim at work, look at ‘‘too big to fail’’, to protect the Amer- improve the health and efficiency of pipes and electrical systems, and check ican taxpayer by ending bailouts, to our schools, while creating much-need- school energy use. protect consumers from abusive finan- ed jobs in the process. I hope that in passing this bill we cial services practices, and for other I am pleased that Senators BURRIS, will see more examples of these suc- purposes. MERKLEY and MURRAY are also joining cessful and creative projects across the AMENDMENT NO. 3989 us as original cosponsors of this bill. country—projects that will increase At the request of Mr. DURBIN, the For the past year I have been travel- the efficiency of our schools and teach names of the Senator from Vermont ling across Colorado as part of a work our students about the importance of (Mr. SANDERS), the Senator from Mary- force tour to talk directly to Colo- saving energy. land (Mr. CARDIN) and the Senator from radans and hear their innovative policy Through effective use of existing Rhode Island (Mr. WHITEHOUSE) were ideas to create jobs. These ongoing ef- Federal Government programs and fi- added as cosponsors of amendment No. forts help me identify ways the Federal nancing options, schools can reduce 3989 proposed to S. 3217, an original bill Government can help or is not as effec- costs and create jobs at the same time to promote the financial stability of tive as it can be in supporting eco- becoming more energy efficient. the United States by improving ac- nomic development and meeting our Though it is often overlooked, energy countability and transparency in the national energy goals. The Stream- efficiency is a huge job creator. Not financial system, to end ‘‘too big to lining Energy Efficiency for Schools only does it create jobs through the fail’’, to protect the American taxpayer Act of 2010 comes directly from visiting purchase and installation of efficient by ending bailouts, to protect con- with Coloradans. This bill is just one of materials, it frees up scarce school fi- sumers from abusive financial services several job-creation proposals devel- nances to retain teachers and impor- practices, and for other purposes. oped after I hosted an Energy Jobs tant programs. AMENDMENT NO. 3991 Summit in February in Colorado. What excites me most about this bill At the request of Mr. FRANKEN, the There are numerous Federal pro- is that it will create jobs for Americans names of the Senator from Michigan grams and funds already available to in every neighborhood where schools (Mr. LEVIN), the Senator from Oregon schools to help them become more en- improve their energy efficiency. Right (Mr. WYDEN) and the Senator from ergy efficient. However, schools face a now, creating jobs is priority one for Alaska (Mr. BEGICH) were added as co- morass of programs and agency offices all of us. sponsors of amendment No. 3991 pro- across the government and it is chal- But additionally, this bill helps re- posed to S. 3217, an original bill to pro- lenging for schools to take full advan- duce barriers to schools wishing to in- mote the financial stability of the tage of them. This bipartisan bill will corporate innovative energy efficiency United States by improving account- force the government to coordinate measures, and creates a simple, ability and transparency in the finan- their efforts so that schools are less streamlined structure to allow schools

VerDate Mar 15 2010 03:56 May 14, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.048 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3720 CONGRESSIONAL RECORD — SENATE May 13, 2010 to more effectively use existing Fed- SECTION 1. INCREASE IN RATE OF PENSION FOR ‘‘(2) If an individual has not attained the eral funds and programs—at a low cost. DISABLED VETERANS MARRIED TO age of 18 years, is mentally incompetent, or ONE ANOTHER AND BOTH OF WHOM These cutting edge actions—which we is physically unable to sign a form, a form REQUIRE REGULAR AID AND AT- filed under paragraph (1) for the individual TENDANCE. are all seeing across our states—are may be signed by a court appointed rep- (a) IN GENERAL.—Section 1521(f)(2) of title making government more efficient and resentative or a person who is responsible for 38, United States Code, is amended by strik- saving taxpayer dollars, a goal we all the care of the individual, including a spouse share. I urge my colleagues—of both ing ‘‘$8,911’’ and inserting ‘‘$31,305’’. or other relative. If the individual is in the (b) EFFECTIVE DATE.—The amendment care of an institution, the manager or prin- parties—to join me in supporting this made by subsection (a) shall take effect on cipal officer of the institution may sign the bipartisan legislation. the date of the enactment of this Act. form.’’; By Mr. AKAKA: By Mr. AKAKA: (2) in subsection (c)— (A) in paragraph (1)— S. 3367. A bill to amend title 38, S. 3368. A bill to amend title 38, (i) by inserting ‘‘, signs a form on behalf of United States Code, to increase the United States Code, to authorize cer- a person to apply for,’’ after ‘‘who applies rate of pension for disabled veterans tain individuals to sign claims filed for’’; and who are married to one another and with the Secretary of Veterans Affairs (ii) by inserting ‘‘, or TIN in the case that both of whom require regular aid and on behalf of claimants, and for other the person is not an individual,’’ after ‘‘of attendance, and for other purposes; to purposes; to the Committee on Vet- such person’’; and (B) in paragraph (2), by inserting ‘‘or TIN’’ the Committee on Veterans’ Affairs. erans’ Affairs. Mr. AKAKA. Mr. President, as Chair- after ‘‘social security number’’ each place it Mr. AKAKA. Mr. President, as Chair- appears; and man of the Senate Committee on Vet- man of the Senate Committee on Vet- (3) by adding at the end the following new erans’ Affairs, I introduce legislation erans’ Affairs, I introduce legislation subsection: today to correct an inequity which af- today that would give the Department ‘‘(d) In this section: fects a small number of couples where of Veterans Affairs the same authority ‘‘(1) The term ‘mentally incompetent’ with as the Social Security Administration respect to an individual means that the indi- both the husband and wife are wartime vidual lacks the mental capacity— veterans and each meets the criteria with respect to claimants who are un- able to complete applications for bene- ‘‘(A) to provide substantially accurate in- for VA pension with additional aid and formation needed to complete a form; or attendance benefits. Currently these fits without requiring assistance. ‘‘(B) to certify that the statements made couples receive annual benefits of Occasionally, claimants for VA bene- on a form are true and complete. $30,480. Under my bill, the annual fits are so disabled as to be incapable of ‘‘(2) The term ‘TIN’ has the meaning given amount would be increased by $825 to understanding the information on the the term in section 7701(a)(41) of the Internal $31,305. application form. VA lacks authority Revenue Code of 1986.’’. to authorize a court appointee or care- (b) APPLICABILITY.—The amendments made This measure would correct a mis- giver to sign an application form al- by subsection (a) shall apply with respect to take which occurred in 1998 with the claims filed on or after the date of the enact- lowing the adjudication of the claim to enactment of Public Law 105–178. Sec- ment of this Act. proceed. Without a signed application, tion 8206 of that law increased the aid the claim cannot proceed. By Mrs. FEINSTEIN (for herself, and attendance rates for veterans in re- The Social Security Administration ceipt of VA pension who were in need Mr. KYL, Mr. SCHUMER, Mr. has specific authority under the Social CORNYN, Mrs. BOXER, Mrs. of aid and attendance. Due to a draft- Security Act that permit an certain in- ing error, this increase was not pro- HUTCHISON, Mr. BINGAMAN, Mr. dividuals, such as court appointed rep- MCCAIN, Mr. DURBIN, and Mr. vided to couples where both members resentatives, to sign a claim form on were pension receipients in need of aid CRAPO): behalf of individuals unable to sign a S. 3376. A bill to authorize to be ap- and attendence. This bill would correct claim form. propriated $950,000,000 for each of the that mistake by bringing the pension My bill would extend the same au- fiscal years 2012 through 2015 to carry of a wartime veteran couple eligible for thority to the Department of Veterans out the State Criminal Alien Assist- pension and aid and attendance into Affairs, and would allow court ap- ance Program; to the Committee on conformity with what their peers re- pointed representatives and caregivers the Judiciary. ceive. of applicants for VA benefits and serv- Mrs. FEINSTEIN. Mr. President, I This is an appropriate result. Both ices, including institutional represent- rise to introduce a bill, the SCAAP Re- members of such couples served our atives, to sign application forms. This authorization Act, on behalf of myself Nation with honor. In their time of bill does not alter the responsibility of and Mr. KYL, to assist with alleviating need, they should not be short-changed VA to evaluate and appoint a fiduciary the costs of illegal immigration to by this mistake. Although only a small in cases where the beneficiary is deter- State and local governments by reau- number of veterans qualify for this mined to be incompetent to manage his thorizing the State Criminal Alien As- benefit, those who do so often pay large or her benefits. sistance Program, SCAAP, though 2015. amounts of money to receive care in I urge our colleagues to support this We are pleased to be joined today by nursing homes, assisted-living facili- bill so that unnecessary delays in the Senators SCHUMER, CORNYN, BOXER, ties, or at home. My bill would increase adjudication of these claims will be HUTCHISON, BINGAMAN, MCCAIN, DUR- the amounts paid so that each member avoided. BIN, and CRAPO. of the couple would have their service Mr. President, I ask unanimous con- I believe that immigration policy and taken into account in determining the sent that the text of the bill be printed control of our borders is exclusively a benefit level. in the RECORD. Federal responsibility. Yet many un- I urge our colleagues to support this There being no objection, the text of documented criminal aliens are housed bill so that all veterans who served the bill was ordered to be printed in in our State prisons and our county during wartime and are eligible for VA the RECORD, as follows: jails at a cost that rises into the hun- pension receive the same benefit pay- S. 3368 dred of millions of dollars. Understanding the expenses that ments and no member of a wartime Be it enacted by the Senate and House of Rep- States and localities bear, Congress en- veteran couple is shortchanged. resentatives of the United States of America in Congress assembled, acted the State Criminal Alien Assist- Mr. President, I ask unanimous con- ance Program, (SCAAP), in 1994 as part sent that the text of the bill be printed SECTION 1. AUTHORITY FOR CERTAIN INDIVID- UALS TO SIGN CLAIMS FILED WITH of the Violent Crime Control Act. The in the RECORD. SECRETARY OF VETERANS AFFAIRS program was designed to help reim- There being no objection, the text of ON BEHALF OF CLAIMANTS. burse States and localities for the costs the bill was ordered to be printed in (a) IN GENERAL.—Section 5101 of title 38, of incarcerating undocumented crimi- the RECORD, as follows: United States Code, is amended— (1) in subsection (a)— nal aliens. Under this program, States S. 3367 (A) by striking ‘‘A specific’’ and inserting can be reimbursed for costs for housing Be it enacted by the Senate and House of Rep- ‘‘(1) A specific’’; and undocumented aliens who are con- resentatives of the United States of America in (B) by adding at the end the following new victed of a felony or two or more mis- Congress assembled, paragraph: demeanors in violation of State or

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.044 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3721 local law and incarcerated for at least REED, Mr. RISCH, Mr. SESSIONS, Mrs. SENATE RESOLUTION 525—EX- 4 consecutive days. SHAHEEN, Ms. SNOWE, Ms. STABENOW, PRESSING SYMPATHY TO THE Over the years, Senator KYL and I Mr. TESTER, Mr. WARNER, Mr. FAMILIES OF THOSE KILLED IN have worked to increase Congressional WHITEHOUSE, and Mr. UDALL of New THE SINKING OF THE REPUBLIC funding of SCAAP. Last year, Congress Mexico) submitted the following reso- OF KOREA SHIP CHEONAN, AND appropriated 393 million dollars to lution; which was considered and SOLIDARITY WITH THE REPUB- SCAAP. While this is only a fraction of agreed to: LIC OF KOREA IN THE AFTER- the costs that States and localities S. RES. 524 MATH OF THIS TRAGIC INCIDENT bear for housing undocumented crimi- Whereas an estimated 3,000,000 Americans Mr. LIEBERMAN (for himself, Mr. nal aliens, even this level of funding is are affected by stuttering; LEVIN, Mr. MCCAIN, Mr. KERRY, and Mr. critical. Whereas stuttering is a communication LUGAR) submitted the following resolu- In 2009, undocumented aliens com- disorder experienced by children and adults tion; which was considered and agreed alike; prised approximately 11 percent of the to: inmates in California’s State prison Whereas individuals who stutter frequently S. RES. 525 system. This year, the State of Cali- experience embarrassment, anxiety about speaking, and physical tension in their fornia is expected to spend 970.3 million Whereas on March 26, 2010, the Republic of speech muscles; Korea Ship (ROKS) Cheonan was sunk by an dollars from the general fund on the in- Whereas many different types of stuttering external explosion in the vicinity of carceration of undocumented criminal exist, and the symptoms of stuttering can Baengnyeong Island, Republic of Korea; aliens. However, it is expected that range from mild to severe; Whereas of the 104 members of the crew of California will only receive reimburse- Whereas the cause of stuttering is un- the Republic of Korea Ship Cheonan, 46 were ment for 10 percent of its total costs. known, but research suggests stuttering may killed in this incident, including 6 lost at The State of California and its counties be genetic; sea; simply cannot afford to take on these Whereas stuttering commonly begins in Whereas on April 25, 2010, the Government children between the ages of 2 and 5; costs, which stretch already thin budg- of the Republic of Korea commenced a five- Whereas parents are encouraged to consult day period of mourning for these 46 sailors; ets. with pediatricians or qualified speech-lan- Whereas the Government of the Republic When the Federal Government does guage pathologists as soon as stuttering be- of Korea continues to lead an international not reimburse States and localities for comes apparent in a child in order to take investigation into the circumstances sur- the cost of incarcerating criminal advantage of early-intervention therapies; rounding the sinking of the Republic of aliens, it is at the expense of our local Whereas it is known that stuttering is Korea Ship Cheonan; educators, social services, and law en- not— Whereas the alliance between the United (1) a nervous disorder; States and the Republic of Korea has been a forcement. Insufficient SCAAP funding (2) the result of emotional problems; or forces localities to engage in the vital anchor for security and stability in (3) the fault of the individual who stutters Asia for more than 50 years; and ‘‘early release’’ of prisoners with mis- or the family of that individual; Whereas the United States and the Repub- demeanors as a cost saving measure Whereas a 2009 survey by the National lic of Korea are bound together by the shared and make cuts to other necessary pub- Stuttering Association found that— values of democracy and the rule of law: lic safety services. American commu- (1) 40 percent of adults and teenagers who Now, therefore, be it nities simply cannot afford to shoulder stutter feel that they have been denied a job, Resolved, That the Senate— the weight of our immigration policies. a promotion, or a school opportunity as a re- (1) expresses its sympathy and condolences sult of stuttering; and to the families and loved ones of the sailors I believe this legislation will reaffirm (2) 8 out of 10 children who stutter report the Federal government’s commitment of the Republic of Korea Ship (ROKS) being bullied or teased; Cheonan who were killed in action on March to working with States and localities Whereas many individuals who stutter do 26, 2010; to address their financial concerns. not have access to qualified speech-language (2) stands in solidarity with the people and Mr. President, I ask unanimous con- pathologists or helpful resources; the Government of the Republic of Korea in sent that the text of this bill be printed Whereas several treatments for stuttering the aftermath of this tragic incident; in the RECORD. exist that can help individuals who stutter (3) reaffirms its enduring commitment to There being no objection, the text of learn to speak more easily and gain con- the alliance between the Republic of Korea fidence in themselves and their ability to the bill was ordered to be printed in and the United States and to the security of communicate effectively; the Republic of Korea; the RECORD, as follows: Whereas organizations like the National (4) urges the continuing full cooperation S. 3376 Stuttering Association have been working and assistance of the United States Govern- Be it enacted by the Senate and House of Rep- for many years to raise awareness about ment in aiding the Government of the Re- resentatives of the United States of America in stuttering, the effect stuttering has on the public of Korea as it investigates the cause Congress assembled, lives of individuals who stutter, available of the sinking of the Republic of Korea Ship treatment options, and research being con- SECTION 1. SHORT TITLE. Cheonan; ducted to investigate the causes of stut- This Act may be cited as the ‘‘SCAAP Re- (5) urges the international community to tering; authorization Act’’. provide all necessary support to the Republic Whereas, on April 13, 1988, the President of of Korea as the Government of the Republic SEC. 2. EXTENSION OF AUTHORIZATION OF AP- the United States signed a proclamation des- of Korea investigates the sinking of the Re- PROPRIATIONS FOR THE STATE ignating the week of May 9 through 16 of CRIMINAL ALIEN ASSISTANCE PRO- public of Korea Ship Cheonan; and GRAM. that year as National Stuttering Awareness (6) further urges the international commu- Subparagraph (C) of section 241(i)(5) of the Week; nity to fully and faithfully implement all Immigration and Nationality Act (8 U.S.C. Whereas since 1988, individuals who stutter United Nations Security Council Resolutions 1231(i)(5)) is amended by striking ‘‘2011.’’ and and the families and friends of those individ- pertaining to security on the Korean Penin- inserting ‘‘2015.’’. uals, as well as medical practitioners, speech sula, including United Nations Security language pathologists, researchers, and oth- Council Resolution 1695 (2006), United Na- f ers have marked the second week of May as tions Security Council Resolution 1718 (2006), SUBMITTED RESOLUTIONS National Stuttering Awareness Week; and and United Nations Security Council Resolu- Whereas the goals of the National Stut- tion 1874 (2009). tering Awareness Week 2010 include increas- SENATE RESOLUTION 524—SUP- ing awareness among the people of the f PORTING THE GOALS AND United States about stuttering and edu- cating the people of the United States about IDEALS OF NATIONAL STUT- AMENDMENTS SUBMITTED AND ways to improve the lives of those who stut- PROPOSED ON MAY 12, 2010 TERING AWARENESS WEEK 2010 ter: Now, therefore, be it Mr. KAUFMAN (for himself, Mr. Resolved, That the Senate— SA 4005. Ms. COLLINS submitted an BARRASSO, Mr. BROWN of Ohio, Mr. (1) supports the goals and ideals of Na- amendment intended to be proposed to tional Stuttering Awareness Week 2010; and amendment SA 3754 submitted by Mrs. MUR- BURRIS, Mr. CARDIN, Mr. CARPER, Ms. (2) encourages all of the people of the RAY and intended to be proposed to the ANTWELL ASEY ORNYN C , Mr. C , Mr. C , Mr. United States to learn more about stuttering amendment SA 3739 proposed by Mr. REID DURBIN, Mr. ENZI, Mr. GREGG, Mrs. and ways to help individuals who stutter feel (for Mr. DODD (for himself and Mrs. LINCOLN)) HAGAN, Mr. ISAKSON, Mr. LEMIEUX, Mr. more confident and comfortable speaking to the bill S. 3217, supra; which was ordered LEVIN, Ms. MIKULSKI, Mr. PRYOR, Mr. with others. to lie on the table.

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.073 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3722 CONGRESSIONAL RECORD — SENATE May 13, 2010 AMENDMENTS SUBMITTED AND amendment intended to be proposed to SA 4031. Mr. CRAPO submitted an amend- PROPOSED amendment SA 3739 proposed by Mr. REID ment intended to be proposed to amendment (for Mr. DODD (for himself and Mrs. LINCOLN)) SA 3739 proposed by Mr. REID (for Mr. DODD SA 4006. Mr. PRYOR (for himself, Mr. ROB- to the bill S. 3217, supra; which was ordered (for himself and Mrs. LINCOLN)) to the bill S. ERTS, and Mr. BROWNBACK) submitted an to lie on the table. 3217, supra; which was ordered to lie on the amendment intended to be proposed to SA 4017. Mr. ENZI (for himself and Ms. table. amendment SA 3739 proposed by Mr. REID MURKOWSKI) submitted an amendment in- SA 4032. Mr. MCCAIN submitted an amend- (for Mr. DODD (for himself and Mrs. LINCOLN)) tended to be proposed to amendment SA 3739 ment intended to be proposed to amendment to the bill S. 3217, to promote the financial proposed by Mr. REID (for Mr. DODD (for him- SA 3823 proposed by Mr. LEAHY (for himself, stability of the United States by improving self and Mrs. LINCOLN)) to the bill S. 3217, Mr. DURBIN, Mr. ROCKEFELLER, Mr. SCHUMER, accountability and transparency in the fi- supra; which was ordered to lie on the table. Mrs. FEINSTEIN, Mr. SPECTER, Mr. nancial system, to end ‘‘too big to fail’’, to SA 4018. Mr. ENZI submitted an amend- WHITEHOUSE, Ms. CANTWELL, Mr. KAUFMAN, protect the American taxpayer by ending ment intended to be proposed to amendment Mrs. GILLIBRAND, Mr. WYDEN, Mr. BROWN of bailouts, to protect consumers from abusive SA 3739 proposed by Mr. REID (for Mr. DODD Ohio, Mr. LIEBERMAN, Mr. BURRIS, Mrs. financial services practices, and for other (for himself and Mrs. LINCOLN)) to the bill S. MCCASKILL, Mr. FRANKEN, Mr. BENNET, Mr. purposes; which was ordered to lie on the 3217, supra; which was ordered to lie on the FEINGOLD, Mr. LAUTENBERG, Mr. WEBB, Mrs. table. table. BOXER, and Ms. LANDRIEU) to the amendment SA 4007. Mr. CASEY submitted an amend- SA 4019. Mr. DODD (for Mr. WYDEN (for him- SA 3739 proposed by Mr. REID (for Mr. DODD ment intended to be proposed to amendment self, Mr. GRASSLEY, Mr. INHOFE, Mr. BENNET, (for himself and Mrs. LINCOLN)) to the bill S. SA 3739 proposed by Mr. REID (for Mr. DODD Mr. UDALL of Colorado, Mr. BROWN of Ohio, 3217, supra; which was ordered to lie on the (for himself and Mrs. LINCOLN)) to the bill S. Mr. MERKLEY, and Ms. COLLINS)) proposed an table. 3217, supra; which was ordered to lie on the amendment to amendment SA 3739 proposed SA 4033. Mr. BROWN of Massachusetts sub- table. by Mr. REID (for Mr. DODD (for himself and mitted an amendment intended to be pro- SA 4008. Mr. DORGAN (for himself, Mr. Mrs. LINCOLN)) to the bill S. 3217, supra. posed by him to the bill S. 3217, supra; which LEVIN, Ms. CANTWELL, Mr. FEINGOLD, Mr. SA 4020. Mr. CRAPO (for himself, Mr. was ordered to lie on the table. SANDERS, and Mr. KAUFMAN) submitted an GREGG, Mr. SHELBY, Mr. MCCAIN, Mr. VITTER, SA 4034. Mr. CORKER submitted an amend- amendment intended to be proposed to Mrs. HUTCHISON, and Mr. CORKER) submitted ment intended to be proposed to amendment amendment SA 3739 proposed by Mr. REID an amendment intended to be proposed by SA 3739 proposed by Mr. REID (for Mr. DODD (for Mr. DODD (for himself and Mrs. LINCOLN)) him to the bill S. 3217, supra; which was or- (for himself and Mrs. LINCOLN)) to the bill S. to the bill S. 3217, supra; which was ordered dered to lie on the table. 3217, supra; which was ordered to lie on the to lie on the table. SA 4021. Mr. GREGG submitted an amend- table. SA 4009. Ms. COLLINS submitted an ment intended to be proposed to amendment SA 4035. Mr. LEVIN (for himself and Mr. amendment intended to be proposed to SA 3739 proposed by Mr. REID (for Mr. DODD KAUFMAN) submitted an amendment in- amendment SA 3739 proposed by Mr. REID (for himself and Mrs. LINCOLN)) to the bill S. tended to be proposed to amendment SA 3739 (for Mr. DODD (for himself and Mrs. LINCOLN)) 3217, supra; which was ordered to lie on the proposed by Mr. REID (for Mr. DODD (for him- to the bill S. 3217, supra; which was ordered table. self and Mrs. LINCOLN)) to the bill S. 3217, to lie on the table. SA 4022. Mr. GREGG submitted an amend- supra; which was ordered to lie on the table. SA 4010. Mr. SHELBY submitted an amend- ment intended to be proposed to amendment SA 4036. Mr. BENNETT submitted an ment intended to be proposed to amendment SA 3739 proposed by Mr. REID (for Mr. DODD amendment intended to be proposed to SA 3739 proposed by Mr. REID (for Mr. DODD (for himself and Mrs. LINCOLN)) to the bill S. amendment SA 3739 proposed by Mr. REID (for himself and Mrs. LINCOLN)) to the bill S. 3217, supra; which was ordered to lie on the (for Mr. DODD (for himself and Mrs. LINCOLN)) 3217, supra; which was ordered to lie on the table. to the bill S. 3217, supra; which was ordered table. SA 4023. Mr. GREGG submitted an amend- to lie on the table. SA 4011. Mr. BURRIS submitted an amend- ment intended to be proposed to amendment SA 4037. Mr. BOND (for himself, Mr. WAR- ment intended to be proposed to amendment SA 3739 proposed by Mr. REID (for Mr. DODD NER, Mr. BROWN of Massachusetts, and Ms. SA 3739 proposed by Mr. REID (for Mr. DODD (for himself and Mrs. LINCOLN)) to the bill S. CANTWELL) submitted an amendment in- (for himself and Mrs. LINCOLN)) to the bill S. 3217, supra; which was ordered to lie on the tended to be proposed to amendment SA 3739 3217, supra; which was ordered to lie on the table. proposed by Mr. REID (for Mr. DODD (for him- table. SA 4024. Mr. GREGG submitted an amend- self and Mrs. LINCOLN)) to the bill S. 3217, SA 4012. Mrs. SHAHEEN (for herself, Mr. ment intended to be proposed to amendment supra; which was ordered to lie on the table. BROWN of Massachusetts, Mr. KERRY, Mr. SA 3739 proposed by Mr. REID (for Mr. DODD SA 4038. Mr. DORGAN (for Mr. DODD (for GREGG, and Mr. NELSON of Nebraska) sub- (for himself and Mrs. LINCOLN)) to the bill S. himself and Mr. ROCKEFELLER)) proposed an mitted an amendment intended to be pro- 3217, supra; which was ordered to lie on the amendment to the bill S. 2768, to amend title posed to amendment SA 3739 proposed by Mr. table. 49, United States Code, to authorize appro- REID (for Mr. DODD (for himself and Mrs. LIN- SA 4025. Mr. GREGG submitted an amend- priations for the National Transportation COLN)) to the bill S. 3217, supra; which was ment intended to be proposed to amendment Safety Board for fiscal years 2011 and 2012, ordered to lie on the table. SA 3739 proposed by Mr. REID (for Mr. DODD and for other purposes. SA 4013. Mrs. MCCASKILL submitted an (for himself and Mrs. LINCOLN)) to the bill S. SA 4039. Mr. DORGAN (for Mr. DODD (for amendment intended to be proposed to 3217, supra; which was ordered to lie on the himself and Mr. ROCKEFELLER)) proposed an amendment SA 3739 proposed by Mr. REID table. amendment to the bill S. 2768, supra. (for Mr. DODD (for himself and Mrs. LINCOLN)) SA 4026. Mr. REID submitted an amend- SA 4040. Mrs. MCCASKILL (for herself and to the bill S. 3217, supra; which was ordered ment intended to be proposed to amendment Mr. GRASSLEY) submitted an amendment in- to lie on the table. SA 3739 proposed by Mr. REID (for Mr. DODD tended to be proposed by her to the bill S. SA 4014. Mrs. MCCASKILL (for herself and (for himself and Mrs. LINCOLN)) to the bill S. 3217, to promote the financial stability of the Mr. KOHL) submitted an amendment in- 3217, supra; which was ordered to lie on the United States by improving accountability tended to be proposed to amendment SA 3739 table. and transparency in the financial system, to proposed by Mr. REID (for Mr. DODD (for him- SA 4027. Mrs. MCCASKILL submitted an self and Mrs. LINCOLN)) to the bill S. 3217, amendment intended to be proposed to end ‘‘too big to fail’’, to protect the Amer- ican taxpayer by ending bailouts, to protect supra; which was ordered to lie on the table. amendment SA 3739 proposed by Mr. REID consumers from abusive financial services SA 4015. Mr. VITTER submitted an amend- (for Mr. DODD (for himself and Mrs. LINCOLN)) ment intended to be proposed to amendment to the bill S. 3217, supra; which was ordered practices, and for other purposes; which was SA 3823 proposed by Mr. LEAHY (for himself, to lie on the table. ordered to lie on the table. Mr. DURBIN, Mr. ROCKEFELLER, Mr. SCHUMER, SA 4028. Mrs. MCCASKILL submitted an SA 4041. Mr. REED submitted an amend- Mrs. FEINSTEIN, Mr. SPECTER, Mr. amendment intended to be proposed to ment intended to be proposed to amendment WHITEHOUSE, MS. CANTWELL, Mr. KAUFMAN, amendment SA 3739 proposed by Mr. REID SA 3739 proposed by Mr. REID (for Mr. DODD Mrs. GILLIBRAND, Mr. WYDEN, Mr. BROWN of (for Mr. DODD (for himself and Mrs. LINCOLN)) (for himself and Mrs. LINCOLN)) to the bill S. Ohio, Mr. LIEBERMAN, Mr. BURRIS, Mrs. to the bill S. 3217, supra; which was ordered 3217, supra; which was ordered to lie on the MCCASKILL, Mr. FRANKEN, Mr. BENNET, Mr. to lie on the table. table. FEINGOLD, Mr. LAUTENBERG, Mr. WEBB, Mrs. SA 4029. Mr. CRAPO submitted an amend- BOXER, AND MS. LANDRIEU) to the amend- ment intended to be proposed to amendment f ment SA 3739 proposed by Mr. REID (for Mr. SA 3739 proposed by Mr. REID (for Mr. DODD DODD (for himself and Mrs. LINCOLN)) to the (for himself and Mrs. LINCOLN)) to the bill S. TEXT OF AMENDMENTS ON MAY bill S. 3217, supra; which was ordered to lie 3217, supra; which was ordered to lie on the 12, 2010 on the table. table. SA 4016. Mr. UDALL of Colorado (for him- SA 4030. Mr. CRAPO submitted an amend- SA 4005. Ms. COLLINS submitted an self, Mr. LUGAR, Mr . LAUTENBERG, Mr. BOND, ment intended to be proposed by him to the amendment intended to be proposed to Mr. BEGICH, Mr. SCHUMER, Mr. LEVIN, and bill S. 3217, supra; which was ordered to lie amendment SA 3754 submitted by Mrs. Mr. BROWN of Massachusetts) submitted an on the table. MURRAY and intended to be proposed to

VerDate Mar 15 2010 04:50 May 14, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.059 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3723 the amendment SA 3739 proposed by (5) OFFICE OF FINANCIAL RESEARCH.—The ducted in accordance with this section in Mr. REID (for Mr. DODD (for himself and term ‘‘Office of Financial Research’’ means connection with a subprime mortgage to the Mrs. LINCOLN)) to the bill S. 3217, to the office established under section 152. applicant without charge, and at least 3 days promote the financial stability of the (6) SIGNIFICANT INSTITUTIONS.—The terms prior to the transaction closing date. ‘‘significant nonbank financial company’’ ‘‘(d) CONSUMER NOTIFICATION.—At the time United States by improving account- and ‘‘significant bank holding company’’ of the initial mortgage application, the ap- ability and transparency in the finan- have the meanings given those terms by rule plicant shall be provided with a statement cial system, to end ‘‘too big to fail’’, to of the Board of Governors. by the creditor that any appraisal prepared protect the American taxpayer by end- (b) FOREIGN NONBANK FINANCIAL COMPA- for the mortgage is for the sole use of the ing bailouts, to protect consumers NIES.— creditor, and that the applicant may choose from abusive financial services prac- to have a separate appraisal conducted at SA 4007. Mr. CASEY submitted an tices, and for other purposes; which their own expense. amendment intended to be proposed to ‘‘(e) VIOLATIONS.—In addition to any other was ordered to lie on the table; as fol- amendment SA 3739 proposed by Mr. liability to any person under this title, a lows: REID (for Mr. DODD (for himself and creditor found to have willfully failed to ob- On page 2, after line 21, add the following: Mrs. LINCOLN)) to the bill S. 3217, to tain an appraisal as required in this section (3) NO INDEPENDENT MEMBER OF THE COUN- promote the financial stability of the shall be liable to the applicant or borrower CIL.—Notwithstanding any other provision of for the sum of $2,000. this section, there shall not be an inde- United States by improving account- ‘‘(f) SUBPRIME MORTGAGE DEFINED.—For pendent member of the Council. ability and transparency in the finan- purposes of this section, the term ‘subprime cial system, to end ‘‘too big to fail’’, to mortgage’ means a residential mortgage f protect the American taxpayer by end- loan, other than a reverse mortgage loan in- TEXT OF AMENDMENTS ing bailouts, to protect consumers sured by the Federal Housing Administra- SA 4006. Mr. PRYOR (for himself, Mr. from abusive financial services prac- tion, secured by a principal dwelling with an annual percentage rate that exceeds the av- ROBERTS, and Mr. BROWNBACK) sub- tices, and for other purposes; which was ordered to lie on the table; as fol- erage prime offer rate for a comparable mitted an amendment intended to be transaction, as of the date the interest rate proposed to amendment SA 3739 pro- lows: is set— posed by Mr. REID (for Mr. DODD (for On page 1522, between lines 6 and 7, insert ‘‘(1) by 1.5 or more percentage points, in himself and Mrs. LINCOLN)) to the bill the following: the case of a first lien residential mortgage S. 3217, to promote the financial sta- Subtitle I—Appraisal Activities loan having an original principal obligation bility of the United States by improv- SEC. 1111. PROPERTY APPRAISAL REQUIRE- amount that does not exceed the amount of ing accountability and transparency in MENTS. the maximum limitation on the original (a) IN GENERAL.—Chapter 2 of the Truth in principal obligation of mortgage in effect for the financial system, to end ‘‘too big to Lending Act (15 U.S.C. 1631 et seq.) is amend- a residence of the applicable size, as of the fail’’, to protect the American taxpayer ed by inserting after 129B (as added by this date of such interest rate set, pursuant to by ending bailouts, to protect con- Act) the following new section: the sixth sentence of section 305(a)(2) the sumers from abusive financial services ‘‘SEC. 129C. PROPERTY APPRAISAL REQUIRE- Federal Home Loan Mortgage Corporation practices, and for other purposes; MENTS. Act (12 U.S.C. 1454(a)(2)); which was ordered to lie on the table; ‘‘(a) IN GENERAL.—A creditor may not ex- ‘‘(2) by 2.5 or more percentage points, in as follows: tend credit in the form of a subprime mort- the case of a first lien residential mortgage gage to any consumer without first obtain- loan having an original principal obligation On page 19, strike line 16 and all that fol- ing a written appraisal of the property to be amount that exceeds the amount of the max- lows through page 21, line 23 and insert the mortgaged prepared in accordance with the imum limitation on the original principal following: requirements of this section. obligation of mortgage in effect for a resi- (4) NONBANK FINANCIAL COMPANY DEFINI- ‘‘(b) APPRAISAL REQUIREMENTS.— dence of the applicable size, as of the date of TIONS.— ‘‘(1) PHYSICAL PROPERTY VISIT.—An ap- such interest rate set, pursuant to the sixth (A) FOREIGN NONBANK FINANCIAL COM- praisal of property to be secured by a sentence of section 305(a)(2) the Federal PANY.—The term ‘‘ ‘foreign nonbank finan- subprime mortgage does not meet the re- Home Loan Mortgage Corporation Act (12 cial company’ ’’ means a company (other quirement of this section unless it is per- U.S.C. 1454(a)(2)); and than a company that is, or is treated in the formed by a qualified appraiser who conducts ‘‘(3) by 3.5 or more percentage points for a United States as, a bank holding company or a physical property visit of the interior of subordinate lien residential mortgage loan.’’. a subsidiary thereof) that is— the mortgaged property. (b) CLERICAL AMENDMENT.—The table of (i) incorporated or organized in a country ‘‘(2) SECOND APPRAISAL UNDER CERTAIN CIR- sections for chapter 2 of the Truth in Lend- other than the United States; and CUMSTANCES.— ing Act is amended by inserting after the (ii) predominantly engaged (as defined in ‘‘(A) IN GENERAL.—If the purpose of a item relating to section 129B the following section 4(n) of the Bank Holding Company subprime mortgage is to finance the pur- new item: Act of 1956) in, including through a branch in chase or acquisition of the mortgaged prop- ‘‘129C. Property appraisal requirements.’’. the United States, activities in the United erty from a person within 180 days of the States that are financial in nature (as de- SEC. 1112. UNFAIR AND DECEPTIVE PRACTICES purchase or acquisition of such property by AND ACTS RELATING TO CERTAIN fined in section 4(k) of the Bank Holding that person at a price that was lower than CONSUMER CREDIT TRANSACTIONS. Company Act of 1956). the current sale price of the property, the (a) IN GENERAL.—Chapter 2 of the Truth in (B) U.S. NONBANK FINANCIAL COMPANY.—The creditor shall obtain a second appraisal from Lending Act (15 U.S.C. 1631 et seq.) is amend- term ‘‘ ‘U.S. nonbank financial company’ ’’ a different qualified appraiser. The second ed by inserting after section 129C (as added means a company (other than a bank holding appraisal shall include an analysis of the dif- by section 1111(a)) the following new section: company or a subsidiary thereof, or a Farm ference in sale prices, changes in market ‘‘SEC. 129D. UNFAIR AND DECEPTIVE PRACTICES Credit System institution chartered and sub- conditions, and any improvements made to AND ACTS RELATING TO CERTAIN ject to the provisions of the Farm Credit Act the property between the date of the pre- CONSUMER CREDIT TRANSACTIONS. of 1971 (12 U.S.C. 2001 et. seq.)) that is— vious sale and the current sale. ‘‘(a) IN GENERAL.—It shall be unlawful, in (i) incorporated or organized under the ‘‘(B) NO COST TO APPLICANT.—The cost of extending credit or in providing any services laws of the United States or any State; and any second appraisal required under subpara- for a consumer credit transaction secured by (ii) predominantly engaged (as defined in graph (A) may not be charged to the appli- the principal dwelling of the consumer, to section 4(n) of the Bank Holding Company cant. engage in any unfair or deceptive act or Act of 1956) in activities in the United States ‘‘(3) QUALIFIED APPRAISER DEFINED.—For practice as described in or pursuant to regu- that are financial in nature (as defined in purposes of this section, the term ‘qualified lations prescribed under this section. section 4(k) of the Bank Holding Company appraiser’ means a person who— ‘‘(b) APPRAISAL INDEPENDENCE.—For pur- Act of 1956). ‘‘(A) is, at a minimum, certified or licensed poses of subsection (a), unfair and deceptive (C) NONBANK FINANCIAL COMPANY.—The by the State in which the property to be ap- practices shall include— term ‘‘nonbank financial company’’ means a praised is located; and ‘‘(1) any appraisal of a property offered as U.S. nonbank financial company and a for- ‘‘(B) performs each appraisal in conformity security for repayment of the consumer cred- eign nonbank financial company. with the Uniform Standards of Professional it transaction that is conducted in connec- (D) NONBANK FINANCIAL COMPANY SUPER- Appraisal Practice and title XI of the Finan- tion with such transaction in which a person VISED BY THE BOARD OF GOVERNORS.—The cial Institutions Reform, Recovery, and En- with an interest in the underlying trans- term ‘‘nonbank financial company super- forcement Act of 1989, and the regulations action compensates, coerces, extorts, vised by the Board of Governors’’ means a prescribed under such title, as in effect on colludes, instructs, induces, bribes, or in- nonbank financial company that the Council the date of the appraisal. timidates a person conducting or involved in has determined under section 113 shall be su- ‘‘(c) FREE COPY OF APPRAISAL.—A creditor an appraisal, or attempts, to compensate, co- pervised by the Board of Governors. shall provide 1 copy of each appraisal con- erce, extort, collude, instruct, induce, bribe,

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.074 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3724 CONGRESSIONAL RECORD — SENATE May 13, 2010 or intimidate such a person, for the purpose principal dwelling of the consumer or mort- Institutions Reform, Recovery, and Enforce- of causing the appraised value assigned, gage brokerage services for such a trans- ment Act of 1989 (12 U.S.C. 3332(a)) is amend- under the appraisal, to the property to be action and defining any terms in this section ed at the end by inserting the following new based on any factor other than the inde- or such regulations; and paragraph: pendent judgment of the appraiser; ‘‘(2) may jointly issue interpretive guide- ‘‘(5) transmit an annual report to the Con- ‘‘(2) mischaracterizing, or suborning any lines and general statements of policy with gress not later than January 31 of each year mischaracterization of, the appraised value respect to unfair or deceptive acts or prac- that describes the manner in which each of the property securing the extension of the tices in the provision of mortgage lending function assigned to the Appraisal Sub- credit; services for a consumer credit transaction committee has been carried out during the ‘‘(3) seeking to influence an appraiser or secured by the principal dwelling of the con- preceding year. The report shall also detail otherwise to encourage a targeted value in sumer and mortgage brokerage services for the activities of the Appraisal Sub- order to facilitate the making or pricing of such a transaction, within the meaning of committee, including the results of all au- the transaction; and subsections (a), (b), (c), (d), (e), and (f). dits of State appraiser regulatory agencies, ‘‘(4) withholding or threatening to with- ‘‘(h) PENALTIES.— and provide an accounting of disapproved ac- hold timely payment for an appraisal report ‘‘(1) FIRST VIOLATION.—In addition to the tions and warnings taken in the previous or for appraisal services rendered. enforcement provisions referred to in section year, including a description of the condi- ‘‘(c) EXCEPTIONS.—The requirements of 130, each person who violates this section tions causing the disapproval and actions subsection (b) shall not be construed as pro- shall forfeit and pay a civil penalty of not taken to achieve compliance.’’. hibiting a mortgage lender, mortgage more than $10,000 for each day any such vio- (c) OPEN MEETINGS.—Section 1104(b) of the broker, mortgage banker, real estate broker, lation continues. Financial Institutions Reform, Recovery, appraisal management company, employee ‘‘(2) SUBSEQUENT VIOLATIONS.—In the case and Enforcement Act of 1989 (12 U.S.C. of an appraisal management company, con- of any person on whom a civil penalty has 3333(b)) is amended by inserting ‘‘in public sumer, or any other person with an interest been imposed under paragraph (1), paragraph session after notice in the Federal Register’’ in a real estate transaction from asking an (1) shall be applied by substituting ‘$20,000’ after ‘‘shall meet’’. (d) REGULATIONS.—Section 1106 of the Fi- appraiser to provide 1 or more of the fol- for ‘$10,000’ with respect to all subsequent nancial Institutions Reform, Recovery, and lowing services: violations. ‘‘(1) Consider additional, appropriate prop- Enforcement Act of 1989 (12 U.S.C. 3335) is ‘‘(3) ASSESSMENT.—The agency referred to amended— erty information, including the consider- in subsection (a) or (c) of section 108 with re- (1) by inserting ‘‘prescribe regulations ation of additional comparable properties to spect to any person described in paragraph after notice and opportunity for comment,’’ make or support an appraisal. (1) shall assess any penalty under this sub- after ‘‘hold hearings’’; and ‘‘(2) Provide further detail, substantiation, section to which such person is subject.’’. (2) at the end by inserting ‘‘Any regula- or explanation for the appraiser’s value con- (b) CLERICAL AMENDMENT.—The table of tions prescribed by the Appraisal Sub- clusion. sections for chapter 2 of the Truth in Lend- committee shall (unless otherwise provided ‘‘(3) Correct errors in the appraisal report. ing Act is amended by inserting after the in this title) be limited to the following ‘‘(d) PROHIBITIONS ON CONFLICTS OF INTER- item relating to section 129C the following functions: temporary practice, national reg- EST.—No certified or licensed appraiser con- new item: ducting, and no appraisal management com- istry, information sharing, and enforcement. ‘‘129D. Unfair and deceptive practices and pany procuring or facilitating, an appraisal For purposes of prescribing regulations, the acts relating to certain con- in connection with a consumer credit trans- Appraisal Subcommittee shall establish an sumer credit transactions.’’. action secured by the principal dwelling of a advisory committee of industry participants, consumer may have a direct or indirect in- SEC. 1113. AMENDMENTS RELATING TO AP- including appraisers, lenders, consumer ad- PRAISAL SUBCOMMITTEE OF FIEC, vocates, and government agencies, and hold terest, financial or otherwise, in the prop- APPRAISER INDEPENDENCE MONI- erty or transaction involving the appraisal. meetings as necessary to support the devel- TORING, APPROVED APPRAISER opment of regulations.’’. ‘‘(e) MANDATORY REPORTING.—Any mort- EDUCATION, APPRAISAL MANAGE- gage lender, mortgage broker, mortgage (e) APPRAISALS AND APPRAISAL REVIEWS.— MENT COMPANIES, APPRAISER COM- Section 1113 of the Financial Institutions Re- banker, real estate broker, appraisal man- PLAINT HOTLINE, AUTOMATED form, Recovery, and Enforcement Act of 1989 agement company, employee of an appraisal VALUATION MODELS, AND BROKER (12 U.S.C. 3342) is amended— management company, or any other person PRICE OPINIONS. (1) by striking ‘‘In determining’’ and in- involved in a real estate transaction involv- (a) CONSUMER PROTECTION MISSION.— serting ‘‘(a) IN GENERAL.—In determining’’; ing an appraisal in connection with a con- (1) PURPOSES.—Section 1101 of the Finan- (2) in subsection (a) (as designated by para- sumer credit transaction secured by the cial Institutions Reform, Recovery, and En- graph (1)), by inserting before the period the principal dwelling of a consumer who has a forcement Act of 1989 (12 U.S.C. 3331) is following: ‘‘, where a complex 1-to-4 unit sin- reasonable basis to believe an appraiser is amended by inserting ‘‘and to provide the Appraisal Subcommittee with a consumer gle family residential appraisal means an ap- failing to comply with the Uniform Stand- praisal for which the property to be ap- ards of Professional Appraisal Practice, is protection mandate’’ before the period at the end. praised, the form of ownership, the property violating applicable laws, or is otherwise en- characteristics, or the market conditions are (2) FUNCTIONS OF APPRAISAL SUB- gaging in unethical or unprofessional con- atypical’’; and COMMITTEE.—Section 1103(a) of the Financial duct, shall refer the matter to the applicable (3) by adding at the end the following new Institutions Reform, Recovery, and Enforce- State appraiser certifying and licensing subsection: ment Act of 1989 (12 U.S.C. 3332(a)) is amend- agency. ‘‘(b) APPRAISALS AND APPRAISAL RE- ed— ‘‘(f) NO EXTENSION OF CREDIT.—In connec- VIEWS.—All appraisals performed at a prop- tion with a consumer credit transaction se- (A) by striking ‘‘and’’ at the end of para- erty within a State shall be prepared by ap- cured by a consumer’s principal dwelling, a graph (3); and praisers licensed or certified in the State creditor who knows, at or before loan con- (B) by amending paragraph (4) to read as where the property is located. All appraisal summation, of a violation of the appraisal follows: reviews, including appraisal reviews by a independence standards established in sub- ‘‘(4) monitor the efforts of, and require- lender, appraisal management company, or sections (b) or (d) shall not extend credit ments established by, States and the Federal other third party organization, shall be per- based on such appraisal unless the creditor financial institutions regulatory agencies to formed by an appraiser who is duly licensed documents that the creditor has acted with protect consumers from improper appraisal or certified by a State appraisal board.’’. reasonable diligence to determine that the practices and the predations of unlicensed (f) APPRAISAL MANAGEMENT SERVICES.— appraisal does not materially misstate or appraisers in consumer credit transactions (1) SUPERVISION OF THIRD PARTY PROVIDERS misrepresent the value of such dwelling. that are secured by a consumer’s principal OF APPRAISAL MANAGEMENT SERVICES.—Sec- ‘‘(g) RULEMAKING PROCEEDINGS.—The dwelling; and’’. tion 1103(a) of the Financial Institutions Re- Board, the Comptroller of the Currency, the (3) THRESHOLD LEVELS.—Section 1112(b) of form, Recovery, and Enforcement Act of 1989 Director of the Office of Thrift Supervision, the Financial Institutions Reform, Recovery, (12 U.S.C. 3332(a)) (as previously amended by the Federal Deposit Insurance Corporation, and Enforcement Act of 1989 (12 U.S.C. this section) is further amended— the National Credit Union Administration 3341(b)) is amended by inserting before the (A) by amending paragraph (1) to read as Board, and the Federal Trade Commission— period the following: ‘‘, and that such thresh- follows: ‘‘(1) shall, for purposes of this section, old level provides reasonable protection for ‘‘(1) monitor the requirements established jointly prescribe regulations no later than consumers who purchase 1–4 unit single-fam- by States— 180 days after the date of the enactment of ily residences. In determining whether a ‘‘(A) for the certification and licensing of this section, and where such regulations threshold level provides reasonable protec- individuals who are qualified to perform ap- have an effective date of no later than 1 year tion for consumers, each Federal financial praisals in connection with federally related after the date of the enactment of this sec- institutions regulatory agency shall consult transactions, including a code of professional tion, defining with specificity acts or prac- with consumer groups and convene a public responsibility; and tices which are unfair or deceptive in the hearing’’. ‘‘(B) for the registration and supervision of provision of mortgage lending services for a (b) ANNUAL REPORT OF APPRAISAL SUB- the operations and activities of an appraisal consumer credit transaction secured by the COMMITTEE.—Section 1103(a) of the Financial management company;’’; and

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.076 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3725 (B) by adding at the end the following new tions relate to the State appraiser certifying agement services, including investigations paragraph: and licensing agencies. The Appraisal Sub- initiated and disciplinary actions taken; ‘‘(7) maintain a national registry of ap- committee shall also promulgate regulations and’’. praisal management companies that either for the reporting of the activities of ap- (h) REGISTRY FEES MODIFIED.— are registered with and subject to super- praisal management companies in deter- (1) IN GENERAL.—Section 1109(a) of the Fi- vision of a State appraiser certifying and li- mining the payment of the annual registry nancial Institutions Reform, Recovery, and censing agency or are operating subsidiaries fee. Enforcement Act of 1989 (12 U.S.C. 3338(a)) is of a Federally regulated financial institu- ‘‘(e) EFFECTIVE DATE.— amended— tion.’’. ‘‘(1) IN GENERAL.—No appraisal manage- (A) by amending paragraph (4) (as modified (2) APPRAISAL MANAGEMENT COMPANY MIN- ment company may perform services related by section 9503(g)) to read as follows: IMUM QUALIFICATIONS.—Title XI of the Finan- to a federally related transaction in a State ‘‘(4) collect— cial Institutions Reform, Recovery, and En- after the date that is 36 months after the ‘‘(A) from such individuals who perform or forcement Act of 1989 (12 U.S.C. 3331 et seq.) date of the enactment of this section unless seek to perform appraisals in federally re- is amended by adding at the end the fol- such company is registered with such State lated transactions, an annual registry fee of lowing new section (and amending the table or subject to oversight by a federal financial not more than $40, such fees to be trans- of contents accordingly): institutions regulatory agency. mitted by the State agencies to the Council ‘‘(2) EXTENSION OF EFFECTIVE DATE.—Sub- ‘‘SEC. 1124. APPRAISAL MANAGEMENT COMPANY on an annual basis; and MINIMUM QUALIFICATIONS. ject to the approval of the Council, the Ap- ‘‘(B) from an appraisal management com- ‘‘(a) IN GENERAL.—The Appraiser Qualifica- praisal Subcommittee may extend by an ad- pany that either has registered with a State tions Board of the Appraisal Foundation ditional 12 months the requirements for the appraiser certifying and licensing agency in shall establish minimum qualifications to be registration and supervision of appraisal accordance with this title or operates as a applied by a State in the registration of ap- management companies if it makes a writ- subsidiary of a federally regulated financial ten finding that a State has made substan- praisal management companies. Such quali- institution, an annual registry fee of— tial progress in establishing a State ap- fications shall include a requirement that ‘‘(i) in the case of such a company that has praisal management company registration such companies— been in existence for more than a year, $25 and supervision system that appears to con- ‘‘(1) register with and be subject to super- multiplied by the number of appraisers form with the provisions of this title.’’. vision by a State appraiser certifying and li- working for or contracting with such com- (3) STATE APPRAISER CERTIFYING AND LI- censing agency in each State in which such pany in such State during the previous year, CENSING AGENCY AUTHORITY.—Section 1117 of company operates; but where such $25 amount may be adjusted, the Financial Institutions Reform, Recovery, ‘‘(2) verify that only licensed or certified up to a maximum of $50, at the discretion of and Enforcement Act of 1989 (12 U.S.C. 3346) appraisers are used for federally related the Appraisal Subcommittee, if necessary to is amended by adding at the end the fol- transactions; carry out the Subcommittee’s functions ‘‘(3) require that appraisals coordinated by lowing: ‘‘The duties of such agency may ad- ditionally include the registration and super- under this title; and an appraisal management company comply ‘‘(ii) in the case of such a company that with the Uniform Standards of Professional vision of appraisal management compa- nies.’’. has not been in existence for more than a Appraisal Practice; and year, $25 multiplied by an appropriate num- (4) APPRAISAL MANAGEMENT COMPANY DEFI- ‘‘(4) require that appraisals are conducted ber to be determined by the Appraisal Sub- independently and free from inappropriate NITION.—Section 1121 of the Financial Insti- tutions Reform, Recovery, and Enforcement committee, and where such number will be influence and coercion pursuant to the ap- used for determining the fee of all such com- praisal independence standards established Act of 1989 (12 U.S.C. 3350) is amended by add- ing at the end the following: panies that were not in existence for more under section 129C of the Truth in Lending than a year, but where such $25 amount may ‘‘(11) APPRAISAL MANAGEMENT COMPANY.— Act. be adjusted, up to a maximum of $50, at the ‘‘(b) EXCEPTION FOR FEDERALLY REGULATED The term ‘appraisal management company’ means, in connection with valuing properties discretion of the Appraisal Subcommittee, if FINANCIAL INSTITUTIONS.—The requirements necessary to carry out the Subcommittee’s of subsection (a) shall not apply to an ap- collateralizing mortgage loans or mortgages incorporated into a securitization, any exter- functions under this title.’’; and praisal management company that is a sub- (B) by amending the matter following sidiary owned and controlled by a financial nal third party authorized either by a cred- itor of a consumer credit transaction secured paragraph (4), as redesignated, to read as fol- institution and regulated by a federal finan- lows: cial institution regulatory agency. In such by a consumer’s principal dwelling or by an case, the appropriate federal financial insti- underwriter of or other principal in the sec- ‘‘Subject to the approval of the Council, the tutions regulatory agency shall, at a min- ondary mortgage markets, that oversees a Appraisal Subcommittee may adjust the dol- imum, develop regulations affecting the op- network or panel of more than 15 certified or lar amount of registry fees under paragraph erations of the appraisal management com- licensed appraisers in a State or 25 or more (4)(A), up to a maximum of $80 per annum, as pany to— nationally within a given year— necessary to carry out its functions under ‘‘(1) verify that only licensed or certified ‘‘(A) to recruit, select, and retain apprais- this title. The Appraisal Subcommittee shall appraisers are used for federally related ers; consider at least once every 5 years whether transactions; ‘‘(B) to contract with licensed and certified to adjust the dollar amount of the registry ‘‘(2) require that appraisals coordinated by appraisers to perform appraisal assignments; fees to account for inflation. In imple- an institution or subsidiary providing ap- ‘‘(C) to manage the process of having an menting any change in registry fees, the Ap- praisal management services comply with appraisal performed, including providing ad- praisal Subcommittee shall provide flexi- the Uniform Standards of Professional Ap- ministrative duties such as receiving ap- bility to the States for multi-year certifi- praisal Practice; and praisal orders and appraisal reports, submit- cations and licenses already in place, as well ‘‘(3) require that appraisals are conducted ting completed appraisal reports to creditors as a transition period to implement the independently and free from inappropriate and underwriters, collecting fees from credi- changes in registry fees. In establishing the influence and coercion pursuant to the ap- tors and underwriters for services provided, amount of the annual registry fee for an ap- praisal independence standards established and reimbursing appraisers for services per- praisal management company, the Appraisal under section 129C of the Truth in Lending formed; or Subcommittee shall have the discretion to Act. ‘‘(D) to review and verify the work of ap- impose a minimum annual registry fee for an ‘‘(c) REGISTRATION LIMITATIONS.—An ap- praisers.’’. appraisal management company to protect praisal management company shall not be (g) STATE AGENCY REPORTING REQUIRE- against the under reporting of the number of registered by a State if such company, in MENT.—Section 1109(a) of the Financial Insti- appraisers working for or contracted by the whole or in part, directly or indirectly, is tutions Reform, Recovery, and Enforcement appraisal management company.’’. owned by any person who has had an ap- Act of 1989 (12 U.S.C. 3338(a)) is amended— (2) INCREMENTAL REVENUES.—Incremental praiser license or certificate refused, denied, (1) by striking ‘‘and’’ after the semicolon revenues collected pursuant to the increases cancelled, surrendered in lieu of revocation, in paragraph (1); required by this subsection shall be placed in or revoked in any State. Additionally, each (2) by redesignating paragraph (2) as para- a separate account at the United States person that owns more than 10 percent of an graph (4); and Treasury, entitled the ‘‘Appraisal Sub- appraisal management company shall be of (3) by inserting after paragraph (1) the fol- committee Account’’. good moral character, as determined by the lowing new paragraphs: (i) GRANTS AND REPORTS.—Section 1109(b) State appraiser certifying and licensing ‘‘(2) transmit reports on sanctions, discipli- of the Financial Institutions Reform, Recov- agency, and shall submit to a background in- nary actions, license and certification rev- ery, and Enforcement Act of 1989 (12 U.S.C. vestigation carried out by the State ap- ocations, and license and certification sus- 3348(b)) is amended— praiser certifying and licensing agency. pensions on a timely basis to the national (1) by striking ‘‘and’’ after the semicolon ‘‘(d) REGULATIONS.—The Appraisal Sub- registry of the Appraisal Subcommittee; in paragraph (3); committee shall promulgate regulations to ‘‘(3) transmit reports on a timely basis of (2) by striking the period at the end of implement the minimum qualifications de- supervisory activities involving appraisal paragraph (4) and inserting a semicolon; veloped by the Appraiser Qualifications management companies or other third-party (3) by adding at the end the following new Board under this section, as such qualifica- providers of appraisals and appraisal man- paragraphs:

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.076 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3726 CONGRESSIONAL RECORD — SENATE May 13, 2010 ‘‘(5) to make grants to State appraiser cer- Subcommittee shall have the authority to is further amended by adding at the end the tifying and licensing agencies to support the impose sanctions, as described in this sec- following new subsection: efforts of such agencies to comply with this tion, against a State agency that fails to ‘‘(i) APPRAISAL COMPLAINT NATIONAL HOT- title, including— have an effective appraiser regulatory pro- LINE.—If, 1 year after the date of the enact- ‘‘(A) the complaint process, complaint in- gram. In determining whether such a pro- ment of this subsection, the Appraisal Sub- vestigations, and appraiser enforcement ac- gram is effective, the Appraisal Sub- committee determines that no national hot- tivities of such agencies; and committee shall include an analyses of the line exists to receive complaints of non-com- ‘‘(B) the submission of data on State li- licensing and certification of appraisers, the pliance with appraisal independence stand- censed and certified appraisers and appraisal registration of appraisal management com- ards and Uniform Standards of Professional management companies to the National ap- panies, the issuance of temporary licenses Appraisal Practice, including complaints praisal registry, including information af- and certifications for appraisers, the receiv- from appraisers, individuals, or other enti- firming that the appraiser or appraisal man- ing and tracking of submitted complaints ties concerning the improper influencing or agement company meets the required quali- against appraisers and appraisal manage- attempted improper influencing of apprais- fication criteria and formal and informal dis- ment companies, the investigation of com- ers or the appraisal process, the Appraisal ciplinary actions; and plaints, and enforcement actions against ap- Subcommittee shall establish and operate ‘‘(6) to report to all State appraiser certi- praisers and appraisal management compa- such a national hotline, which shall include fying and licensing agencies when a license nies. The Appraisal Subcommittee shall have a toll-free telephone number and an email or certification is surrendered, revoked, or the authority to impose interim actions and address. If the Appraisal Subcommittee oper- suspended.’’. suspensions against a State agency as an al- ates such a national hotline, the Appraisal Obligations authorized under this subsection ternative to, or in advance of, the Subcommittee shall refer complaints for fur- may not exceed 75 percent of the fiscal year derecognition of a State agency.’’. ther action to appropriate governmental total of incremental increase in fees col- (2) in subsection (b)(2), by inserting after bodies, including a State appraiser certifying lected and deposited in the ‘‘Appraisal Sub- ‘‘authority’’ the following: ‘‘or sufficient and licensing agency, a financial institution committee Account’’ pursuant to subsection funding’’. regulator, or other appropriate legal authori- (h). (l) RECIPROCITY.—Subsection (b) of section ties. For complaints referred to State ap- (j) CRITERIA.—Section 1116 of the Financial 1122 of the Financial Institutions Reform, praiser certifying and licensing agencies or Institutions Reform, Recovery, and Enforce- Recovery, and Enforcement Act of 1989 (12 to Federal regulators, the Appraisal Sub- ment Act of 1989 (12 U.S.C. 3345) is amended— U.S.C. 3351(b)) is amended to read as follows: committee shall have the authority to follow (1) in subsection (c), by inserting ‘‘whose ‘‘(b) RECIPROCITY.—A State appraiser certi- up such complaint referrals in order to deter- criteria for the licensing of a real estate ap- fying or licensing agency shall issue a recip- mine the status of the resolution of the com- praiser currently meet or exceed the min- rocal certification or license for an indi- plaint.’’. imum criteria issued by the Appraisal Quali- vidual from another State when— (q) AUTOMATED VALUATION MODELS.—Title fications Board of The Appraisal Foundation ‘‘(1) the appraiser licensing and certifi- XI of the Financial Institutions Reform, Re- for the licensing of real estate appraisers’’ cation program of such other State is in covery, and Enforcement Act of 1989 (12 before the period at the end; and compliance with the provisions of this title; U.S.C. 3331 et seq.), as amended by this sec- (2) by striking subsection (e) and inserting and tion, is further amended by adding at the end the following new subsection: ‘‘(2) the appraiser holds a valid certifi- the following new section (and amending the ‘‘(e) MINIMUM QUALIFICATION REQUIRE- cation from a State whose requirements for table of contents accordingly): MENTS.—Any requirements established for certification or licensing meet or exceed the ‘‘SEC. 1125. AUTOMATED VALUATION MODELS individuals in the position of ‘Trainee Ap- licensure standards established by the State USED TO VALUE CERTAIN MORT- GAGES. praiser’ and ‘Supervisory Appraiser’ shall where an individual seeks appraisal licen- ‘‘(a) IN GENERAL.—Automated valuation meet or exceed the minimum qualification sure.’’. models shall adhere to quality control stand- requirements of the Appraiser Qualifications (m) CONSIDERATION OF PROFESSIONAL AP- ards designed to— Board of The Appraisal Foundation. The Ap- PRAISAL DESIGNATIONS.—Section 1122(d) of ‘‘(1) ensure a high level of confidence in the praisal Subcommittee shall have the author- the Financial Institutions Reform, Recovery, estimates produced by automated valuation ity to enforce these requirements.’’. and Enforcement Act of 1989 (12 U.S.C. 3351(d)) is amended by striking ‘‘shall not ex- models; (k) MONITORING OF STATE APPRAISER CERTI- clude’’ and all that follows through the end ‘‘(2) protect against the manipulation of FYING AND LICENSING AGENCIES.—Section 1118 data; of the Financial Institutions Reform, Recov- of the subsection and inserting the following: ‘‘(3) seek to avoid conflicts of interest; and ery, and Enforcement Act of 1989 (12 U.S.C. ‘‘may include education achieved, experi- ‘‘(4) require random sample testing and re- 3347) is amended— ence, sample appraisals, and references from views, where such testing and reviews are (1) by amending subsection (a) to read as prior clients. Membership in a nationally performed by an appraiser who is licensed or follows: recognized professional appraisal organiza- certified in the State where the testing and ‘‘(a) IN GENERAL.—The Appraisal Sub- tion may be a criteria considered, though committee shall monitor each State ap- lack of membership therein shall not be the reviews take place. ‘‘(b) ADOPTION OF REGULATIONS.—The Ap- praiser certifying and licensing agency for sole bar against consideration for an assign- praisal Subcommittee and its member agen- the purposes of determining whether such ment under these criteria.’’. PPRAISER INDEPENDENCE.—Section 1122 cies, in consultation with the Appraisal agency— (n) A of the Financial Institutions Reform, Recov- Standards Board of the Appraisal Founda- ‘‘(1) has policies, practices, funding, staff- ery, and Enforcement Act of 1989 (12 U.S.C. tion and other interested parties, shall pro- ing, and procedures that are consistent with 3351) is amended by adding at the end the fol- mulgate regulations to implement the qual- this title; lowing new subsection: ity control standards required under this ‘‘(2) processes complaints and completes ‘‘(g) APPRAISER INDEPENDENCE MONI- section. investigations in a reasonable time period; TORING.—The Appraisal Subcommittee shall ‘‘(c) ENFORCEMENT.—Compliance with regu- ‘‘(3) appropriately disciplines sanctioned monitor each State appraiser certifying and lations issued under this subsection shall be appraisers and appraisal management com- licensing agency for the purpose of deter- enforced by— panies; mining whether such agency’s policies, prac- ‘‘(1) with respect to a financial institution, ‘‘(4) maintains an effective regulatory pro- tices, and procedures are consistent with the or subsidiary owned and controlled by a fi- gram; and purposes of maintaining appraiser independ- nancial institution and regulated by a Fed- ‘‘(5) reports complaints and disciplinary ence and whether such State has adopted and eral financial institution regulatory agency, actions on a timely basis to the national reg- maintains effective laws, regulations, and the Federal financial institution regulatory istries on appraisers and appraisal manage- policies aimed at maintaining appraiser agency that acts as the primary Federal su- ment companies maintained by the Ap- independence.’’. pervisor of such financial institution or sub- praisal Subcommittee. (o) APPRAISER EDUCATION.—Section 1122 of sidiary; and The Appraisal Subcommittee shall have the the Financial Institutions Reform, Recovery, ‘‘(2) with respect to other persons, the Ap- authority to remove a State licensed or cer- and Enforcement Act of 1989 (12 U.S.C. 3351) praisal Subcommittee. tified appraiser or a registered appraisal is amended by inserting after subsection (g) ‘‘(d) AUTOMATED VALUATION MODEL DE- management company from a national reg- (as added by subsection (l) of this section) FINED.—For purposes of this section, the istry on an interim basis pending State agen- the following new subsection: term ‘automated valuation model’ means cy action on licensing, certification, reg- ‘‘(h) APPROVED EDUCATION.—The Appraisal any computerized model used by mortgage istration, and disciplinary proceedings. The Subcommittee shall encourage the States to originators and secondary market issuers to Appraisal Subcommittee and all agencies, accept courses approved by the Appraiser determine the collateral worth of a mortgage instrumentalities, and Federally recognized Qualification Board’s Course Approval Pro- secured by a consumer’s principal dwelling.’’. entities under this title shall not recognize gram.’’. (r) BROKER PRICE OPINIONS.—Title XI of the appraiser certifications and licenses from (p) APPRAISAL COMPLAINT HOTLINE.—Sec- Financial Institutions Reform, Recovery, States whose appraisal policies, practices, tion 1122 of the Financial Institutions Re- and Enforcement Act of 1989 (12 U.S.C. 3331 et funding, staffing, or procedures are found to form, Recovery, and Enforcement Act of 1989 seq.), as amended by this section, is further be inconsistent with this title. The Appraisal (12 U.S.C. 3351), as amended by this section, amended by adding at the end the following

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new section (and amending the table of con- broker price opinions, automated valuation ‘‘(3) REIMBURSEMENT.—The applicant may tents accordingly): models, licensed appraisals, and certified ap- be required to pay a reasonable fee to reim- ‘‘SEC. 1126. BROKER PRICE OPINIONS. praisals, among others, and the quality of burse the creditor for the cost of the ap- ‘‘(a) GENERAL PROHIBITION.—In conjunction appraisals provided through different dis- praisal, except where otherwise required in with the purchase of a consumer’s principal tribution channels, including appraisal man- law. dwelling, broker price opinions may not be agement companies, independent appraisal ‘‘(4) FREE COPY.—Notwithstanding para- used as the primary basis to determine the operations within a mortgage originator, and graph (3), the creditor shall provide a copy of value of a piece of property for the purpose fee-for-service appraisals. The study shall each written appraisal or valuation at no ad- also include an analysis and statistical of a loan origination of a residential mort- ditional cost to the applicant. breakdown of enforcement actions taken gage loan secured by such piece of property. ‘‘(5) NOTIFICATION TO APPLICANTS.—At the during the last 10 years against different time of application, the creditor shall notify ‘‘(b) BROKER PRICE OPINION DEFINED.—For types of appraisers, including certified, li- purposes of this section, the term ‘broker an applicant in writing of the right to re- censed, supervisory, and trainee appraisers. ceive a copy of each written appraisal and price opinion’ means an estimate prepared Furthermore, the study shall examine the by a real estate broker, agent, or sales per- valuation under this subsection. benefits and costs, as well as the advantages ‘‘(6) REGULATIONS.—The Board shall pre- son that details the probable selling price of and disadvantages, of establishing a national a particular piece of real estate property and scribe regulations to implement this sub- repository to collect data related to real es- section within 1 year of the date of the en- provides a varying level of detail about the tate property collateral valuations per- actment of this subsection. property’s condition, market, and neighbor- formed in the United States. ‘‘(7) VALUATION DEFINED.—For purposes of hood, and information on comparable sales, (b) REPORT.—Before the end of the 18- this subsection, the term ‘valuation’ shall but does not include an automated valuation month period beginning on the date of the include any estimate of the value of a dwell- model, as defined in section 1125(c).’’. enactment of this Act, the Comptroller Gen- ing developed in connection with a creditor’s (s) AMENDMENTS TO APPRAISAL SUB- eral shall submit a report on the study under decision to provide credit, including those COMMITTEE.—Section 1011 of the Federal Fi- subsection (a) to the Committee on Finan- values developed pursuant to a policy of a nancial Institutions Examination Council cial Services of the House of Representatives government sponsored enterprise or by an Act of 1978 (12 U.S.C. 3310) is amended— and the Committee on Banking, Housing, automated valuation model, a broker price (1) in the first sentence, by adding before and Urban Affairs of the Senate, together opinion, or other methodology or mecha- the period the following: ‘‘and the Federal with such recommendations for administra- nism.’’. Housing Finance Agency’’; and tive or legislative action, at the Federal or SEC. 1116. REAL ESTATE SETTLEMENT PROCE- (2) by inserting at the end the following: State level, as the Comptroller General may DURES ACT OF 1974 AMENDMENT ‘‘At all times at least one member of the Ap- determine to be appropriate. RELATING TO CERTAIN APPRAISAL praisal Subcommittee shall have dem- (c) ADDITIONAL STUDY REQUIRED.—The FEES. onstrated knowledge and competence Comptroller General shall conduct an addi- Section 4 of the Real Estate Settlement through licensure, certification, or profes- tional study to determine the effects that Procedures Act of 1974 is amended by adding sional designation within the appraisal pro- the changes to the seller-guide appraisal re- at the end the following new subsection: fession.’’. quirements of Fannie Mae and Freddie Mac ‘‘(c) The standard form described in sub- (t) TECHNICAL CORRECTIONS.— contained in the Home Valuation Code of section (a) shall include, in the case of an ap- (1) Section 1119(a)(2) of the Financial Insti- Conduct have on small business, like mort- praisal coordinated by an appraisal manage- tutions Reform, Recovery, and Enforcement gage brokers and independent appraisers, ment company (as such term is defined in Act of 1989 (12 U.S.C. 3348(a)(2)) is amended and consumers, including the effect on the— section 1121(11) of the Financial Institutions by striking ‘‘council,’’ and inserting ‘‘Coun- (1) quality and costs of appraisals; Reform, Recovery, and Enforcement Act of cil,’’. (2) length of time for obtaining appraisals; 1989 (12 U.S.C. 3350(11))), a clear disclosure (2) Section 1121(6) of the Financial Institu- (3) impact on consumer protection, espe- of— tions Reform, Recovery, and Enforcement cially regarding maintaining appraisal inde- ‘‘(1) the fee paid directly to the appraiser Act of 1989 (12 U.S.C. 3350(6)) is amended by pendence, abating appraisal inflation, and by such company; and striking ‘‘Corporations,’’ and inserting ‘‘Cor- mitigating acts of appraisal fraud; ‘‘(2) the administration fee charged by such poration,’’. (4) structure of the appraisal industry, es- company.’’. (3) Section 1121(8) of the Financial Institu- pecially regarding appraisal management SEC. 1117. APPRAISAL INDEPENDENCE REQUIRE- tions Reform, Recovery, and Enforcement companies, fee-for-service appraisers, and MENTS. Act of 1989 (12 U.S.C. 3350(8)) is amended by the regulation of appraisal management (a) PROMULGATION OF NEW REQUIRE- MENTS.—The Director shall lead a Negotiated striking ‘‘council’’ and inserting ‘‘Council’’. companies by the states; and Rulemaking Committee under the Federal (4) Section 1122 of the Financial Institu- (5) impact on mortgage brokers and other Advisory Committee Act, the Negotiated tions Reform, Recovery, and Enforcement small business professionals in the financial Rulemaking Act, and section 1022(b) of this Act of 1989 (12 U.S.C. 3351) is amended— services industry. (d) ADDITIONAL REPORT.—Before the end of title to promulgate appraisal independence (A) in subsection (a)(1) by moving the left the 6-month period beginning on the date of requirements for residential loan purposes, margin of subparagraphs (A), (B), and (C) 2 the enactment of this Act, the Comptroller and such Committee shall promulgate such ems to the right; and General shall submit an additional report to requirements not later than the end of the (B) in subsection (c)— the Committee on Financial Services of the 60-day period beginning on the date of the (i) by striking ‘‘Federal Financial Institu- House of Representatives and the Committee enactment of this title. tions Examination Council’’ and inserting on Banking, Housing, and Urban Affairs of (b) CERTAIN REGULATION REQUIREMENTS.— ‘‘Financial Institutions Examination Coun- the Senate containing the findings and con- Regulations promulgated by the Negotiated cil’’; and clusions of the Comptroller General with re- Rulemaking Committee under this section— (ii) by striking ‘‘the council’s functions’’ spect to the study conducted pursuant to (1) shall not prohibit lenders, the Federal and inserting ‘‘the Council’s functions’’. subsection (c). Such additional report shall National Mortgage Association, or the Fed- SEC. 1114. STUDY REQUIRED ON IMPROVEMENTS take into consideration the Small Business eral Home Loan Mortgage Corporation from IN APPRAISAL PROCESS AND COM- Administration’s views on how small busi- accepting any appraisal report completed by PLIANCE PROGRAMS. nesses are affected by the Home Valuation an appraiser selected, retained, or com- (a) STUDY.—The Comptroller General shall Code of Conduct. pensated in any manner by a mortgage loan conduct a comprehensive study on possible SEC. 1115. EQUAL CREDIT OPPORTUNITY ACT originator— improvements in the appraisal process gen- AMENDMENT. (A) licensed or registered in accordance erally, and specifically on the consistency in Subsection (e) of section 701 of the Equal with the SAFE Mortgage Licensing Act of and the effectiveness of, and possible im- Credit Opportunity Act (15 U.S.C. 1691) is 2008; and provements in, State compliance efforts and amended to read as follows: (B) subject to Federal or State laws that programs in accordance with title XI of the ‘‘(e) COPIES FURNISHED TO APPLICANTS.— make it unlawful for a mortgage loan origi- Financial Institutions Reform, Recovery, ‘‘(1) IN GENERAL.—Each creditor shall fur- nator to make any payment, threat, or and Enforcement Act of 1989. In addition, nish to an applicant a copy of any and all promise, directly or indirectly, to any ap- this study shall examine the existing exemp- written appraisals and valuations developed praiser of a property, for the purposes of in- tions to the use of certified appraisers issued in connection with the applicant’s applica- fluencing the independent judgment of the by Federal financial institutions regulatory tion for a loan that is secured or would have appraiser with respect to the value of the agencies. The study shall also review the been secured by a first lien on a dwelling property, except that nothing in this section threshold level established by Federal regu- promptly upon completion, but in no case shall prohibit a person with an interest in a lators for compliance under title XI and later than 3 days prior to the closing of the real estate transaction from asking an ap- whether there is a need to revise them to re- loan, whether the creditor grants or denies praiser to— flect the addition of consumer protection to the applicant’s request for credit or the ap- (i) consider additional, appropriate prop- the purposes and functions of the Appraisal plication is incomplete or withdrawn. erty information; Subcommittee. The study shall additionally ‘‘(2) WAIVER.—The applicant may waive the (ii) provide further detail, substantiation, examine the quality of different types of 3 day requirement provided for in paragraph or explanation for the appraiser’s value con- mortgage collateral valuations produced by (1), except where otherwise required in law. clusion; or

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(iii) correct errors in the appraisal report; ‘‘(C) DETERMINATION OF THE COMMISSION.— solvency, bankruptcy, credit downgrade, and and ‘‘(i) IN GENERAL.—The Commission and the a violation of a debt covenant. (2) shall include a requirement that lenders Securities and Exchange Commission, shall ‘‘(iii) PROTECTION BUYER.—The term ‘pro- and their agents compensate appraisers at a jointly establish and adopt rules, regula- tection buyer’ means a person that enters rate that is customary and reasonable for ap- tions, or orders, in accordance with the pub- into a credit default swap to obtain a payoff praisal services performed in the market lic interest, defining the term ‘valid credit from a third party (commonly referred to as area of the property being appraised. instrument’. the ‘protection seller’) upon the occurrence (c) SUNSET.—Effective on the date the ap- ‘‘(ii) CONSIDERATIONS AND REQUIREMENTS.— of one or more credit events. praisal independence requirements are pro- In defining the term ‘valid credit instru- ‘‘(iv) REFERENCE ENTITY.—The term ‘ref- mulgated pursuant to subsection (a), the ment’, the Commission and the Securities erence entity’ means any borrower, such as a Home Valuation Code of Conduct announced and Exchange Commission shall consider corporation, State, municipality, sovereign by the Federal Housing Finance Agency on which group, category, type, or class of cred- entity, or special purpose entity, which has December 23, 2008, shall have no force or ef- it instruments can be effectively hedged issued a public debt obligation or obtained a fect. using credit default swaps. loan that is referenced by a credit default swap. SA 4008. Mr. DORGAN (for himself, ‘‘(iii) RULE OF CONSTRUCTION.—For pur- poses of this paragraph, any instrument with ‘‘(B) FURTHER DEFINITION OF TERMS.—The Mr. LEVIN, Ms. CANTWELL, Mr. FEIN- an equity risk exposure or equity-like fea- Commission and the Securities and Ex- GOLD, Mr. SANDERS, and Mr. KAUFMAN) tures shall not be considered by the Commis- change Commission, shall jointly establish submitted an amendment intended to sion to be a valid credit instrument. and adopt rules, regulations, or orders, in ac- be proposed to amendment SA 3739 pro- ‘‘(D) REPORTING.—Each protection buyer cordance with the public interest, further de- posed by Mr. REID (for Mr. DODD (for shall report all of its legitimate short posi- fining the terms ‘credit default swap’, ‘credit himself and Mrs. LINCOLN)) to the bill tions in credit default swaps, as well as any event’, ‘protection buyer’, and ‘reference en- S. 3217, to promote the financial sta- other credit default swap positions and the tity’. On page 808, line 8, after the first period, valid credit instruments that it owns to the bility of the United States by improv- insert the following: ing accountability and transparency in Commission, in such manner, in such fre- quency, and in such form as may be pre- ‘‘SEC. 3C-1. CLEARING OF CREDIT DEFAULT the financial system, to end ‘‘too big to SWAPS. scribed by the Commission. fail’’, to protect the American taxpayer ‘‘(a) SUBMISSION.—It shall be unlawful for ‘‘(E) HOLDING OF SHORT POSITIONS IN CREDIT by ending bailouts, to protect con- any party to enter into a credit default swap DEFAULT SWAPS BY SWAP DEALERS.—Any swap sumers from abusive financial services unless that person shall submit such credit dealer in credit default swaps seeking to es- default swap for clearing to a clearing agen- practices, and for other purposes; tablish, possess, or otherwise obtain a short which was ordered to lie on the table; cy that is registered under section 17A of position as the protection buyer of any cred- this Act. as follows: it default swap for more than 60 consecutive ‘‘(b) PROHIBITION.—Notwithstanding any On page 584, line 7, after the first period in- calendar days or for more than two-thirds of other provisions in this section or of this sert the following: the days in any calendar quarter, shall dem- Act, if no clearing agency will accept a cred- ‘‘(k) CLEARING OF CREDIT DEFAULT onstrate to the Commission, in such manner it default swap for clearing, it shall be un- SWAPS.— and in such form as may be prescribed by the lawful for any party to enter into the credit ‘‘(1) SUBMISSION.—It shall be unlawful for Commission, that— default swap. any party to enter into a credit default swap ‘‘(i) the value of the swap dealer’s holdings ‘‘(c) LIMITATION ON SHORT POSITIONS.— unless that person shall submit such credit in valid credit instruments is equal to or ‘‘(1) IN GENERAL.—It shall be unlawful for a default swap for clearing to a derivatives greater than the absolute notional value of protection buyer to enter into a credit de- clearing organization that is registered the swap dealer’s position in credit default fault swap which establishes a short position under this Act or a derivatives clearing orga- swaps; and in a reference entity’s credit unless the pro- nization that is exempt from registration ‘‘(ii) the reference entity or entities for the tection buyer can demonstrate to the Com- under section 5b(i) of this Act. swap dealer’s credit default swaps in clause mission, in such manner and in such form as ‘‘(2) PROHIBITION.—Notwithstanding any (i), whether in a single-name, or a narrow- may be prescribed by the Commission, that other provisions in this section or of this based index or a broad-based index credit de- the protection buyer— Act, if no derivatives clearing organization fault swap transaction, must be the same as ‘‘(A) is undertaking such action to estab- will accept a credit default swap for clearing, the borrower or issuer, or borrowers or lish a legitimate short position in credit de- it shall be unlawful for any party to enter issuers, of the valid credit instrument or fault swaps; or into the credit default swap. valid credit instruments the swap dealer ‘‘(B) is regulated by the Commission as a ‘‘(3) LIMITATION ON SHORT POSITIONS.— owns. security-based swap dealer in credit default ‘‘(A) IN GENERAL.—It shall be unlawful for ‘‘(F) PROHIBITION ON EVASIONS AND STRUC- swaps, and is acting as a market-maker or a protection buyer to enter into a credit de- TURING OF TRANSACTIONS.—No person, includ- otherwise for the purpose of serving clients. fault swap which establishes a short position ing any protection buyer, protection seller, ‘‘(2) LEGITIMATE SHORT POSITION IN CREDIT in a reference entity’s credit instrument un- or counterparty, may take any action in DEFAULT SWAPS.—A protection buyer’s short less the protection buyer can demonstrate to connection with a credit default swap to position in credit default swaps shall be con- the Commission, in such manner and in such structure such swap for the purpose and with sidered a legitimate short position in credit form as may be prescribed by the Commis- the intent of evading the provisions of this default swaps if — sion, that the protection buyer— subsection. ‘‘(A) the value of the protection buyer’s ‘‘(i) is undertaking such action to establish ‘‘(G) AUTHORITY OF THE COMMISSION.—The holdings in valid credit instruments is equal a legitimate short position in credit default Commission, in consultation with the Secu- to or greater than the absolute notional swaps; or rities and Exchange Commission, may, in the value of the protection buyer’s credit default ‘‘(ii) is regulated by the Commission as a public interest, for the protection of inves- swaps; and swap dealer in credit default swaps, and is tors, for the protection of market partici- ‘‘(B) the reference entity or entities for the acting as a market-maker or is otherwise en- pants, and the maintenance of fair and or- protection buyer’s credit default swaps in gaged in a financial transaction on behalf of derly markets, prohibit any other action, subparagraph (A), whether in a single-name, a customer. practice, or conduct in connection with or or a narrow-based index or a broad-based ‘‘(B) LEGITIMATE SHORT POSITION IN CREDIT related to the direct or indirect purchase or index credit default swap transaction, must DEFAULT SWAPS.—A protection buyer’s short sale of credit default swaps. be the same as the borrower or issuer, or bor- position in credit default swaps shall be con- ‘‘(4) DEFINITIONS.— rowers or issuers, of the valid credit instru- sidered a legitimate short position in credit ‘‘(A) IN GENERAL.—In this subsection, the ment or valid credit instruments the protec- default swaps if— following definitions shall apply: tion buyer owns. ‘‘(i) the value of the protection buyer’s ‘‘(i) CREDIT DEFAULT SWAP.—The term ‘‘(3) DETERMINATION OF THE COMMISSION.— holdings in valid credit instruments is equal ‘credit default swap’— ‘‘(A) IN GENERAL.—The Commission and the to or greater than the absolute notional ‘‘(I) means a swap or security-based swap Commodity Futures Trading Commission, value of the protection buyer’s credit default whose payout is determined by the occur- shall jointly establish and adopt rules, regu- swaps; and rence of a credit event with respect to a sin- lations, or orders, in accordance with the ‘‘(ii) the reference entity or entities for the gle referenced credit instrument or reference public interest, defining the term ‘valid cred- protection buyer’s credit default swaps in entity or multiple referenced credit instru- it instrument’. clause (i), whether in a single-name, or a ments or reference entities; and ‘‘(B) CONSIDERATIONS AND REQUIREMENTS.— narrow-based index or a broad-based index ‘‘(II) is not a debt security registered with In defining the term ‘valid credit instru- credit default swap transaction, must be the the Securities and Exchange Commission ment’, the Commission and the Commodity same as the borrower or issuer, or borrowers and issued by a corporation, State, munici- Futures Trading Commission shall consider or issuers, of the valid credit instrument or pality, or sovereign entity. which group, category, type, or class of cred- valid credit instruments the protection ‘‘(ii) CREDIT EVENT.—The term ‘credit it instruments can be effectively hedged buyer owns. event’ includes a default, restructuring, in- using credit default swaps.

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‘‘(C) RULE OF CONSTRUCTION.—For purposes loan that is referenced by a credit default ‘‘(2) EXCLUSION FOR LIMITED RANGE OF PROD- of this subsection, any instrument with an swap. UCTS OFFERED.—Paragraph (1) shall not apply equity risk exposure or equity-like features ‘‘(2) FURTHER DEFINITION OF TERMS.—The with respect to any limited representative- shall not be considered by the Commission to Commission and the Commodity Futures investment company and variable contracts be a valid credit instrument. Trading Commission, shall jointly establish products, or for any other broker or dealer, ‘‘(4) REPORTING.—Each protection buyer and adopt rules, regulations, or orders, in ac- as defined by the Commission, who sells only shall report all of its legitimate short posi- cordance with the public interest, further de- proprietary or other limited range of prod- tions in credit default swaps, as well as any fining the terms ‘credit default swap’, ‘credit ucts. other credit default swap positions and the event’, ‘protection buyer’, and ‘reference en- ‘‘(3) DEFINITIONS.—For purposes of this sub- valid credit instruments that it owns to the tity’. section, the following definitions shall apply: Commission, in such manner, in such fre- On page 1056, line 17, strike the second pe- ‘‘(A) RETAIL CUSTOMER DEFINED.—The term quency, and in such form as may be pre- riod and insert the following: ‘‘. ‘retail customer’ means a natural person, or scribed by the Commission. SEC. 946. RESTRICTION ON SYNTHETIC ASSET- the legal representative of such natural per- ‘‘(5) HOLDINGS OF SHORT POSITIONS IN CREDIT BACKED SECURITIES. son, who— DEFAULT SWAPS BY SECURITY-BASED SWAP The Securities Act of 1933 (15 U.S.C. 77a et ‘‘(i) receives personalized investment ad- DEALERS.—Any security-based swap dealer in seq.) is amended by inserting after section 5 vice about securities from a broker or dealer; credit default swaps seeking to establish, the following: and possess, or otherwise obtain a short position ‘‘SEC. 5A. RESTRICTION ON SYNTHETIC ASSET- ‘‘(ii) uses such advice primarily for per- as the protection buyer of any credit default BACKED SECURITIES. sonal, family, or household purposes. swap for more than 60 consecutive calendar ‘‘(a) DEFINITION.—For purposes of this sec- ‘‘(B) LIMITED REPRESENTATIVE-INVESTMENT days or for more than two-thirds of the days tion, the term ‘synthetic asset-backed secu- COMPANY AND VARIABLE CONTRACTS PROD- in any calendar quarter, shall demonstrate rity’ means an asset-backed security, as de- UCTS.—The term ‘limited representative-in- to the Commission, in such manner and in fined in section 3(a)(77) of the Securities Ex- vestment company and variable contracts such form as may be prescribed by the Com- change Act of 1934, with respect to which, by product’ shall have the meaning given such mission, that— design, the self-liquidating financial assets term by rule of the Commission, and in- ‘‘(A) the value of the security-based swap referenced in the synthetic securitization do cludes any person that is licensed by a reg- dealer’s long holdings in valid credit instru- not provide any direct payment or cash flow istered security association pursuant to sec- ments is equal to or greater than the abso- to the holders of the security. tion 15A— lute notional value of the security-based ‘‘(b) RESTRICTION.— ‘‘(i) the activities of which in the invest- swap dealer’s position in credit default ‘‘(1) IN GENERAL.—No issuer, underwriter, ment banking and securities business are swaps; and placement agent, sponsor, or initial pur- limited to the solicitation, purchase, and ‘‘(B) the reference entity or entities for the chaser may offer, sell, or transfer a synthetic sale of— security-based swap dealer’s credit default asset-backed security that has no purpose ‘‘(I) redeemable securities of companies swaps in subparagraph (A), whether in a sin- apart from speculation on a possible future registered pursuant to the Investment Com- gle-name, or a narrow-based index or a gain or loss associated with the value or con- pany Act of 1940; broad-based index credit default swap trans- dition of the referenced assets. The Commis- ‘‘(II) securities of closed-end companies action, must be the same as the borrower or sion may determine, by rule or otherwise, registered pursuant to the Investment Com- issuer, or borrowers or issuers, of the valid whether a security is included within the de- pany Act of 1940, during the period of origi- credit instrument or valid credit instru- scription set forth in the preceding sentence. nal distribution only; and ments the security-based swaps dealer owns. Any such determination by the Commission, ‘‘(III) variable contracts and insurance pre- ‘‘(6) PROHIBITION ON EVASIONS AND STRUC- other than by rule, is not subject to judicial mium funding programs and other contracts TURING OF TRANSACTIONS.—No person, includ- review. issued by an insurance company, other than ing any protection buyer, protection seller, ‘‘(2) RULEMAKING.—Not later than 270 days any contract that is an exempt security pur- or counterparty, may take any action in after the date of enactment of this section, suant to section 3(a)(8) of the Securities Act connection with a credit default swap to the Commission shall issue rules carry out of 1933; and structure such swap for the purpose and with this section and to prevent evasions there- ‘‘(ii) does not function as a representative the intent of evading the provisions of this of.’’. in any financial instrument that is not de- section. scribed in clause (i). ‘‘(7) AUTHORITY OF THE COMMISSION.—The SA 4009. Ms. COLLINS submitted an ‘‘(l) OTHER MATTERS.— Commission, in consultation with the Com- amendment intended to be proposed to ‘‘(1) IN GENERAL.—The Commission shall— modity Futures Trading Commission, may, amendment SA 3739 proposed by Mr. ‘‘(A) facilitate the provision of clear, ap- in the public interest, for the protection of propriate disclosures to customers regarding REID (for Mr. DODD (for himself and investors, for the protection of market par- the terms of their relationships with, mate- ticipants, and the maintenance of fair and Mrs. LINCOLN)) to the bill S. 3217, to rial conflicts of interest of, and direct and orderly markets, prohibit any other action, promote the financial stability of the indirect compensation to, brokers, dealers, practice, or conduct in connection with or United States by improving account- and investment advisers; and related to the direct or indirect purchase or ability and transparency in the finan- ‘‘(B) examine and, where appropriate, pro- sale of credit default swaps. cial system, to end ‘‘too big to fail’’, to mulgate rules regulating sales practices, ‘‘(d) DEFINITIONS.— protect the American taxpayer by end- conflicts of interest, and compensation ‘‘(1) IN GENERAL.—In this section, the fol- ing bailouts, to protect consumers schemes for financial intermediaries (includ- lowing definitions shall apply: from abusive financial services prac- ing brokers, dealers, and investment advis- ers) that the Commission deems contrary to ‘‘(A) CREDIT DEFAULT SWAP.—The term tices, and for other purposes; which ‘credit default swap’— the public interest and the interests of inves- ‘‘(i) means a swap or security-based swap was ordered to lie on the table; as fol- tors. whose payout is determined by the occur- lows: ‘‘(2) RULE OF CONSTRUCTION.—The receipt of rence of a credit event with respect to a sin- On page 893, after line 25, insert the fol- compensation based on commission or other gle referenced credit instrument or reference lowing: standard compensation for the sale of securi- entity or multiple referenced credit instru- SEC. 774. STANDARDS OF CONDUCT FOR BRO- ties shall not, in and of itself, be considered ments or reference entities; and KERS, DEALERS, AND INVESTMENT a violation of the standard, under paragraph ‘‘(ii) is not a debt security registered with ADVISERS. (1)(A), when applied to a broker or dealer. the Commission and issued by a corporation, (a) AMENDMENT TO SECURITIES EXCHANGE Nothing in this section shall require a State, municipality, or sovereign entity. ACT OF 1934.—Section 15 of the Securities Ex- broker or dealer or registered representative ‘‘(B) CREDIT EVENT.—The term ‘credit change Act of 1934 (15 U.S.C. 78o) is amended to have a continuing duty of care or loyalty event’ includes a default, restructuring, in- by adding at the end the following: to the customer after providing personalized solvency, bankruptcy, credit downgrade, and ‘‘(k) STANDARDS OF CONDUCT.— investment advice about securities. a violation of a debt covenant. ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(m) HARMONIZATION OF ENFORCEMENT AND ‘‘(C) PROTECTION BUYER.—The term ‘protec- other provision of this title or the Invest- REMEDY REGULATIONS.—The Commission tion buyer’ means a person that enters into ment Advisers Act of 1940, the Commission shall issue regulations to ensure, to the ex- a credit default swap to obtain a payoff from shall issue rules to provide, in substance, tent practicable, that the enforcement op- a third party (commonly referred to as the that the standards of conduct for all brokers, tions and remedies available for violations of ‘protection seller’) upon the occurrence of dealers, and investment advisers, in pro- the standard of conduct applicable to a one or more credit events. viding investment advice about securities to broker or dealer providing investment advice ‘‘(D) REFERENCE ENTITY.—The term ‘ref- retail customers, shall be to act in the inter- to a customer are commensurate with those erence entity’ means any borrower, such as a est of the customer, without regard to the fi- enforcement options and remedies available corporation, State, municipality, sovereign nancial or other interest of the broker, deal- for violations of the standard of conduct ap- entity, or special purpose entity, which has er, or investment adviser providing the ad- plicable to investment advisers under the In- issued a public debt obligation or obtained a vice. vestment Advisers Act of 1940.’’.

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.071 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3730 CONGRESSIONAL RECORD — SENATE May 13, 2010 (b) AMENDMENT TO INVESTMENT ADVISERS to carry out the authorities granted to the tices, and for other purposes; which ACT OF 1940.—Section 211 of the Investment Bureau under Federal consumer financial was ordered to lie on the table; as fol- Advisers Act of 1940 (15 U.S.C. 80b–11) is law, from the date of enactment of this Act lows: amended by adding at the end the following: until the designated transfer date, which ‘‘(f) STANDARDS OF CONDUCT.— amount may not exceed 8 percent of the On page 1455, line 25, strike the period at ‘‘(1) IN GENERAL.—Notwithstanding any total operating expenses of the Federal Re- the end and insert the following: ‘‘. other provision of this title or the Securities serve System, as reported in the Annual Re- SEC. 1077. TREATMENT OF REVERSE MORT- Exchange Act of 1934, the Commission shall port, 2006, of the Board of Governors. promulgate rules to provide that the stand- GAGES. ards of conduct for all brokers, dealers, and SA 4011. Mr. BURRIS submitted an (a) IN GENERAL.—The Director shall exam- investment advisers, in providing invest- amendment intended to be proposed to ine the practices of covered persons in con- ment advice to retail customers, shall be to amendment SA 3739 proposed by Mr. nection with any reverse mortgage trans- act in the best interest of the customer, REID (for Mr. DODD (for himself and action (as defined in section 103(bb) of the without regard to the financial or other in- Mrs. LINCOLN)) to the bill S. 3217, to Truth in Lending Act (15 U.S.C. 1602)) and terest of the broker, dealer, or investment promote the financial stability of the shall prescribe regulations identifying any adviser providing the advice. United States by improving account- acts or practices as unlawful, unfair, decep- ‘‘(2) RETAIL CUSTOMER DEFINED.—For pur- tive, or abusive in connection with a reverse poses of this subsection, the term ‘retail cus- ability and transparency in the finan- cial system, to end ‘‘too big to fail’’, to mortgage transaction or the offering of a re- tomer’ means a natural person, or the legal verse mortgage. representative of such natural person, who— protect the American taxpayer by end- ‘‘(A) receives personalized investment ad- ing bailouts, to protect consumers (b) REGULATIONS.—In prescribing regula- vice about securities from a broker or dealer; from abusive financial services prac- tions under subsection (a), the Director shall and tices, and for other purposes; which ensure that such regulations shall— ‘‘(B) uses such advice primarily for per- (1) include requirements for— was ordered to lie on the table; as fol- (A) the purpose of preventing unlawful, un- sonal, family, or household purposes. lows: ‘‘(g) OTHER MATTERS.— fair, deceptive or abusive acts and practices ‘‘(1) IN GENERAL.—The Commission shall— On page 104, line 24, insert before the pe- in connection with a reverse mortgage trans- ‘‘(A) facilitate the provision of clear, ap- riod the following: ‘‘, and shall require such action; and propriate disclosures to customers regarding companies to update their resolution plans (B) the purpose of providing timely, appro- the terms of their relationships with, mate- required under subsection (d)(1), as the Board priate, and effective disclosures to con- rial conflicts of interest of, and direct and of Governors determines appropriate, based sumers in connection with a reverse mort- indirect compensation to, brokers, dealers, on the results of the analyses’’. gage transaction that incorporate the re- and investment advisers; and SA 4012. Mrs. SHAHEEN (for herself, quirements of section 138 of the Truth in Lending Act (15 U.S.C. 1648), and otherwise ‘‘(B) examine and, where appropriate, pro- Mr. BROWN of Massachusetts, Mr. mulgate rules regulating sales practices, are consistent with requirements prescribed KERRY, Mr. GREGG, and Mr. NELSON of conflicts of interest, and compensation by the Director in connection with other schemes for financial intermediaries (includ- Nebraska) submitted an amendment in- consumer mortgage products or services ing brokers, dealers, and investment advis- tended to be proposed to amendment under this title; ers) that the Commission deems contrary to SA 3739 proposed by Mr. REID (for Mr. (2) with respect to the requirements under the public interest and the interests of inves- DODD (for himself and Mrs. LINCOLN)) paragraph (1), be consistent with require- tors.’’. to the bill S. 3217, to promote the fi- ments prescribed by the Director in connec- nancial stability of the United States tion with other consumer mortgage products SA 4010. Mr. SHELBY submitted an or services under this title; and amendment intended to be proposed to by improving accountability and trans- parency in the financial system, to end (3) provide for an integrated disclosure amendment SA 3739 proposed by Mr. standard and model disclosures for reverse ‘‘too big to fail,’’ to protect the Amer- REID (for Mr. DODD (for himself and mortgage transactions, that combines the Mrs. LINCOLN)) to the bill S. 3217, to ican taxpayer by ending bailouts, to relevant disclosures required under the promote the financial stability of the protect consumers from abusive finan- Truth in Lending Act (15 U.S.C. 1601 et seq.) United States by improving account- cial services practices, and for other and the Real Estate Settlement Procedures ability and transparency in the finan- purposes; which was ordered to lie on Act of 1974 (12 U.S.C. 2601 et seq.), with the the table; as follows: disclosures required to be provided to con- cial system, to end ‘‘too big to fail’’, to sumers for home equity conversion mort- protect the American taxpayer by end- On page 295, between lines 19 and 20, insert the following: gages under section 255 of the National Hous- ing bailouts, to protect consumers (t) TREATMENT OF CERTAIN NONBANK FINAN- ing Act (12 U.S.C. 12 U.S.C. 1715z–20). from abusive financial services prac- CIAL COMPANIES NOT SUBJECT TO ORDERLY (c) CONSULTATION.—In connection with the tices, and for other purposes; which LIQUIDATION.— issuance of any regulations under this sec- was ordered to lie on the table; as fol- (1) IN GENERAL.—Subsections (n) and (o) tion, the Director shall consult with the Fed- lows: shall not apply to any nonbank financial eral banking agencies, State bank super- On page 1223, strike line 9 and all that fol- company that is subject to liquidation or re- visors, the Federal Trade Commission, and lows through page 1225, line 3 and insert the habilitation under State law, unless such the Department of Housing and Urban Devel- following: company— opment, as appropriate, to ensure that any (a) ANNUAL ASSESSMENTS.— (A) is determined to be a nonbank financial proposed regulation— (1) IN GENERAL.—The Bureau shall estab- company supervised by the Board of Gov- (1) imposes substantially similar require- lish, by rule, a system of assessments to fund ernors pursuant to section 113; or ments on all covered persons; and the operations of the Bureau. Such rules (B) is determined by the Corporation to (2) is consistent with prudential, consumer shall apply only to those covered persons have benefitted financially from the orderly protection, civil rights, market or systemic having total consolidated assets of more liquidation of a covered financial company objectives administered by such agencies or than $50,000,000,000, and shall require annual and the use of the Fund under this title by supervisors. assessments from each such covered person. receiving payments or credit pursuant to (2) FUNDING CAP.—Notwithstanding para- subsection (b)(4), (d)(4), or (h)(5)(E). (d) DEADLINE FOR RULEMAKING.—The Direc- graph (1), and in accordance with this para- (2) EXCLUSION OF ASSETS.—Any assets of a tor shall commence the rulemaking required graph, the amount that shall be collected by nonbank financial company described in under subsection (a) not later than 12 the Bureau through assessments in each fis- paragraph (1) shall be excluded for purposes months after the date of enactment of this cal year shall not exceed a fixed percentage of calculating a financial company’s total Act. of the total operating expenses of the Fed- consolidated assets under subsection (o). eral Reserve System, as reported in the An- SA 4014. Mrs. MCCASKILL (for her- nual Report, 2006, of the Board of Governors, SA 4013. Mrs. MCCASKILL submitted equal to— an amendment intended to be proposed self and Mr. KOHL) submitted an (A) 10 percent of such expenses in fiscal to amendment SA 3739 proposed by Mr. amendment intended to be proposed to year 2011; REID (for Mr. DODD (for himself and amendment SA 3739 proposed by Mr. (B) 11 percent of such expenses in fiscal Mrs. LINCOLN)) to the bill S. 3217, to REID (for Mr. DODD (for himself and year 2012; and promote the financial stability of the Mrs. LINCOLN)) to the bill S. 3217, to (C) 12 percent of such expenses in fiscal United States by improving account- promote the financial stability of the year 2013, and in each fiscal year thereafter. ability and transparency in the finan- United States by improving account- (3) TRANSITION PERIOD.—Beginning on the date of enactment of this Act and until the cial system, to end ‘‘too big to fail,’’ to ability and transparency in the finan- designated transfer date, the Board of Gov- protect the American taxpayer by end- cial system, to end ‘‘too big to fail’’, to ernors shall transfer to the Bureau the ing bailouts, to protect consumers protect the American taxpayer by end- amount estimated by the Secretary needed from abusive financial services prac- ing bailouts, to protect

VerDate Mar 15 2010 05:20 May 14, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.069 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3731 consumers from abusive financial serv- sumers for home equity conversion mort- (d) DEADLINE FOR RULEMAKING.—The Direc- ices practices, and for other purposes; gages under section 255 of the National Hous- tor shall commence the rulemaking required which was ordered to lie on the table; ing Act (12 U.S.C. 1715z–20); under subsection (a) not later than 12 as follows: (4) prohibit any person from advertising a months after the date of enactment of this reverse mortgage in a manner that— Act. On page 1455, line 25, strike the period at (A) is false or misleading; the end and insert the following: ‘‘. (B) fails to present equally the risks and SA 4015. Mr. VITTER submitted an SEC. 1077. TREATMENT OF REVERSE MORT- benefits of reverse mortgages; or amendment intended to be proposed by GAGES. (C) fails to reveal— (a) IN GENERAL.—The Director shall exam- Mr. LEAHY (for himself, Mr. DURBIN, (i) negative facts that are material to a ine the practices of covered persons in con- Mr. ROCKEFELLER, Mr. SCHUMER, Mrs. representation made in such advertisement; nection with any reverse mortgage trans- FEINSTEIN, Mr. SPECTER, Mr. (ii) facts relating to the responsibilities of action (as defined in section 103(bb) of the WHITEHOUSE, Ms. CANTWELL, Mr. KAUF- Truth in Lending Act (15 U.S.C. 1602)) and the mortgagor for property taxes, insurance, maintenance, or repairs and the con- MAN, Mrs. GILLIBRAND, Mr. WYDEN, Mr. shall prescribe regulations identifying any BROWN of Ohio, Mr. LIEBERMAN, Mr. acts or practices as unlawful, unfair, decep- sequences of failing to meet such responsibil- BURRIS, Mrs. MCCASKILL, Mr. FRANKEN, tive, or abusive in connection with a reverse ities, including default and foreclosure; mortgage transaction or the recommenda- (iii) the consequences of obtaining a re- Mr. BENNET, Mr. FEINGOLD, Mr. LAU- tion or offering of a reverse mortgage. verse mortgage; or TENBERG, Mr. WEBB, Mrs. BOXER, and (b) REGULATIONS.—In prescribing regula- (iv) any forms of default that might lead to Ms. LANDRIEU) to the amendment SA tions under subsection (a), the Director shall foreclosure; 3739 proposed by Mr. REID (for Mr. (5) prohibit a person from requiring or rec- ensure that such regulations shall— DODD (for himself and Mrs. LINCOLN)) (1) include requirements for the purpose ommending that a mortgagor purchase in- surance (except for title, flood, and other to the bill S. 3217, to promote the fi- of— nancial stability of the United States (A) preventing unlawful, unfair, deceptive peril insurance, as determined by the Direc- or abusive acts and practices in connection tor), an annuity, or other similar product in by improving accountability and trans- with a reverse mortgage transaction (includ- connection with a reverse mortgage; parency in the financial system, to end ing the solicitation or recommendation of a (6) require that each reverse mortgage pro- ‘‘too big to fail’’, to protect the Amer- reverse mortgage transaction); vide that prepayment, in whole or in part, ican taxpayer by ending bailouts, to (B) providing timely, appropriate, and ef- may be made without penalty at any time protect consumers from abusive finan- fective disclosures to consumers in connec- during the period of the mortgage; cial services practices, and for other tion with a reverse mortgage transaction (7) require that any mortgagor under a re- verse mortgage receive adequate counseling, purposes; which was ordered to lie on that incorporate the requirements of section the table; as follows: 138 of the Truth in Lending Act (15 U.S.C. including— 1648), and otherwise are consistent with re- (A) in the case of a reverse mortgage in At the end of the amendment, insert the quirements prescribed by the Director in which a person was removed from the title to following: connection with other consumer mortgage the dwelling, information about— SEC. lll. SUSPENSION OF THE HEALTH CARE products or services under this title; (i) the consequences of being removed from ACT. (C) making a determination of the suit- such title; and If at the beginning of any fiscal year OMB ability of a reverse mortgage for a con- (ii) the consequences upon the death of the determines that the deficit targets set forth sumer— mortgagor or a divorce settlement; in the CBO budget report of March 20, 2010 (i) creating a presumption of unsuitability, (B) general information about the poten- will not be met, the provisions of Public Law if— tial consequences of borrowing more funds 111–148 shall be suspended for that year. (I) the mortgagor plans to use the funds than are necessary to meet the immediate obtained from the reverse mortgage to pur- personal financial goals of the mortgagor; SA 4016. Mr. UDALL of Colorado (for chase an annuity or make an investment; (C) the responsibilities of the mortgagor himself, Mr. LUGAR, Mr. LAUTENBERG, (II) the mortgagor is married and the relating to property taxes, insurance, main- Mr. BOND, Mr. BEGICH, Mr. SCHUMER, spouse of the mortgagor is not a party to the tenance, and repairs and the consequences of and Mr. LEVIN) submitted an amend- mortgage; or failing to meet such responsibilities, includ- ment intended to be proposed to (III) a person is removed from the title to ing default and foreclosure; amendment SA 3739 proposed by Mr. (D) an explanation of the actions that the dwelling in the process of obtaining the REID (for Mr. DODD (for himself and reverse mortgage; and would constitute a default under the terms Mrs. LINCOLN)) to the bill S. 3217, to (ii) taking into consideration— of the reverse mortgage and how a default (I) whether the mortgagor intends to reside might lead to foreclosure; promote the financial stability of the in the property on a long-term basis; (E) an explanation of the circumstances, if United States by improving account- (II) if the mortgagor is married or has a de- any, under which the mortgagor, an heir of ability and transparency in the finan- pendent, the potential impact of a reverse the mortgagor, or the estate of the mort- cial system, to end ‘‘too big to fail,’’ to mortgage on the future economic security of gagor, would be liable for any amount by protect the American taxpayer by end- the spouse or dependent of the mortgagor which the amount of the indebtedness of the ing bailouts, to protect consumers and all tenants of the home; mortgagor under the reverse mortgage ex- ceeds the appraised value of the dwelling se- from abusive financial services prac- (III) whether a reverse mortgage will affect tices, and for other purposes; which the eligibility of the mortgagor to receive curing the mortgage upon termination of the Government benefits; mortgage; was ordered to lie on the table; as fol- (IV) whether the mortgagor intends to pass (F) an explanation of the circumstances, if lows: the residence to an heir and the ability of any, under which the spouse, heir, or estate On page 1455, after line 25, insert the fol- such heir to repay the reverse mortgage of the mortgagor would be prevented from lowing: loan; purchasing the dwelling securing the mort- SEC. 1077. USE OF CONSUMER REPORTS. (V) whether a resident of the home who is gage upon termination of the mortgage; and Section 615 of the Fair Credit Reporting not the mortgagor could be displaced at the (G) any other information that the Direc- Act (15 U.S.C. 1681m) is amended— maturity of the reverse mortgage against tor may require; and (1) in subsection (a)— the wishes of the mortgagor, and, if any such (8) require that any person that provides (A) by redesignating paragraphs (2) and (3) resident is disabled, the consequences of the counseling to a mortgagor under a reverse as paragraphs (3) and (4), respectively; displacement for such resident; and mortgage report to the Bureau any suspected (B) by inserting after paragraph (1) the fol- (VI) any other circumstances, as the Direc- mortgage-related fraud against a mortgagor. lowing: tor may require; (c) CONSULTATION.—In connection with the ‘‘(2) provide to the consumer written or (2) with respect to the requirements under issuance of any regulations under this sec- electronic disclosure— paragraph (1), be consistent with require- tion, the Director shall consult with the Fed- ‘‘(A) of a numerical credit score as defined ments prescribed by the Director in connec- eral banking agencies, State bank super- in section 609(f)(2)(A) used by such person in tion with other consumer mortgage products visors, the Federal Trade Commission, and taking any adverse action based in whole or or services under this title; the Department of Housing and Urban Devel- in part on any information in a consumer re- (3) provide for an integrated disclosure opment, as appropriate, to ensure that any port; and standard and model disclosures for reverse proposed regulation— ‘‘(B) of the information set forth in sub- mortgage transactions, that combines the (1) imposes substantially similar require- paragraphs (B) through (E) of section relevant disclosures required under the ments on all covered persons; and 609(f)(1);’’; and Truth in Lending Act (15 U.S.C. 1601 et seq.) (2) is consistent with prudential, consumer (C) in paragraph (4) (as so redesignated), by and the Real Estate Settlement Procedures protection, civil rights, market, or systemic striking ‘‘paragraph (2)’’ and inserting Act of 1974 (12 U.S.C. 2601 et seq.), with the objectives administered by such agencies or ‘‘paragraph (3)’’; and disclosures required to be provided to con- supervisors. (2) in subsection (h)(5)—

VerDate Mar 15 2010 04:50 May 14, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.086 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3732 CONGRESSIONAL RECORD — SENATE May 13, 2010 (A) in subparagraph (C), by striking ‘‘; SA 4019. Mr. DODD (for Mr. WYDEN ator removed from a calendar to which it and’’ and inserting a semicolon; (for himself, Mr. GRASSLEY, Mr. was added under subsection (b) by submit- (B) in subparagraph (D), by striking the pe- INHOFE, Mr. BENNET, Mr. UDALL of Col- ting for inclusion in the Congressional riod and inserting ‘‘; and’’; and Record the following notice: orado, Mr. BROWN of Ohio, Mr. (C) by inserting at the end the following: ‘‘I, Senator lllll, do not object to ‘‘(E) include a statement informing the MERKLEY, and Ms. COLLINS)) proposed lllllll, dated lllll.’’ The first consumer of— an amendment to amendment SA 3739 blank shall be filled with the name of the ‘‘(i) a numerical credit score as defined in proposed by Mr. REID (for Mr. DODD (for Senator, the second blank shall be filled with section 609(f)(2)(A), used by such person in himself and Mrs. LINCOLN)) to the bill the name of the covered request, the name of connection with the credit decision described S. 3217, to promote the financial sta- the measure or matter and, if applicable, the in paragraph (1) based in whole or in part on bility of the United States by improv- calendar number, and the third blank shall any information in a consumer report; and ing accountability and transparency in be filled with the date of the submission to ‘‘(ii) the information set forth in subpara- the financial system, to end ‘‘too big to the Congressional Record under this sub- graphs (B) through (E) of section 609(f)(1).’’. section. fail’’, to protect the American taxpayer (d) OBJECTING ON BEHALF OF A MEMBER.—If SA 4017. Mr. ENZI (for himself and by ending bailouts, to protect con- a Senator who has notified his or her leader Ms. MURKOWSKI) submitted an amend- sumers from abusive financial services of an intent to object to a covered request ment intended to be proposed to practices, and for other purposes; fails to submit a notice of intent to object amendment SA 3739 proposed by Mr. which was ordered to lie on the table; under subsection (a)(2)(B) within 2 session REID (for Mr. DODD (for himself and as follows: days following an objection to a covered re- quest by the leader or his or her designee on Mrs. LINCOLN)) to the bill S. 3217, to At the end of the amendment, insert the that Senator’s behalf, the Legislative Clerk following: promote the financial stability of the shall list the Senator who made the objec- SEC. ll. ELIMINATING SECRET SENATE HOLDS. United States by improving account- tion to the covered request in the applicable (a) IN GENERAL.— ability and transparency in the finan- ‘‘Notice of Intent to Object to Proceeding’’ (1) COVERED REQUEST.—This standing order cial system, to end ‘‘too big to fail,’’ to calendar section. protect the American taxpayer by end- shall apply to a notice of intent to object to the following covered requests: SA 4020. Mr. CRAPO (for himself, Mr. ing bailouts, to protect consumers (A) A unanimous consent request to pro- from abusive financial services prac- ceed to a bill, resolution, joint resolution, GREGG, Mr. SHELBY, Mr. MCCAIN, Mr. tices, and for other purposes; which concurrent resolution, conference report, or VITTER, Mrs. HUTCHISON, and Mr. CORK- was ordered to lie on the table; as fol- amendment between the Houses. ER) submitted an amendment intended lows: (B) A unanimous consent request to pass a to be proposed by him to the bill S. On page 1257, after line 25, insert the fol- bill or joint resolution or adopt a resolution, 3217, to promote the financial stability lowing: concurrent resolution, conference report, or of the United States by improving ac- (g) WILLIAM D. FORD FEDERAL DIRECT LOAN the disposition of an amendment between countability and transparency in the PROGRAM.— the Houses. financial system, to end ‘‘too big to (C) A unanimous consent request for dis- (1) IN GENERAL.—Notwithstanding any fail,’’ to protect the American taxpayer other provision of this title, this section position of a nomination. shall apply to any Federal contractor, agent, (2) RECOGNITION OF NOTICE OF INTENT.—The by ending bailouts, to protect con- or employee involved in originating, serv- majority and minority leaders of the Senate sumers from abusive financial services icing, debt collection, refinancing, or other or their designees shall recognize a notice of practices, and for other purposes; consumer related activity relating to a loan intent to object to a covered request of a which was ordered to lie on the table; under the William D. Ford Federal Direct Senator who is a member of their caucus if as follows: Loan Program under part D of title IV of the the Senator— At the end of the bill, add the following: Higher Education Act of 1965 (20 U.S.C. 1087a (A) submits the notice of intent to object TITLE XIII—FANNIE MAE AND FREDDIE et seq.). in writing to the appropriate leader and MAC (2) DEFINITIONS.—For purposes of carrying grants in the notice of intent to object per- out this title— mission for the leader or designee to object Subtitle A—Ending Bailouts (A) the term ‘‘covered person’’ includes in the Senator’s name; and SEC. 1311. SHORT TITLE. any person acting as a contractor, agent, or (B) not later than 2 session days after sub- This subtitle may be cited as the ‘‘Ending employee of the Federal Government in pro- mitting the notice of intent to object to the Bailouts of Fannie Mae and Freddie Mac viding a loan under the William D. Ford Fed- appropriate leader, submits a copy of the no- Act’’. eral Direct Loan Program; tice of intent to object to the Congressional SEC. 1312. REESTABLISHING THE MAXIMUM AG- (B) the term ‘‘enumerated consumer laws’’ Record and to the Legislative Clerk for in- GREGATE AMOUNT PERMITTED TO includes any provision of the Higher Edu- clusion in the applicable calendar section de- BE PROVIDED BY THE TAXPAYERS cation Act of 1965 (20 U.S.C. 1001 et seq.) re- scribed in subsection (b). TO FANNIE MAE AND FREDDIE MAC. lating to such program; and (3) FORM OF NOTICE.—To be recognized by Section 1367(b)(2) of the Federal Housing (C) the term ‘‘financial product or service’’ the appropriate leader a Senator shall sub- Enterprises Financial Safety and Soundness includes a loan under such program. mit the following notice of intent to object: Act of 1992 (12 U.S.C. 4617(b)(2)) is amended ‘‘I, Senator lllllll, intend to object by adding at the end the following new sub- SA 4018. Mr. ENZI submitted an to llllllll, dated lllllll. I will paragraph: amendment intended to be proposed to submit a copy of this notice to the Legisla- ‘‘(L) REESTABLISHMENT OF TAXPAYER FUND- amendment SA 3739 proposed by Mr. tive Clerk and the Congressional Record ING CAPS.—The Agency, as conservator, shall prevent a regulated entity from requesting REID (for Mr. DODD (for himself and within 2 session days and I give my permis- sion to the objecting Senator to object in my or receiving any funds from the United Mrs. LINCOLN)) to the bill S. 3217, to name.’’ The first blank shall be filled with States Department of the Treasury, as part promote the financial stability of the the name of the Senator, the second blank of the Amended and Restated Senior Pre- United States by improving account- shall be filled with the name of the covered ferred Stock Purchase Agreement, dated as ability and transparency in the finan- request, the name of the measure or matter of September 26, 2008, amended May 6, 2009, cial system, to end ‘‘too big to fail’’, to and, if applicable, the calendar number, and and further amended December 24, 2009, be- protect the American taxpayer by end- the third blank shall be filled with the date tween the United State Department of the ing bailouts, to protect consumers that the notice of intent to object is sub- Treasury and the Federal Home Loan Mort- from abusive financial services prac- mitted. gage Corporation, or the Federal National (b) CALENDAR.—Upon receiving the submis- Mortgage Association, that exceeds a max- tices, and for other purposes; which sion under subsection (a)(2)(B), the Legisla- imum aggregate amount of $200,000,000,000.’’. was ordered to lie on the table; as fol- tive Clerk shall add the information from SEC. 1313. REESTABLISHING SCHEDULED REDUC- lows: the notice of intent to object to the applica- TION OF MORTGAGE ASSETS OWNED On page 1290, line 4, strike ‘‘respectively.’’ ble Calendar section entitled ‘‘Notices of In- BY FANNIE MAE AND FREDDIE MAC. insert the following: ‘‘respectively. tent to Object to Proceeding’’ created by Section 1367(b)(2) of the Federal Housing (s) CONSUMER PRIVACY.—Notwithstanding Public Law 110–81. Each section shall include Enterprises Financial Safety and Soundness any other provision of this Act, any provi- the name of each Senator filing a notice Act of 1992 (12 U.S.C. 4617(b)(2)) is amended sion of the enumerated consumer laws, or under subsection (a)(2)(B), the measure or by adding at the end the following new sub- any other provision of Federal law, the Bu- matter covered by the calendar to which the paragraph: reau may not investigate an individual notice of intent to object relates, and the ‘‘(M) REDUCTION OF OWNED MORTGAGE AS- transaction to which a consumer is a party date the notice of intent to object was filed. SETS.— without the written permission of the con- (c) REMOVAL.—A Senator may have a no- ‘‘(i) IN GENERAL.—The Agency, as conser- sumer. tice of intent to object relating to that Sen- vator, shall ensure that a regulated entity

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.079 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3733 does not own, as of any applicable date, mechanism is being applied to protect the SEC. 1322. BUDGETARY TREATMENT OF FANNIE mortgage assets in excess of 90.0 percent of United States taxpayer; MAE AND FREDDIE MAC. the aggregate amount of mortgage assets ‘‘(hh) a list and description of risk manage- All costs to the Government of the activi- that the regulated entity owned on Decem- ment practices by each enterprise to protect ties of or under the Federal National Mort- ber 31 of each of the previous year, provided, United States taxpayer dollars, and the dif- gage Association, Federal Home Loan Mort- that in no event shall the regulated entity be ferences between each enterprises practices gage Corporation and any functional replace- required under this subparagraph to own less in such regard, including whether there are ments or any modification of such entities than $250,000,000,000 in mortgage assets. any investigations into the accounting prac- shall be determined on a fair value basis. ‘‘(ii) DEFINITION OF MORTGAGE ASSETS.—For tices of either enterprise; SEC. 1323. FANNIE MAE AND FREDDIE MAC DEBT purposes of this subparagraph, the term ‘‘(ii) a list and description of any inter- SUBJECT TO PUBLIC DEBT LIMIT. ‘mortgage assets’ means with respect to a action between the Department of the Treas- (a) IN GENERAL.—For purposes of section regulated entity, assets of such entity con- ury and the mortgage portfolio of any other 3101(b) of chapter 31 of title 31, United States sisting of mortgages, mortgage loans, mort- Government entity and its effect on each en- Code, the face amount of obligations issued gage-related securities, participation certifi- terprise; by the Federal National Mortgage Associa- cates, mortgage-backed commercial paper, ‘‘(jj) an updated disclosure of any taxpayer tion and by the Federal Home Loan Mort- obligations of real estate mortgage invest- funds provided for and at risk to each enter- gage Corporation or any functional replace- ment conduits and similar assets, in each prise from the Department of the Treasury; ments and outstanding shall be treated as case to the extent such assets would appear and issued by the United States Government on the balance sheet of such entity in ac- ‘‘(kk) an updated disclosure of the debt ac- under that section. cordance with generally accepted accounting tivity by each enterprise and the sensitivity (b) TEMPORARY INCREASE IN THE PUBLIC principles.’’. to any interest rate changes. DEBT LIMIT.—The limit on the obligation in SEC. 1314. ENSURING CONGRESSIONAL REVIEW ‘‘(iii) TESTIMONY REQUIRED IF FUNDING LIMI- section 3101(b) of title 31, United States FOR AGREEMENTS INCREASING TAX- TATION EXCEEDED.—The Director shall report Code, shall be increased by the face amount PAYER RISK. to and testify before the Committee on of obligations issued by the Federal National Section 1367(b)(2) of the Federal Housing Banking, Housing, and Urban Affairs of the Mortgage Association and the Federal Home Enterprises Financial Safety and Soundness Senate and the Committee on Financial Loan Mortgage Corporation and outstanding Act of 1992 (12 U.S.C. 4617(b)(2)), as amended Services of the House of Representatives if on April 15, 2010. by sections 1203 and 1204, is further amended either the Federal Home Loan Mortgage Cor- (c) EXPIRATION.— by adding at the end the following new sub- poration or the Federal National Mortgage (1) OBLIGATIONS.—The obligations of Fed- paragraph: Association requests amounts from the Di- eral National Mortgage Association or Fed- eral Home Loan Mortgage Corporation or ‘‘(N) AGREEMENTS.— rector in excess of the limitation established any functional replacements shall continue ‘‘(i) IN GENERAL.—The Agency, as conser- under subparagraphs (L) and (M).’’. vator or receiver, may enter into agreements SEC. 1315. CONGRESSIONAL TESTIMONY. to be treated as issued by the United States that are consistent with its appointment as The Director of the Federal Housing Fi- Government with respect to such entities conservator or receiver with the regulated nance Agency and the Secretary shall report until such entities no longer have in place an entity and that expire prior to, or upon, the to and testify before the Committee on agreement with the Secretary of the Treas- regulated entity’s emergence from con- Banking, Housing, and Urban Affairs of the ury for the purchase of obligations and secu- servatorship or receivership provided— Senate and the Committee on Financial rities authorized by the Housing and Eco- ‘‘(I) the agreement does not expose the Services of the House of Representatives nomic Recovery Act of 2008 (Public Law 110– United States taxpayers to additional risk; each time that $10,000,000,000 of funds are ex- 289) or any successor statute. and pended pursuant to the Amended and Re- (2) DEBT LIMIT.—Any temporary increase in ‘‘(II) the agreement was approved by Con- stated Senior Preferred Stock Purchase the public debt limit authorized in sub- gress pursuant to clause (ii). Agreements, dated September 26, 2008, as section (b) with respect to the obligations of Federal National Mortgage Association or ‘‘(ii) PROCEDURE FOR CONGRESSIONAL AP- amended May 6, 2009. The testimony required Federal Home Loan Mortgage Corporation PROVAL.— under this section shall include the reasons shall be reversed with respect to such enti- ‘‘(I) IN GENERAL.—Notwithstanding clause why such additional expenditure of taxpayer (i), the Agency may enter into, on an interim funds is necessary. ties when Federal National Mortgage Asso- basis, an agreement, even if the agreement SEC. 1316. INTERNET POSTING BY THE SEC- ciation or Federal Home Loan Mortgage Cor- exposes the taxpayer to additional risk, in- RETARY. poration or any functional replacements no cluding if such agreement exceeds the limi- The Secretary shall post, on the front page longer have in place an agreement with the tations established under subparagraphs (L) of the website of the Department of the Secretary of the Treasury for the purchase of and (M), if such an agreement— Treasury— obligations and securities authorized by the ‘‘(aa) is deemed necessary by the Agency, (1) the aggregate portfolio holdings of each Housing and Economic Recovery Act of 2008 based upon the Agency’s duties as conser- enterprise; and (Public Law 110–289) or any successor stat- vator or receiver; and (2) a weekly summary of taxpayer funds ute. ‘‘(bb) is approved by Congress through provided for and at risk to each enterprise, SEC. 1324. DEFINITIONS. adoption of a concurrent resolution of ap- based on any interest rate changes. In this subtitle, the following definitions proval, not more than 120 days after the later Subtitle B—Fannie Mae and Freddie Mac in shall apply: of— the Federal Budget (1) FAIR VALUE.—The term ‘‘fair value’’ ‘‘(AA) the signing of the agreement; or SEC. 1321. ON-BUDGET STATUS OF FANNIE MAE shall have the same meaning as the defini- ‘‘(BB) the date of enactment of the Ending AND FREDDIE MAC. tion of fair value outlined in Financial Ac- Bailouts of Fannie Mae and Freddie Mac Act. (a) IN GENERAL.—Notwithstanding any counting Standards No. 157, or any successor ‘‘(II) REQUIRED SUBMISSIONS FOR CONGRES- other provision of law, the receipts and dis- thereto, issued by the Financial Accounting SIONAL REVIEW.—During the 120-day period bursements, including the administrative ex- Standards Board. described under subclause (I), the Director penses, of the Federal National Mortgage As- (2) FUNCTIONAL REPLACEMENTS.—The term shall submit to Congress— sociation and the Federal Home Loan Mort- ‘‘functional replacements’’ means any orga- ‘‘(aa) the text of the agreement; gage Corporation shall be counted as new nization, agreement, or other arrangement ‘‘(bb) a certification and justification of budget authority, outlays, receipts, or def- that would perform the public functions of how the agreement is consistent with the icit or surplus for purposes of— Federal National Mortgage Association or Agency’s duties as conservator or receiver; (1) the Budget of the United States Govern- Federal Home Loan Mortgage Corporation. ‘‘(cc) budgetary projections demonstrating ment as submitted by the President; (3) MODIFICATION.— the cost to the taxpayer in a 1, 5, and 10-year (2) the congressional budget; (A) IN GENERAL.—The term ‘‘modification’’ window; (3) the Statutory Pay-As-You-Go Act of means any government action that alters ‘‘(dd) independent risk analysis from the 2010; and the estimated fair value of the activities of Government Accountability Office of the (4) the Balanced Budget and Emergency the Federal National Mortgage Association agreement, considering the risk to the short Deficit Control Act of 1985 (or any successor or Federal Home Loan Mortgage Corporation and long-term viability of the regulated en- statute). or any functional replacements. tity and the United States taxpayer; (b) EXPIRATION.—The budgetary treatment (B) COST.—The cost of a modification is the ‘‘(ee) a time table for the expiration of the of the Federal National Mortgage Associa- difference between the current estimate of agreement; tion or Federal Home Loan Mortgage Cor- the fair value of the activities of the Federal ‘‘(ff) a list and description of assets in- poration or any functional replacements National Mortgage Association or Federal cluded within each enterprises portfolio, in- under subsection (a) shall continue with re- Home Loan Mortgage Corporation or any cluding gross size of each enterprises port- spect to such entities until such entities are functional replacements and the estimate of folio and a detailed explanation of the com- no longer under Federal conservatorship or the fair value of such activities as modified. ponents; receivership as authorized by the Housing ‘‘(gg) the prices that each enterprise is and Economic Recovery Act of 2008 (Public SA 4021. Mr. GREGG submitted an paying on delinquent mortgages, and what Law 110–289) or any successor statute. amendment intended to be proposed to

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.078 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3734 CONGRESSIONAL RECORD — SENATE May 13, 2010 amendment SA 3739 proposed by Mr. the Securities and Exchange Commission fail On page 803, between lines 19 and 20, insert REID (for Mr. DODD (for himself and to jointly prescribe rules pursuant to sub- the following: Mrs. LINCOLN)) to the bill S. 3217, to paragraph (C) in a timely manner, at the re- ‘‘(G) FINANCIAL STABILITY OVERSIGHT COUN- promote the financial stability of the quest of either the Commission or the Secu- CIL.—In the event that the Commission and rities and Exchange Commission, the Finan- the Commodity Futures Trading Commission United States by improving account- cial Stability Oversight Council shall resolve fail to jointly prescribe rules pursuant to ability and transparency in the finan- the dispute— subparagraph (C) in a timely manner, at the cial system, to end ‘‘too big to fail’’, to ‘‘(i) within a reasonable time after receiv- request of either the Commission or the protect the American taxpayer by end- ing the request; Commodity Futures Trading Commission, ing bailouts, to protect consumers ‘‘(ii) after consideration of relevant infor- the Financial Stability Oversight Council from abusive financial services prac- mation provided by the Commission and the shall resolve the dispute— tices, and for other purposes; which Securities and Exchange Commission; and ‘‘(i) within a reasonable time after receiv- was ordered to lie on the table; as fol- ‘‘(iii) by agreeing with the Commission or ing the request; the Securities and Exchange Commission re- ‘‘(ii) after consideration of relevant infor- lows: garding the entirety of the matter or by de- mation provided by the Commission and the On page 623, line 14, insert ‘‘, including termining a compromise position.’’. Commodity Futures Trading Commission; price and volume,’’ after ‘‘transaction’’. On page 800, line 15, insert ‘‘, including and On page 623, line 16, insert ‘‘, consistent price and volume,’’ after ‘‘transaction’’. ‘‘(iii) by agreeing with the Commission or with joint rules adopted by the Commission’’ On page 800, line 18, insert ‘‘, consistent the Commodity Futures Trading Commission after ‘‘executed’’. with joint rules adopted by the Commission’’ regarding the entirety of the matter or by On page 623, line 18, insert ‘‘and the Securi- after ‘‘executed’’. determining a compromise position.’’. ties and Exchange Commission’’ after ‘‘Com- On page 800, line 20, insert ‘‘and the Com- mission’’. modity Futures Trading Commission’’ after SA 4022. Mr. GREGG submitted an On page 623, line 21, insert ‘‘and the Securi- ‘‘Commission’’. amendment intended to be proposed to ties and Exchange Commission’’ after ‘‘Com- On page 800, line 23, insert ‘‘and the Com- amendment SA 3739 proposed by Mr. mission’’. modity Futures Trading Commission’’ after REID (for Mr. DODD (for himself and On page 623, line 23, strike ‘‘is’’ and insert ‘‘Commission’’. Mrs. LINCOLN)) to the bill S. 3217, to ‘‘and the Securities and Exchange Commis- On page 801, line 1, insert ‘‘and required to promote the financial stability of the sion are’’. engage in joint rulemaking to jointly adopt On page 623, line 24, strike ‘‘provide by rules providing’’ after ‘‘Commission’’. United States by improving account- rule’’ and insert ‘‘engage in joint rulemaking On page 801, line 2, strike ‘‘to provide by ability and transparency in the finan- to jointly adopt rules providing’’. rule’’. cial system, to end ‘‘too big to fail’’, to On page 624, line 1, insert ‘‘, volume,’’ after On page 801, line 3, insert ‘‘, volume,’’ after protect the American taxpayer by end- ‘‘transaction’’. ‘‘transaction’’. ing bailouts, to protect consumers On page 624, line 8, insert ‘‘and the Securi- On page 801, line 10, insert ‘‘ pursuant to from abusive financial services prac- ties and Exchange Commission’’ after ‘‘Com- (a)(10)’’ after ‘‘requirements)’’. tices, and for other purposes; which mission’’. On page 801, line 10, insert ‘‘and the Com- was ordered to lie on the table; as fol- On page 623, line 15, insert ‘‘and the Securi- modity Futures Trading Commission’’ after lows: ties and Exchange Commission’’ after ‘‘Com- ‘‘Commission’’. mission’’. On page 801, line 17, insert ‘‘and the Com- On page 558, strike line 8 and all that fol- On page 623, line 23, insert ‘‘and the Securi- modity Futures Trading Commission’’ after lows through page 559, line 14, and insert the ties and Exchange Commission’’ after ‘‘Com- ‘‘Commission’’. following: mission’’. On page 801, line 24, insert ‘‘and the Com- (d) EXEMPTIONS.—Section 4(c) of the Com- modity Exchange Act (7 U.S.C. 6(c)) is On page 624, line 23, strike ‘‘make available modity Futures Trading Commission’’ after amended by adding at the end the following: to the public’’ and insert ‘‘require real time ‘‘Commission’’. ‘‘(6) The Commission, by rule, regulation, public reporting for such transactions’’. On page 800, line 25, insert ‘‘and the Com- or order may conditionally or uncondition- On page 625, line 1, strike ‘‘, aggregate data modity Futures Trading Commission’’ after ally exempt any person, swap, or trans- on such swap trading volumes and posi- ‘‘Commission’’. tions’’. On page 801, line 25, strike ‘‘make available action, or any class or classes of persons, On page 625, strike lines 3 through 7. to the public’’ and insert ‘‘require real time swaps, or transactions, from any provision of On page 625, line 9, insert ‘‘and the Securi- public reporting for such transactions’’. this Act that was added by an amendment in ties and Exchange Commission’’ after ‘‘Com- On page 802, line 3, strike ‘‘, aggregate data the Wall Street Transparency and Account- mission’’. on such swap trading volumes and posi- ability Act of 2010, to the extent that such On page 625, line 14, strike ‘‘rule’’ and in- tions’’. exemption is necessary or appropriate in the sert ‘‘rules’’. On page 802, strike lines 6 through 11. public interest, and is not inconsistent with On page 625, line 16, strike ‘‘(i) and (ii)’’ On page 802, line 13, insert ‘‘and the Com- the purposes of such Act.’’. and insert ‘‘(i) through (iii)’’. modity Futures Trading Commission’’ after On page 892, strike line 23 and all that fol- On page 625, line 17, strike ‘‘rule’’ and in- ‘‘Commission’’. lows through page 893, line 2, and insert the sert ‘‘rules’’. On page 802, line 19, strike ‘‘rule’’ and in- following: On page 625, line 18, insert ‘‘and the Securi- sert ‘‘rules’’. ‘‘(c) DERIVATIVES.—The Commission, by ties and Exchange Commission’’ after ‘‘Com- On page 802, line 21, strike ‘‘(i) and (ii)’’ rule, regulation, or order may conditionally mission’’. and insert ‘‘(i) through (iii)’’. or unconditionally exempt any person, secu- On page 625, line 20, strike ‘‘identify the On page 802, line 22, strike ‘‘rule’’ and in- rity-based swap, or transaction, or any class participants’’ and insert ‘‘disclose the iden- sert ‘‘rules’’. or classes of persons, security-based swaps, tity of any market participant or propri- On page 802, line 23, insert ‘‘and the Com- or transactions, from any provision of this etary information about the swap trans- modity Futures Trading Commission’’ after Act that was added by an amendment in the actions, positions, or trading strategies of ‘‘Commission’’. Wall Street Transparency and Account- any market participant’’. On page 802, line 25, strike ‘‘identify the ability Act of 2010, to the extent that such exemption is necessary or appropriate in the On page 625, line 22, strike ‘‘large no- participants’’ and insert ‘‘disclose the iden- public interest, and is not inconsistent with tional’’. tity of any market participant or propri- the purposes of such Act.’’. On page 625, line 23, strike the ‘‘(block etary information about the security-based trade)’’ and insert ‘‘block trade’’. swap transactions, positions, or trading SA 4023. Mr. GREGG submitted an On page 626, line 2, strike ‘‘large notional’’. strategies of any market participant’’. amendment intended to be proposed to On page 626, line 3, strike the ‘‘(block On page 803, line 2, strike ‘‘large notional’’. trades)’’ and insert ‘‘block trades’’. On page 803, lines 3 and 4, strike the amendment SA 3739 proposed by Mr. On page 626, lines 5 through 6, strike ‘‘(block trade)’’ and insert ‘‘block trade’’. REID (for Mr. DODD (for himself and ‘‘whether the public disclosure will materi- On page 803, line 7, strike ‘‘large notional’’. Mrs. LINCOLN)) to the bill S. 3217, to ally reduce market liquidity’’ and insert On page 803, line 8 strike the ‘‘(block promote the financial stability of the ‘‘the effect public disclosure will have on trades)’’ and insert ‘‘block trades’’. United States by improving account- measures of market quality, including mar- On page 803, lines 10 through 12, strike ability and transparency in the finan- ket liquidity and transaction costs’’. ‘‘whether the public disclosure will materi- cial system, to end ‘‘too big to fail’’, to On page 626, line 13, insert ‘‘and the Securi- ally reduce market liquidity’’ and insert protect the American taxpayer by end- ties and Exchange Commission’’ after ‘‘Com- ‘‘the effect public disclosure will have on ing bailouts, to protect consumers mission’’. measures of market quality, including mar- On page 626, after line 13 insert the fol- ket liquidity and transaction costs’’. from abusive financial services prac- lowing: On page 803, line 19, insert ‘‘and the Com- tices, and for other purposes; which ‘‘(G) FINANCIAL STABILITY OVERSIGHT COUN- modity Futures Trading Commission’’ after was ordered to lie on the table; as fol- CIL.—In the event that the Commission and ‘‘Commission’’. lows:

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.083 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3735 On page 541, strike lines 13 through 24, and On page 647, line 7, strike ‘‘(2)(B)’’ and in- On page 854, line 1, strike ‘‘(2)’’ and insert insert the following: sert ‘‘(4)(B)’’. ‘‘(4)’’. ‘‘(D) RISK BASED CAPITAL.—In setting risk- On page 647, line 9, strike ‘‘(2)’’ and insert On page 854, line 25, strike ‘‘(3)’’ and insert based capital requirements for a person that ‘‘(4)’’. ‘‘(5)’’. is designated as a major swap participant for On page 648, line 5, strike ‘‘(3)’’ and insert On page 855, line 5, strike ‘‘(2)(A)’’ and in- a single type or single class or category of ‘‘(5)’’. sert ‘‘(4)(A)’’. swaps or activities, the prudential regulator On page 648, line 9, strike ‘‘(2)(A)’’ and in- On page 855, line 25, strike ‘‘(2)(B)’’ and in- and the Commission shall take into ac- sert ‘‘(4)(A)’’. sert ‘‘(4)(B)’’. count— On page 649, line 6, strike ‘‘(2)(B)’’ and in- On page 856, line 7, strike ‘‘(2)(A)’’ and in- ‘‘(i) the risks associated with other types sert ‘‘(4)(B)’’. sert ‘‘(4)(A)’’. of swaps or classes of swaps or categories of On page 649, line 12, strike ‘‘(2)(A)’’ and in- On page 857, line 13, strike ‘‘(4)’’ and insert swaps engaged in by virtue of the status of sert ‘‘(4)(A)’’. ‘‘(6)’’. the person as a major swap participant; On page 650, line 21, strike ‘‘(4)’’ and insert On page 857, line 22, strike ‘‘(2)(A)’’ and in- ‘‘(ii) the liquidity of each swap, including ‘‘(6)’’. sert ‘‘(4)(A)’’. On page 651, line 4, strike ‘‘(2)(A)’’ and in- whether such instrument is traded on a liq- On page 858, line 6, strike ‘‘(2)(B)’’ and in- sert ‘‘(4)(A)’’. uid market; sert ‘‘(4)(B)’’. On page 651, line 13, strike ‘‘(2)(B)’’ and in- ‘‘(iii) whether the swap is used to offset or On page 858, line 13, strike ‘‘(4)(A)’’ and in- sert ‘‘(4)(B)’’. sert ‘‘(6)(A)’’. hedge another instrument or asset owned by On page 651, line 22, strike ‘‘(4)(A)’’ and in- such major swap participant; and On page 858, line 14, strike ‘‘(5)’’ and insert sert ‘‘(6)(A)’’. ‘‘(7)’’. ‘‘(iv) whether the swap is cleared, in addi- On page 651, line 23, strike ‘‘(5)’’ and insert tion to any other factor the prudential regu- On page 859, line 3, strike ‘‘(6)’’ and insert ‘‘(7)’’. ‘‘(8)’’. lator and the Commission deem material.’’. On page 652, line 11, strike ‘‘(6)’’ and insert On page 859, line 22, strike ‘‘(7)’’ and insert On page 556, strike lines 11 through 21, and ‘‘(8)’’. ‘‘(9)’’. insert the following: On page 653, line 5, strike ‘‘(7)’’ and insert On page 859, line 24, strike ‘‘(4)(A)’’ and in- ‘‘(C) RISK BASED CAPITAL.—In setting risk- ‘‘(9)’’. sert ‘‘(6)(A)’’. based capital requirements for a person that On page 653, line 7, strike ‘‘(4)(A)(i)’’ and On page 860, line 1, strike ‘‘(4)(B)’’ and in- is designated as a swap dealer for a single insert ‘‘(6)(A)(i)’’. type or single class or category of swaps or On page 653, line 8, strike ‘‘(4)(A)(ii)’’ and sert ‘‘(6)(B)’’. On page 860, line 6, strike ‘‘(8)’’ and insert activities, the prudential regulator and the insert ‘‘(6)(A)(ii)’’. Commission shall take into account— On page 653, line 9, strike ‘‘(4)(B)(i)’’ and ‘‘(10)’’. ‘‘(i) the risks associated with other types insert ‘‘(6)(B)(i)’’. On page 860, line 7, strike ‘‘(4) and (5)’’ and of swaps or classes of swaps or categories of On page 653, line 10, strike ‘‘(4)(B)(ii)’’ and insert ‘‘(6) and (7)’’. swaps engaged in by virtue of the status of insert ‘‘(6)(B)(ii)’’. the person as a swap dealer; On page 653, line 15, strike ‘‘(8)’’ and insert SA 4024. Mr. GREGG submitted an ‘‘(ii) the liquidity of each swap, including ‘‘(9)’’. amendment intended to be proposed to whether such instrument is traded on a liq- On page 653, line 16, strike ‘‘(4)’’ and insert amendment SA 3739 proposed by Mr. uid market; ‘‘(6)’’. REID (for Mr. DODD (for himself and ‘‘(iii) whether the swap is used to offset or On page 852, strike line 19, and insert the Mrs. LINCOLN)) to the bill S. 3217, to hedge another instrument or asset owned by following: promote the financial stability of the such swap dealer; and ‘‘(e) RISK-BASED CAPITAL AND MARGIN RE- QUIREMENTS.— United States by improving account- ‘‘(iv) whether the swap is cleared, in addi- ability and transparency in the finan- tion to any other factor the prudential regu- ‘‘(1) IN GENERAL.—Each registered security- lator and the Commission deem material.’’. based swap dealer and major security-based cial system, to end ‘‘too big to fail’’, to On page 646, strike line 6, and insert the swap participant shall meet at all times such protect the American taxpayer by end- following: risk-based capital and margin requirements ing bailouts, to protect consumers ‘‘(e) RISK-BASED CAPITAL AND MARGIN RE- as the appropriate Federal banking agencies, from abusive financial services prac- QUIREMENTS.— the Commission, or the Securities and Ex- tices, and for other purposes; which change Commission, as applicable, shall pre- ‘‘(1) IN GENERAL.—Each registered swap was ordered to lie on the table; as fol- dealer and major swap participant shall meet scribe, by rule or regulation, as necessary or at all times such risk-based capital and mar- appropriate in the public interest or for the lows: gin requirements as the appropriate Federal protection of investors and consistent with On page 577, line 24, after ‘‘paragraph (9)’’, banking agencies, the Commission, or the the purposes of this title. insert ‘‘, or to any swap transaction that is Securities and Exchange Commission, as ap- ‘‘(2) CAPITAL AND MARGIN CONSIDER- a large notional swap transaction (block plicable, shall prescribe, by rule or regula- ATIONS.—In determining capital and margin trade) for the particular market or con- tion, as necessary or appropriate in the pub- requirements in this subsection, the appro- tract’’. lic interest or for the protection of investors priate Federal banking agencies, the Com- On page 793, line 23, strike ‘‘or’’. and consistent with the purposes of this mission, and the Securities and Exchange On page 794, line 3, strike the period and title. Commission, respectively, shall set risk- insert ‘‘; or’’. ‘‘(2) CAPITAL AND MARGIN CONSIDER- based capital and margin requirements that On page 794, between lines 3 and 4, insert ATIONS.—In determining capital and margin such authorities deem appropriate and nec- the following: requirements in this subsection, the appro- essary for the risk associated with the secu- ‘‘(iii) , or to any security-based swap trans- priate Federal banking agencies, the Com- rity-based swaps activities of each registered action that is a large notional security-based mission, and the Securities and Exchange security-based swap dealer and major secu- swap transaction (block trade) for the par- Commission, respectively, shall set risk- rity-based swap participant. In setting such ticular market or contract.’’. based capital and margin requirements that risk-based capital and margin requirements such authorities deem appropriate and nec- pursuant to the authorities established in SA 4025. Mr. GREGG submitted an essary for the risk associated with the swaps paragraphs (3) through (10), the appropriate amendment intended to be proposed to activities of each registered swap dealer and Federal banking agencies, the Commission, amendment SA 3739 proposed by Mr. major swap participant. In setting such risk- and the Securities and Exchange Commis- REID (for Mr. DODD (for himself and based capital and margin requirements pur- sion each shall consider, among other fac- Mrs. LINCOLN)) to the bill S. 3217, to suant to the authorities established in para- tors— promote the financial stability of the ‘‘(A) the liquidity of each security-based graphs (3) through (10), the appropriate Fed- United States by improving account- eral banking agencies, the Commission, and swap, including whether such instrument is the Securities and Exchange Commission traded on a liquid market; ability and transparency in the finan- each shall consider, among other factors— ‘‘(B) whether the security-based swap is cial system, to end ‘‘too big to fail’’, to ‘‘(A) the liquidity of each swap, including used to offset or hedge another instrument protect the American taxpayer by end- whether such instrument is traded on a liq- or asset owned by such registered security- ing bailouts, to protect consumers uid market; based swap dealers and major security-based from abusive financial services prac- ‘‘(B) whether the swap is used to offset or swap participants; and tices, and for other purposes; which hedge another instrument or asset owned by ‘‘(C) whether the security-based swap is was ordered to lie on the table; as fol- cleared.’’. such registered swap dealers and major swap lows: participants; and On page 852, line 20, strike ‘‘(1) IN GEN- ‘‘(C) whether the swap is cleared.’’. ERAL.—’’ and insert ‘‘(3) DEPOSITORY AND On page 567, line 24, after ‘‘shall’’ insert ‘‘, On page 646, line 7, strike ‘‘(1) IN GEN- NONDEPOSITORY INSTITUTIONS.—’’. by rule pursuant to the notice and comment ERAL.—’’ and insert ‘‘(3) DEPOSITORY AND On page 853, line 8, strike ‘‘(2)(A)’’ and in- provisions of section 553 of title 5, United NONDEPOSITORY INSTITUTIONS.—’’. sert ‘‘(4)(A)’’. States Code,’’. On page 646, line 18, strike ‘‘(2)(A)’’ and in- On page 853, line 22, strike ‘‘(2)(B)’’ and in- On page 568, line 6, after ‘‘5b(c)(2)’’ insert ‘‘, sert ‘‘(4)(A)’’. sert ‘‘(4)(B)’’. taking into account the factors described in

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Mr. CRAPO submitted an the event of the insolvency of any such de- ket, and taking into account the potential amendment intended to be proposed to rivatives clearing organization or 1 or more impact of such requirement on price dis- amendment SA 3739 proposed by Mr. of its clearing members with regard to the covery, competition, market liquidity, and REID (for Mr. DODD (for himself and treatment of customer and swap costs of execution.’’. Mrs. LINCOLN)) to the bill S. 3217, to counterparty positions, funds, and prop- promote the financial stability of the erty.’’. SA 4026. Mr. REID submitted an On page 571, line 22, strike ‘‘(vi)’’ and in- amendment intended to be proposed to United States by improving account- sert ‘‘(vii)’’. amendment SA 3739 proposed by Mr. ability and transparency in the finan- On page 572, line 1, after ‘‘may’’ insert ‘‘, REID (for Mr. DODD (for himself and cial system, to end ‘‘too big to fail,’’ to by rule pursuant to the notice and comment protect the American taxpayer by end- provisions of section 553 of title 5, United Mrs. LINCOLN)) to the bill S. 3217, to promote the financial stability of the ing bailouts, to protect consumers States Code,’’. from abusive financial services prac- On page 572, line 6, strike ‘‘(vi)’’ and insert United States by improving account- ‘‘(vii)’’. ability and transparency in the finan- tices, and for other purposes; which On page 577, line 8, after ‘‘(1)’’ insert ‘‘and cial system, to end ‘‘too big to fail’’, to was ordered to lie on the table; as fol- designated by the Commission pursuant to protect the American taxpayer by end- lows: subparagraph (C)’’. ing bailouts, to protect consumers On page 1565, after line 23, insert the fol- On page 577, line 10, after ‘‘on’’ insert ‘‘, from abusive financial services prac- lowing: through or subject to the rules of’’. TITLE XIII—FINANCIAL MARKETS OVER- On page 577, line 13, after ‘‘on’’ insert ‘‘, tices, and for other purposes; which was ordered to lie on the table; as fol- SIGHT CONSOLIDATION AND INVESTOR through or subject to the rules of’’. PROTECTION ACT OF 2010 On page 577, after line 24, insert the fol- lows: SEC. 1301. SHORT TITLE. lowing: On page 1309, lines 23 and 24, strike ‘‘in This title may be cited as the ‘‘Financial ‘‘(C) COMMISSION DESIGNATIONS.—The Com- State court having jurisdiction over the de- Markets Oversight Consolidation and Inves- mission may, by rule pursuant to the notice fendant’’ and insert ‘‘in a State court in that tor Protection Act of 2010’’. and comment provisions of section 553 of State’’. title 5, United States Code, separately des- SEC. 1302. PURPOSES. ignate a particular swap or class of swaps SA 4027. Mrs. MCCASKILL submitted The purposes of this title are— that is subject to the clearing requirement of an amendment intended to be proposed (1) to establish a single Federal regulatory paragraph (1) as subject to the execution re- to amendment SA 3739 proposed by Mr. body with jurisdiction over securities and de- quirement of subparagraph (A) if the Com- rivatives, including options, futures, swaps, REID (for Mr. DODD (for himself and mission determines that effective pre-trade and related markets and instruments and in- price transparency does not already exist in Mrs. LINCOLN)) to the bill S. 3217, to cluding over-the-counter derivatives; the market, and taking into account the po- promote the financial stability of the (2) to consolidate and revise the authority tential impact of such requirement on price United States by improving account- for setting margin requirements; discovery, competition, market liquidity, ability and transparency in the finan- (3) to coordinate the regulation of all fi- and costs of execution.’’. cial system, to end ‘‘too big to fail’’, to nancial markets; On page 783, line 22, after ‘‘shall’’ insert ‘‘, protect the American taxpayer by end- (4) to strengthen investor protections in by rule pursuant to the notice and comment ing bailouts, to protect consumers United States financial markets; and (5) to ensure the competitiveness of United provisions of section 553 of title 5, United from abusive financial services prac- States Code,’’. States markets. On page 784, line 3, after ‘‘17A’’ insert ‘‘, tices, and for other purposes; which SEC. 1303. DEFINITIONS. taking into account the factors described in was ordered to lie on the table; as fol- As used in this title— clauses (i) through (vii) of subparagraph lows: (1) the term ‘‘Chairman’’ means the Chair- (4)(A)’’. On page 1552, line 12, strike ‘‘SELECTION OF man of the Financial Markets Commission On page 788, before line 1, insert the fol- THE PRESIDENT’’ and insert ‘‘CLASS B DIREC- designated under section 1312; lowing: TORS’’. (2) the term ‘‘Commission’’ means the Fi- ‘‘(vi) The effect on the mitigation of sys- On page 1552, beginning on line 16, strike nancial Markets Commission established by temic risk, taking into account the size of ‘‘the President’’ and all that follows through section 1311 of this title; the market for the group, category, type, or ‘‘years’’ on line 19 and insert the following: (3) the term ‘‘function’’ includes any duty, class of security-based swaps, the resources ‘‘the Class B directors of the Federal Reserve obligation, power, authority, responsibility, of clearing agencies available to clear the Bank of New York shall be designated by the right, privilege, activity, or program; and group, category, type, or class of security- Board of Governors’’. (4) the term ‘‘transfer date’’ means the based swaps, and the existence of reasonable On page 1552, line 21, insert ‘‘OF NEW YORK’’ date designated under section 1361. legal certainty in the event of the insolvency after ‘‘BANK’’. SEC. 1304. EFFECT ON CONGRESSIONAL JURIS- of any such clearing agency or 1 or more of On page 1553, line 1, strike ‘‘supervised by DICTION. its clearing members with regard to the the Board’’ and insert ‘‘subject to enhanced It is the sense of Congress that this title treatment of customer and security-based supervision and prudential standards under should not be construed to affect the juris- swap counterparty positions, funds, and section 115’’. diction of any committee or subcommittee property.’’. On page 1553, beginning on line 2, strike ‘‘a of the Congress with respect to any function On page 788, line 1, strike ‘‘(vi)’’ and insert Federal reserve bank, and no past or’’ and in- transferred to the Commission by this title. sert ‘‘the Federal Reserve Bank of New York, ‘‘(vii)’’. Subtitle A—Establishment of Commission On page 788, line 5, after ‘‘may’’ insert ‘‘, and no’’. by rule pursuant to the notice and comment On page 1553, line 6, strike ‘‘a Federal re- SEC. 1311. ESTABLISHMENT. provisions of section 553 of title 5, United serve bank’’ and insert ‘‘the Federal Reserve There is established in the executive States Code,’’. Bank of New York’’. branch an independent agency to be known On page 788, line 10, strike ‘‘(vi)’’ and in- as the ‘‘Financial Markets Commission’’. sert ‘‘(vii)’’. SA 4028. Mrs. MCCASKILL submitted SEC. 1312. MEMBERS: APPOINTMENT; TERMS. On page 793, line 8, after ‘‘(1)’’ insert ‘‘and an amendment intended to be proposed (a) COMPOSITION OF COMMISSION.— designated by the Commission pursuant to to amendment SA 3739 proposed by Mr. (1) NUMBER OF COMMISSIONERS.—The Com- subparagraph (C)’’. REID (for Mr. DODD (for himself and mission shall be composed of 5 commis- On page 793, line 10, after ‘‘on’’ insert ‘‘, sioners appointed by the President, by and Mrs. LINCOLN)) to the bill S. 3217, to through or subject to the rules of’’. with the advice and consent of the Senate. promote the financial stability of the On page 793, line 13, after ‘‘on’’ insert ‘‘, (2) CHAIRMAN.—One of the commissioners through or subject to the rules of’’. United States by improving account- shall be designated by the President as the On page 794, between lines 3 and 4, insert ability and transparency in the finan- Chairman of the Commission, who shall be the following: cial system, to end ‘‘too big to fail’’, to the chief executive of the Commission.

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(3) QUALIFICATIONS.—Each commissioner accept payment and reimbursement, in cash (B) CRITERIA.—The Chief Economist— shall be selected solely on the basis of integ- or in kind, from a foreign securities author- (i) shall be an experienced economist of rity and demonstrated knowledge of the op- ity, or made on behalf of such authority— distinction, with a doctorate in economics or erations of the markets that are subject to (A) for necessary expenses incurred by the the equivalent in education and experience; the jurisdiction of the Commission. Commission, its members, and employees in (ii) shall report to and be under the general (4) POLITICAL AFFILIATION.—Not more than carrying out any investigation under section supervision of the Chairman; and 3 of the commissioners shall be members of 21(a)(2) of the Securities Exchange Act of (iii) shall not report to, or be subject to su- the same political party. 1934 (15 U.S.C. 78u(a)(2)); or pervision by, any other officer or employee (b) TERMS.— (B) in providing any other assistance to a of the Commission. (1) IN GENERAL.—Except as provided in this foreign securities authority. (C) REMOVAL.—The Chairman of the Com- subsection, each commissioner shall be ap- (2) TREATMENT OF FUNDS.—Any payment or mission may remove the Chief Economist pointed for a term of 5 years. reimbursement accepted shall be considered from office. The Chairman shall commu- (2) SUCCESSION.—A commissioner may con- a reimbursement to the appropriated funds nicate in writing to both Houses of Congress tinue to serve after the expiration of such of the Commission. term until a successor is appointed and has the reasons for any such removal, not later SEC. 1313. ORGANIZATION OF COMMISSION. qualified, but may not continue to so serve than 30 days before the effective date of such (a) DIVISION OF RETAIL INVESTOR PROTEC- beyond the expiration of the next session of removal. TION AND RETAIL FINANCIAL SERVICES.— Congress beginning after the expiration of (5) REPORTS.— (1) IN GENERAL.—There shall be within the such term. (A) IN GENERAL.—Except as provided in Commission a Division of Retail Investor (3) FIRST COMMISSIONERS.—The terms of of- subparagraph (D), whenever using its author- fice of the commissioners first taking office Protection and Retail Financial Services. ity under any provision of law, the Commis- after the enactment of this title shall expire, (2) HEAD OF DIVISION.—The head of the Di- sion publishes a release giving notice of a as designated by the President at the time of vision of Retail Investor Protection and Re- proposed rulemaking or other proposed ac- their appointment— tail Financial Services shall be appointed by tion by the Commission, and affords inter- (A) 1 at the end of 1 year; the Chairman. ested persons an opportunity to comment on (B) 1 at the end of 2 years; (3) SUBDIVISIONS.—There shall be within such proposed rulemaking or other action or (C) 1 at the end of 3 years; the Division of Retail Investor Protection publishes a release adopting a final rule or (D) 1 at the end of 4 years; and and Retail Financial Services— otherwise taking action after such publica- (E) 1 at the end of 5 years. (A) a subdivision with responsibility for tion and opportunity to comment, such re- functions relating to investor outreach and (4) VACANCY.— lease shall include as a part thereof a report education; and (A) IN GENERAL.—A commissioner ap- by the Division. pointed to fill a vacancy occurring prior to (B) a subdivision with responsibility for (B) CONTENT.—Each report required by sub- the expiration of the term for which the functions relating to inspections and exami- paragraph (A)— predecessor was appointed shall be appointed nations. (i) shall set forth in reasonable detail an for the remainder of such term; and (b) DIVISION OF TRADING.— economic analysis of the consequences of the (1) IN GENERAL.—There shall be within the (B) EFFECT OF VACANCY.—A vacancy in the Commission action that is the subject of the Commission shall not impair the right of the Commission a Division of Trading. report, in light of the statutory responsibil- remaining commissioners to exercise all the (2) HEAD OF DIVISION.—The head of the Di- ities of the Commission and the stated pur- powers of the Commission. vision of Trading shall be appointed by the poses of the Commission for the action, in- (c) CONFLICTS OF INTEREST.— Chairman. cluding when the responsibilities of the Com- (3) SUBDIVISIONS.—There shall be within (1) IN GENERAL.—No commissioner shall en- mission so require, the effects of the action gage in any other business, vocation, or em- the Division of Trading— on efficiency, competition, and capital for- (A) a subdivision with responsibility for ployment than that of serving as commis- mation; functions relating to markets in physical sioner, nor shall any commissioner partici- (ii) shall refer to any peer-reviewed or commodities; and pate, directly or indirectly, in any market other relevant literature, including any (B) a subdivision with responsibility for operations or transactions of a character study undertaken by the staff of the Com- functions relating to inspections and exami- subject to regulation by the Commission mission, that provides support for the anal- nations. pursuant to this title. ysis contained in the report (except that the (c) DIVISION OF CORPORATE DISCLOSURE.— (2) REIMBURSEMENT FOR TRAVEL.— Division is not required to undertake origi- (1) IN GENERAL.—There shall be within the (A) IN GENERAL.—Notwithstanding any nal research in the preparation thereof); Commission a Division of Corporate Disclo- other provision of law, in accordance with (iii) shall describe the extent to which the sure. regulations which the Commission shall pre- conclusions of the report remain subject to (2) HEAD OF DIVISION.—The head of the Di- scribe to prevent conflicts of interest, the uncertainty; and Commission may accept payment and reim- vision of Corporate Disclosure shall be ap- pointed by the Chairman. (iv) with respect to a report delivered in bursement, in cash or in kind, from non-Fed- connection with a proposed rulemaking or (3) SUBDIVISION.—There shall be within the eral agencies, organizations, and individuals other proposed action, may request informa- for travel, subsistence, and other necessary Division of Corporate Disclosure a subdivi- sion with responsibility for functions relat- tion or comment from the public. expenses incurred by Commission members (C) FORM AND OVERSIGHT.—Each report re- and employees in attending meetings and ing to accounting and auditing matters. (d) DIVISION OF ECONOMIC ANALYSIS.— quired by subparagraph (A)— conferences concerning the functions or ac- (i) shall be prepared under the direction of, tivities of the Commission. (1) PURPOSES.—The purpose of this sub- section is to enhance the ability of the Com- and expressly approved by and published (B) PAYMENTS AND REIMBURSEMENTS CRED- over the name of, the Chief Economist; ITED.—Any payment or reimbursement ac- mission to use professional and objective economic analysis to inform the design and (ii) shall not be subject to approval by the cepted shall be credited to the appropriated Chairman of the Commission or the Commis- funds of the Commission. implementation of rulemaking and other ac- tions of the Commission. sion; (C) LIMITATION ON AMOUNT.—The amount of (iii) shall be in final form, dated not later travel, subsistence, and other necessary ex- (2) DIVISION ESTABLISHED.—There shall be within the Commission a Division of Eco- than 1 week prior to the vote of the Commis- penses for members and employees paid or sion (or the circulation of a seriatim or other reimbursed under this subsection may ex- nomic Analysis. means of Commission action) to which the ceed per diem amounts established in official (3) SUBDIVISIONS.—There shall be within report relates, to ensure adequate oppor- travel regulations, but the Commission may the Division of Economic Analysis— tunity for the Commission to consider its include in its regulations under this sub- (A) a subdivision with responsibility for contents prior to such action; section a limitation on such amounts. functions relating to risk analysis and finan- (iv) shall include a statement confirming (d) FEES.—Notwithstanding any other pro- cial innovation; and vision of law, whenever any fee is required to (B) a subdivision with responsibility for that the Chairman of the Commission in- be paid to the Commission pursuant to any functions relating to international technical formed the Division, not later than 60 days provision of the securities laws or any other assistance. prior to the date of the report, of all mate- law, the Commission may provide, by rule— (4) CHIEF ECONOMIST.— rial aspects of the proposed action covered (1) that the fee shall be paid in a manner (A) APPOINTMENT.—The Division shall be by the report, in sufficient detail for the pur- other than in cash; and headed by a Chief Economist, appointed by poses of the report or, if a lesser time was af- (2) the time period within which the fee the Chairman of the Commission, subject to forded, that such lesser time was reasonably shall be determined and paid relative to the approval of a vote of at least a majority of sufficient for the preparation of the report; filing of any statement or document with the the members of the Commission then in of- and Commission. fice, such majority to include at least 1 (v) shall include a statement confirming (e) REIMBURSEMENT OF EXPENSES FOR AS- member of the Commission who is not a that the Division was afforded reasonably SISTING FOREIGN SECURITIES AUTHORITIES.— member of the same political party as the sufficient resources for the preparation of (1) IN GENERAL.—Notwithstanding any Chairman, if any such member is then in of- the report, or describing any lack thereof. other provision of law, the Commission may fice. (D) EXCEPTION.—

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(i) IN GENERAL.—Notwithstanding subpara- (C) represent the Commission in all dis- (B) in subsection (b)— graph (A), no report shall be required under ciplinary proceedings pending before the (i) by striking ‘‘the Board of Governors of this paragraph— Commission; the Federal Reserve System’’ and inserting (I) if the subject Commission action does (D) represent the Commission in courts of ‘‘the Commission’’; and not propose or adopt a major rule for pur- law whenever appropriate; (ii) in subsection (b), by striking ‘‘(1) pre- poses of the Small Business Regulatory En- (E) assist the Department of Justice in liti- scribe’’ and all that follows through ‘‘and forcement Fairness Act of 1996, unless at gation concerning the Commission; and (2)’’; least 2 members of the Commission (or 1 (F) perform such other legal duties and (C) in subsection (c)— member, if 5 members of the Commission are functions as the Commission may direct. (i) in paragraph (1)(A), by striking ‘‘the not then in office) request a report; or (3) ADDITIONAL COUNSEL.—The Commission Board of Governors of the Federal Reserve (II) at the time of issuance of an interim shall appoint such other attorneys as the System (hereafter in this section referred to final rulemaking or other emergency action Commission determines are necessary to as- as the ‘Board’)’’ and inserting ‘‘the Commis- by the Commission, provided that a report sist the General Counsel in carrying out the sion’’; regarding such rulemaking or action is pub- duties under this section. (ii) in paragraph (2)— lished not later than 60 days thereafter. SEC. 1316. OMBUDSMAN. (I) by striking subparagraph (A) and insert- (ii) PROCEDURE.—The Commission may (a) OFFICE ESTABLISHED.—There shall be in ing the following: adopt rules of procedure governing the time the Commission the Office of the Ombuds- and manner by which requests described in ‘‘(A) COMPLIANCE WITH MARGIN RULES.—It man. shall be unlawful for any broker, dealer, or clause (i)(I) shall be made by members of the (b) OMBUDSMAN.—The head of the Office of member of a national securities exchange to, Commission. the Ombudsman shall be the Ombudsman, directly or indirectly, extend or maintain (e) DIVISION OF ENFORCEMENT.— who shall— credit to or for, or collect margin from any (1) IN GENERAL.—There shall be within the (1) be appointed by the Chairman; customer on, any security futures product Commission a Division of Enforcement. (2) assist registrants, those seeking to be unless such activities comply with the regu- (2) HEAD OF DIVISION.—The head of the Di- registered, and regulated entities in resolv- vision of Enforcement shall be appointed by ing problems with the Commission; lations which the Commission shall pre- the Chairman. (3) identify areas in which registrants, scribe pursuant to subparagraph (B).’’; and (3) SUBDIVISION.—There shall be within the those seeking to be registered, and regulated (II) in subparagraph (B)— Division of Enforcement a subdivision with entities have problems in dealings with the (aa) by striking ‘‘The Board’’ and all that responsibility for functions relating to inter- Commission; follows through ‘‘jointly deem appropriate’’ national enforcement assistance. (4) to the extent possible, propose changes and inserting ‘‘The Commission shall pre- SEC. 1314. OFFICE OF THE CHAIRMAN. in the administrative practices of the Com- scribe such regulations to establish margin (a) OFFICE ESTABLISHED.—There shall be in mission to mitigate problems identified requirements, including the establishment of the Commission an Office of the Chairman, under paragraph (3); and levels of margin (initial and maintenance) which shall manage the resources and oper- (5) identify potential legislative changes for security futures products under such ations of the Commission. that may be appropriate to mitigate prob- terms, and at such levels, as the Commission (b) OFFICE OF THE EXECUTIVE DIRECTOR.— lems identified under paragraph (3). deems appropriate’’; (1) IN GENERAL.—There shall be within the SEC. 1317. INSPECTOR GENERAL. (bb) by striking clause (ii); and Office of the Chairman an Office of the Exec- Section 8G of the Inspector General Act of (cc) by redesignating clauses (iii) and (iv) utive Director. 1978 (5 U.S.C. App.) is amended by inserting as clauses (ii) and (iii), respectively; and (2) EXECUTIVE DIRECTOR AND DUTIES OF THE ‘‘the Financial Markets Commission,’’ after (iii) by striking ‘‘the Board’’ each place EXECUTIVE DIRECTOR.—The head of the Office ‘‘the Federal Trade Commission,’’. that term appears and inserting ‘‘the Com- of the Executive Director shall be the Execu- mission’’; tive Director, who shall oversee the compli- Subtitle B—Transfers of Functions (D) in subsection (d)— ance of the Commission with Federal law, in- SEC. 1321. TRANSFER OF FUNCTIONS. (i) in paragraph (3), in the paragraph head- cluding requirements imposed by the Direc- (a) COMMODITY FUTURES TRADING COMMIS- er, by striking ‘‘BOARD’’ and inserting ‘‘COM- tor of Office of Management and Budget, the SION.—All functions of the Commodity Fu- MISSION’’; and Government Accountability Office, and the tures Trading Commission and of any officer Office of Personnel Management. or component of the Commodity Futures (ii) by striking ‘‘the Board’’ each place (c) OFFICE OF THE SECRETARY.— Trading Commission are transferred to the that term appears and inserting ‘‘the Com- (1) IN GENERAL.—There shall be within the Commission. mission’’; Office of the Chairman an Office of the Sec- (b) SECURITIES AND EXCHANGE COMMIS- (E) in subsection (e), by striking ‘‘on or be- retary. SION.—All functions of the Securities and Ex- fore July 1, 1937’’ and all that follows (2) SECRETARY AND DUTIES OF THE SEC- change Commission and of any officer or through ‘‘Federal Reserve Board’’ and insert- RETARY.—The head of the Office of the Sec- component of the Securities and Exchange ing ‘‘on or before October 1, 2011, except to retary shall be the Secretary, who shall— Commission are transferred to the Commis- the extent that the Commission’’; (A) be appointed by the Chairman; and sion. (F) in subsection (f)(3), by striking ‘‘Board (B) oversee the procedural administration SEC. 1322. ABOLISHMENT. of Governors of the Federal Reserve System’’ of meetings, rulemaking, practice, and pro- (a) COMMODITY FUTURES TRADING COMMIS- and inserting ‘‘Commission’’; and cedure of the Commission. SION ABOLISHED.—Effective on øthe transfer (G) in subsection (g), by striking ‘‘Board of (d) OFFICE OF EXTERNAL AFFAIRS.— date¿, the Commodity Futures Trading Com- Governors of the Federal Reserve System’’ (1) IN GENERAL.—There shall be within the mission is abolished. each place that term appears and inserting Office of the Chairman an Office of External (b) SECURITIES AND EXCHANGE COMMISSION ‘‘Commission’’. Affairs. ABOLISHED.—Effective on øthe transfer date¿, (c) MARGIN AUTHORITY WITH RESPECT TO (2) DIRECTOR OF EXTERNAL AFFAIRS.—The the Securities and Exchange Commission. FUTURES.—The Commission may, as nec- head of the Office of External Affairs shall be SEC. 1323. JURISDICTION OF MARGIN AUTHOR- the Director of External Affairs, who shall— ITY. essary to ensure the financial integrity of (A) be appointed by the Chairman; (a) MARGIN AUTHORITY WITH RESPECT TO the contract markets— (B) serve as the formal liaison of the Com- SECURITIES.—There are transferred to the (1) by order, direct a contract market to mission with the Congress, the executive Commission the functions of the Board of adjust the level of margin required on any branch, State and local governments, and Governors of the Federal Reserve System contract; or foreign governments and regulators; and under section 7 of the Securities Exchange (2) by regulation, prescribe limits on the (C) coordinate the international regulatory Act of 1934 (15 U.S.C. 78g). level of margin that a contract market may policy initiatives of the Commission with (b) CONFORMING AMENDMENTS.— require on any class or category of contract. the Secretary of the Treasury. (1) DEFINITIONS.—Section 3(a)(15) of the Se- (d) MARGIN AUTHORITY WITH RESPECT TO SEC. 1315. GENERAL COUNSEL. curities Exchange Act of 1934 (15 U.S.C. SWAPS.—The Commission may prescribe lim- (a) OFFICE ESTABLISHED.—There shall be in 78c(a)(15)) is amended by striking ‘‘Securities its on the level of margin on non-cleared the Commission an Office of General Coun- and Exchange Commission established by sel. section 4 of this title’’ and inserting ‘‘Finan- swaps— (b) GENERAL COUNSEL.— cial Markets Commission’’. (1) in accordance with section 15F(e) of the (1) IN GENERAL.—The head of the Office of (2) MARGIN REQUIREMENTS.—Section 7 of Securities Exchange Act of 1934, as added by the General Counsel shall be the General the Securities Exchange Act of 1934 (15 the Wall Street Transparency and Account- Counsel, who shall be appointed by the U.S.C. 78g) is amended— ability Act of 2010, for security-based swaps; Chairman. (A) in subsection (a), by striking ‘‘the and (2) DUTIES OF THE GENERAL COUNSEL.—The Board of Governors of the Federal Reserve (2) in accordance with section 4s(e) of the General Counsel shall— System shall, prior to the effective date of Commodity Exchange Act, as amended in the (A) report directly to the Commission; this section and from time to time there- Wall Street Transparency and Account- (B) serve as the legal advisor of the Com- after,’’ and inserting ‘‘the Commission ability Act of 2010, for commodity-based mission; shall’’; swaps.

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Subtitle C—Administrative Provisions date of the major rule, and every 5 years (c) PROCEEDS FROM REIMBURSEMENTS.— PART I—PERSONNEL PROVISIONS thereafter. The comprehensive review shall Proceeds from reimbursements under this include a public comment period. section may be credited to the appropriation SEC. 1331. OFFICERS AND EMPLOYEES. (c) STATUS REVIEW OF MINOR RULES.—The of funds that bear or will bear all or part of (a) APPOINTMENT AND COMPENSATION.—The Commission shall conduct a status review the cost of such equipment or facilities pro- Commission may appoint and fix the com- for each rule of the Commission that is not vided or to refund excess sums when nec- pensation of such officers and employees, in- a major rule (as that term is defined in sec- essary. cluding attorneys, as may be necessary to tion 804(2) of title 5, United States Code) not (d) TITLE TO PROPERTY.—Any interest in carry out the functions of the Commission, later than 5 years after the effective date of real property acquired pursuant to this title in accordance with title 5, United States the rule, and every 5 years thereafter, to de- shall be acquired in the name of the United Code. termine whether such rule should be des- States Government. (b) LIMITED-TERM APPOINTEES.—Notwith- ignated as a major rule. standing any other provision of law, the Di- SEC. 1339. FUNDS TRANSFER. (d) REPORT ON EXISTING RULES.—Not later rector of the Office of Personnel Manage- The Commission may, when authorized in than 1 year after the date of enactment of ment shall establish positions within the an appropriation Act in any fiscal year, this Act, the Commission shall submit to the Senior Executive Service for 10 limited-term transfer funds from 1 appropriation to an- Committee on Banking, Housing, and Urban appointees. The Commission shall appoint other within the Commission, except that no Affairs of the Senate and the Committee on individuals to such positions as provided by appropriation for any fiscal year shall be ei- Financial Services of the House of Rep- section 3394 of title 5, United States Code. ther increased or decreased pursuant to this resentatives, a report containing a schedule Such positions shall expire upon the later of section by more than 5 percent and no such for the review in accordance with this sec- 3 years after the transfer date or 3 years transfer shall result in increasing any such tion of rules in effect on the date of enact- after the initial appointment to each posi- appropriation above the amount authorized ment of this Act. tion. Positions in effect under this sub- to be appropriated therefor. section shall be taken into account in apply- SEC. 1336. CONTRACTS. SEC. 1340. SEAL OF COMMISSION. ing the limitations on positions prescribed (a) IN GENERAL.—Subject to the provisions The Commission shall cause a seal of office under section 3134(e) and section 5108 of title of the Federal Property and Administrative to be made for the Commission of such de- 5, United States Code. Services Act of 1949 (41 U.S.C. 251 et seq.), sign as the Commission shall approve. Judi- the Commission may— SEC. 1332. EXPERTS AND CONSULTANTS. cial notice shall be taken of such seal. (1) make, enter into, and perform such con- The Commission may obtain the services SEC. 1341. ANNUAL REPORT. tracts, grants, leases, cooperative agree- of experts and consultants in accordance ments, or other similar transactions with (a) REPORT REQUIRED.—The Commission with the provisions of section 3109 of title 5, Federal or other public agencies (including shall, as soon as practicable after the close United States Code, and may compensate State and local governments) and private or- of each fiscal year, make a single, com- such experts and consultants at rates not to ganizations and persons; and prehensive report to the President for trans- exceed the daily rate prescribed for SK–18 of (2) make such payments, by advance or re- mission to the Congress on the activities of the Special Rate Schedule under section 5332 imbursement, as the Commission may deter- the Commission during such fiscal year. of such title. mine necessary or appropriate to carry out (b) CONTENTS.—Each report under sub- PART II—GENERAL ADMINISTRATIVE functions of the Commission. section (a) shall include— PROVISIONS (b) APPROPRIATIONS REQUIRED.—Notwith- (1) a statement of goals, priorities, and SEC. 1333. GENERAL AUTHORITY. standing any other provision of this title, no plans of the Commission; In carrying out any function transferred authority to enter into contracts or to make (2) an assessment of the progress made by by this title, the Commission, or any officer payments under this title shall be effective the Commission toward— or employee of the Commission, may exer- except to such extent or in such amounts as (A) the attainment of the goals, priorities, cise any authority available by law (includ- are provided in advance under appropriation and plans of the Commission; and ing appropriation Acts) with respect to such Acts. (B) the more effective and efficient man- agement of the Commission and the coordi- function to the official or agency from which SEC. 1337. REGIONAL AND FIELD OFFICES. nation of its functions; such function is transferred, and the actions The Commission may establish, alter, dis- (3) recommendations, if any, for proposed of the Commission in exercising such author- continue, or maintain such regional or other legislation for the achievement of the goals, ity shall have the same force and effect as field offices of the Commission as the Com- priorities, and plans of the Commission; and when exercised by such official or agency. mission determines necessary or appropriate (4) an estimate of— to perform functions of the Commission. SEC. 1334. DELEGATION. (A) the number of the non-Federal per- (a) IN GENERAL.—Except as otherwise pro- SEC. 1338. USE OF FACILITIES. sonnel employed pursuant to contracts en- vided in this title, the Commission may dele- (a) USE BY COMMISSION.—The Commission tered into by the Commission under section gate any function to such officers and em- may, with or without reimbursement and 1336 or under any other authority (including ployees of the Commission as the Commis- with the consent of the entity concerned, use any subcontract thereunder); sion may designate, and may authorize such the research, equipment, services, or facili- (B) the number of such contracts and sub- successive redelegations of such functions ties of any agency or instrumentality of the contracts pursuant to which non-Federal within the Commission as may be necessary United States, of any State or political sub- personnel are employed; and or appropriate. division thereof, or of any foreign govern- (C) the total cost of such contracts and (b) AUTOMATIC SUNSET OF DELEGATIONS.— ment, in carrying out any function of the subcontracts. Each delegation of function shall automati- Commission. cally expire 3 years after the effective date (b) USE BY OTHERS.— Subtitle D—Transitional, Savings, and of the delegation, unless renewed by the (1) IN GENERAL.—Except as provided in Conforming Provisions Commission. paragraph (4), the Commission may permit SEC. 1351. TRANSFER OF EMPLOYEES. (c) EXISTING DELEGATIONS.—Each delega- public and private agencies, corporations, as- (a) IN GENERAL.— tion of function in effect on the date of en- sociations, organizations, or individuals to (1) TRANSFER OF EMPLOYEES.—All employ- actment of this Act shall automatically ex- use any real property, or any facilities, ees of the Securities and Exchange Commis- pire 3 years after the date of enactment of structures, or other improvements thereon, sion and the Commodity Futures Trading this Act, unless renewed by the Commission. under the custody and control of the Com- Commission shall be transferred to the Com- (d) COMMISSION RESPONSIBILITY FOR ADMIN- mission for the purposes of the Commission. mission. ISTRATION OF DELEGATED FUNCTIONS.—No del- (2) TERMS AND RATES.—The Commission (2) APPOINTMENT AUTHORITY FOR EXCEPTED egation of functions by the Commission shall permit the use of such property, facili- SERVICE TRANSFERRED.— under this section or under any other provi- ties, structures, or improvements under this (A) IN GENERAL.—Except as provided in sion of this title shall relieve the Commis- subsection under such terms and rates and subparagraph (B), any appointment author- sion of responsibility for the administration for such period as may be in the public inter- ity of the Securities and Exchange Commis- of such functions. est, except that the periods of such uses may sion and the Commodity Futures Trading SEC. 1335. RULES. not exceed 5 years. Commission under Federal law that relates (a) IN GENERAL.—The Commission may (3) RECONDITIONING AND MAINTENANCE.—The to the functions transferred under section prescribe such rules, regulations, and orders Commission may require permittees under 1321, including the regulations of the Office as the Commission determines necessary or this section to recondition and maintain, at of Personnel Management, for filling the po- appropriate to administer and manage the their own expense, the real property, facili- sitions of employees in the excepted service functions of the Commission. ties, structures, and improvements used by shall be transferred to the Chairman. (b) COMPREHENSIVE REVIEW OF MAJOR such permittees under this subsection to a (B) DECLINING TRANSFERS ALLOWED.—The RULES.—The Commission shall conduct a standard satisfactory to the Commission. Chairman may decline to accept a transfer of comprehensive review of each major rule (as (4) EXCEPTION.—This subsection shall not authority under subparagraph (A) (and the that term is defined in section 804(2) of title apply to excess property, as that term is de- employees appointed under that authority) 5, United States Code) issued by the Commis- fined in section 102 of title 40, United States to the extent that such authority relates to sion not later than 5 years after the effective Code. positions excepted from the competitive

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(1) be transferred not later than 90 days employee only during the period that the (D) CONTRIBUTION OF TRANSFERRED EM- after the transfer date; and transferred employee remains employed by PLOYEE.— (2) receive notice of the position assign- the Commission. (i) IN GENERAL.—Subject to clause (ii), a ment of the employee not later than 120 days (4) PAY INCREASES PERMITTED.—Nothing in transferred employee who is enrolled in a after the effective date of the transfer. this subsection shall limit the authority of plan under the Federal Employees Health (c) TRANSFER OF FUNCTIONS.— the Chairman to increase the pay of a trans- Benefits Program shall pay any employee (1) IN GENERAL.—Notwithstanding any ferred employee. contribution required under the plan. other provision of law, the transfer of em- (i) BENEFITS.— (ii) COST DIFFERENTIAL.—The Chairman ployees under this title shall be deemed a (1) RETIREMENT BENEFITS FOR TRANSFERRED shall pay any difference in cost between the transfer of functions for the purpose of sec- EMPLOYEES.— employee contribution required under the tion 3503 of title 5, United States Code. (A) IN GENERAL.— plan provided to transferred employees by (2) PRIORITY OF THIS ACT.—If any provision (i) CONTINUATION OF EXISTING RETIREMENT the agency from which the employee trans- of this title conflicts with any protection PLAN.—Each transferred employee shall re- ferred on the date of enactment of this Act provided to a transferred employee under main enrolled in the retirement plan of the and the plan provided by the Chairman under section 3503 of title 5, United States Code, transferred employee, for as long as the this section. the provisions of this title shall control. transferred employee is employed by the (iii) FUNDS TRANSFER.—The Chairman shall (d) STATUS AND ELIGIBILITY OF EMPLOY- Commission. transfer to the Employees Health Benefits EES.—The transfer of functions and employ- (ii) EMPLOYER’S CONTRIBUTION.—The Chair- Fund established under section 8909 of title 5, ees under this title, and the abolishment of man shall pay any employer contributions to United States Code, an amount determined the Securities and Exchange Commission the existing retirement plan of each trans- by the Director of the Office of Personnel and the Commodity Futures Trading Com- ferred employee, as required under each such Management, after consultation with the mission under section 1322, shall not affect existing retirement plan. Chairman and the Office of Management and the status of the transferred employees as (B) DEFINITION.—In this paragraph, the Budget, to be necessary to reimburse the employees of an agency of the United States term ‘‘existing retirement plan’’ means, with Fund for the cost to the Fund of providing under any provision of law. respect to a transferred employee, the retire- any benefits under this subparagraph that (e) EQUAL STATUS AND TENURE POSITIONS.— ment plan (including the Financial Institu- are not otherwise paid for by a transferred (1) STATUS AND TENURE.—Each transferred tions Retirement Fund), and any associated employee under clause (i). employee shall be placed in a position at the thrift savings plan, of the agency from which (E) SPECIAL PROVISIONS TO ENSURE CONTINU- Commission with the same status and tenure the employee was transferred in which the ATION OF LIFE INSURANCE BENEFITS.— as the transferred employee held on the day employee was enrolled on the day before the (i) IN GENERAL.—An annuitant, as defined before the date on which the employee was date on which the employee was transferred. in section 8901 of title 5, United States Code, transferred. (2) BENEFITS OTHER THAN RETIREMENT BENE- who is enrolled in a life insurance plan ad- (2) FUNCTIONS.—To the extent practicable, FITS.— ministered by an agency from which employ- each transferred employee shall be placed in (A) DURING FIRST YEAR.— ees are transferred under this Act on the day a position at the Commission responsible for (i) EXISTING PLANS CONTINUE.—During the before the transfer date shall be eligible for the same functions and duties as the trans- 1-year period following the transfer date, coverage by a life insurance plan under sec- ferred employee had on the day before the each transferred employee may retain mem- tion 8706(b), 8714a, 8714b, or 8714c of title 5, date on which the employee was transferred, bership in any employee benefit program United States Code, or by a life insurance in accordance with the expertise and pref- (other than a retirement benefit program) of plan established by the Chairman, without erences of the transferred employee. the agency from which the employee trans- regard to any regularly scheduled open sea- (f) NO ADDITIONAL CERTIFICATION REQUIRE- ferred, including any dental, vision, long MENTS.—An examiner who is a transferred son or any requirement of insurability. term care, or life insurance program to employee shall not be subject to any addi- (ii) CONTRIBUTION OF TRANSFERRED EM- which the employee belonged on the day be- tional certification requirements before PLOYEE.— fore the transfer date. being placed in a comparable position in the (I) IN GENERAL.—Subject to subclause (II), (ii) EMPLOYER’S CONTRIBUTION.—The Chair- Commission, if the examiner carries out ex- a transferred employee enrolled in a life in- man shall pay any employer cost required to aminations of the same type of institutions surance plan under this clause shall pay any as an employee of the Commission as the ex- extend coverage in the benefit program to employee contribution required by the plan. aminer carried out before the date on which the transferred employee as required under (II) COST DIFFERENTIAL.—The Chairman the employee was transferred. that program or negotiated agreements. shall pay any difference in cost between the (g) PERSONNEL ACTIONS LIMITED.— (B) DENTAL, VISION, OR LIFE INSURANCE benefits provided by the agency from which (1) 2-YEAR PROTECTION.—Except as provided AFTER FIRST YEAR.—If, after the 1-year period the employee transferred on the date of en- in paragraph (2), during the 2-year period be- beginning on the transfer date, the Chairman actment of this Act and the benefits pro- ginning on the transfer date, an employee determines that the Commission will not vided under this section. holding a permanent position on the day be- continue to participate in any dental, vision, (III) FUNDS TRANSFER.—The Chairman fore the date on which the employee was or life insurance program of an agency from shall transfer to the Employees’ Life Insur- transferred shall not be involuntarily sepa- which an employee transferred, a transferred ance Fund established under section 8714 of rated or involuntarily reassigned outside the employee who is a member of the program title 5, United States Code, an amount deter- locality pay area (as defined by the Office of may, before the decision of the Chairman mined by the Director of the Office of Per- Personnel Management) of the employee. takes effect and without regard to any regu- sonnel Management, after consultation with (2) EXCEPTIONS.—The Chairman may— larly scheduled open season, elect to enroll the Chairman and the Office of Management (A) separate a transferred employee for in— and Budget, to be necessary to reimburse the cause, including for unacceptable perform- (i) the enhanced dental benefits program Fund for the cost to the Fund of providing ance; or established under chapter 89A of title 5, benefits under this subparagraph not other- (B) terminate an appointment to a position United States Code; wise paid for by a transferred employee excepted from the competitive service be- (ii) the enhanced vision benefits estab- under subclause (I). cause of its confidential policy-making, pol- lished under chapter 89B of title 5, United (IV) CREDIT FOR TIME ENROLLED IN OTHER icy-determining, or policy-advocating char- States Code; and PLANS.—For any transferred employee, en- acter. (iii) the Federal Employees’ Group Life In- rollment in a life insurance plan adminis- (h) PAY.— surance Program established under chapter tered by the agency from which the em- (1) 2-YEAR PROTECTION.—Except as provided 87 of title 5, United States Code, without re- ployee transferred, the Chairman imme- in paragraph (2), during the 2-year period be- gard to any requirement of insurability. diately before enrollment in a life insurance ginning on the date on which the employee (C) LONG TERM CARE INSURANCE AFTER 1ST plan under chapter 87 of title 5, United was transferred under this title, a trans- YEAR.—If, after the 1-year period beginning States Code, shall be considered as enroll- ferred employee shall be paid at a rate that on the transfer date, the Chairman deter- ment in a life insurance plan under that is not less than the basic rate of pay, includ- mines that the Commission will not continue chapter for purposes of section 8706(b)(1)(A) ing any geographic differential, that the to participate in any long term care insur- of title 5, United States Code. transferred employee received during the 2- ance program of an agency from which an (j) IMPLEMENTATION OF UNIFORM PAY AND year period immediately preceding the date employee transferred, a transferred em- CLASSIFICATION SYSTEM.—Not later than 2 on which the employee was transferred. ployee who is a member of such a program years after the transfer date, the Chairman (2) EXCEPTIONS.—The Chairman may re- may, before the decision of the Chairman shall implement a uniform pay and classi- duce the rate of basic pay of a transferred takes effect, elect to apply for coverage fication system for all transferred employ- employee— under the Federal Long Term Care Insurance ees.

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(k) EQUITABLE TREATMENT.—In admin- stituted for the Commissioners of the Com- other persons or circumstances shall be af- istering the provisions of this section, the modity Futures Trading Commission or the fected thereby. Chairman— Commodity Futures Trading Commission, as SEC. 1355. REFERENCES IN FEDERAL LAW. (1) may not take any action that would un- the case may be, as a party to the action or On and after the transfer date of this title, fairly disadvantage a transferred employee proceeding as of the transfer date. any reference in any other Federal law to relative to any other transferred employee (c) CONTINUATION OF EXISTING ORDERS, RES- any function of any department, commis- on the basis of prior employment by the Se- OLUTIONS, DETERMINATIONS, AGREEMENTS, sion, or agency, or any officer or office that curities and Exchange Commission or the REGULATIONS, ETC.— is transferred under this title shall be Commodity Futures Trading Commission; (1) SECURITIES AND EXCHANGE COMMISSION.— deemed to be a reference to the Commission, and All orders, resolutions, determinations, or the official or component of the Commis- (2) may take such action as is appropriate agreements, and regulations, interpretative sion to which this title transfers such func- in an individual case to ensure that a trans- rules, other interpretations, guidelines, pro- tions. ferred employee receives equitable treat- cedures, and other advisory materials that SEC. 1356. AMENDMENTS. ment, with respect to the status, tenure, have been issued, made, prescribed, or al- (a) EXECUTIVE SCHEDULE SALARIES.— pay, benefits (other than benefits under pro- lowed to become effective by the Securities (1) CHAIRMAN.—Section 5314 of title 5, grams administered by the Office of Per- and Exchange Commission, or by a court of United States Code, is amended— sonnel Management), and accrued leave or competent jurisdiction, that are in effect on (A) by striking the item relating to vacation time for prior periods of service the day before the transfer date, shall con- ‘‘Chairman, Securities and Exchange Com- with any Federal agency of the transferred tinue in effect according to the terms of mission.’’ and inserting the following: employee. those orders, resolutions, determinations, ‘‘Chairman, Financial Markets Commis- SEC. 1352. PROPERTY TRANSFERRED. agreements, and regulations, interpretative sion.’’; and (a) PROPERTY DEFINED.—For purposes of rules, other interpretations, guidelines, pro- (B) by striking the item relating to ‘‘Chair- this section, the term ‘‘property’’ includes cedures, and other advisory materials, and man, Commodity Futures Trading Commis- all real property (including leaseholds) and shall be enforceable by or against the Com- sion.’’. all personal property (including computers, mission until modified, terminated, set (2) MEMBERS.—Section 5315 of title 5, furniture, fixtures, equipment, books, ac- aside, or superseded in accordance with ap- United States Code, is amended— counts, records, reports, files, memoranda, plicable law by the Commission, by any (A) by striking the item relating to ‘‘Mem- paper, reports of examination, work papers court of competent jurisdiction, or by oper- bers, Securities and Exchange Commission’’ and correspondence related to such reports, ation of law. and inserting the following: and any other information or materials). (2) COMMODITY FUTURES TRADING COMMIS- ‘‘Members, Financial Markets Commis- (b) IN GENERAL.—Not later than 90 days SION.—All orders, resolutions, determina- sion’’; and after the transfer date, all property of the tions, agreements, and regulations, interpre- (B) by striking the item relating to ‘‘Mem- Securities and Exchange Commission and tative rules, other interpretations, guide- bers, Commodity Futures Trading Commis- the Commodity Futures Trading Commission lines, procedures, and other advisory mate- sion.’’. shall be transferred to the Commission. rials, that have been issued, made, pre- (b) CONFORMING AMENDMENTS.— (c) CONTRACTS RELATED TO PROPERTY scribed, or allowed to become effective by (1) SECURITIES EXCHANGE ACT.—Sections 4 TRANSFERRED.—Each contract, agreement, the Commodity Futures Trading Commis- and 35 of the Securities Exchange Act of 1934 lease, license, permit, and similar arrange- sion, or by a court of competent jurisdiction, (15 U.S.C. 78d and 78kk) are repealed. ment relating to property transferred to the that are in effect on the day before the (2) COMMODITY EXCHANGE ACT.—Section 2(a) Commission by this section shall be trans- transfer date, shall continue in effect accord- of the Commodity Exchange Act (7 U.S.C. 2) ferred to the Commission together with the ing to the terms of those orders, resolutions, is amended by striking paragraphs (2), (3), property. determinations, agreements, and regula- and (4). (d) PRESERVATION OF PROPERTY.—Property tions, interpretative rules, other interpreta- SEC. 1357. INTERIM USE OF FUNDS, PERSONNEL, identified for transfer under this section tions, guidelines, procedures, and other advi- AND PROPERTY. shall not be altered, destroyed, or deleted be- sory materials, and shall be enforceable by (a) INTERIM AUTHORITY OF CHAIRMAN.—Dur- fore transfer under this section. or against the Commission until modified, ing the period beginning on the date on SEC. 1353. SAVINGS PROVISIONS. terminated, set aside, or superseded in ac- which the first Chairman is appointed under (a) SECURITIES AND EXCHANGE COMMIS- cordance with applicable law by the Commis- section 1312 and ending on the transfer date, SION.— sion, by any court of competent jurisdiction, the Chairman shall— (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- or by operation of law. (1) consult and cooperate with the Chair- TIONS NOT AFFECTED.—Sections 1321(a) and (d) IDENTIFICATION OF REGULATIONS CONTIN- man of the Securities and Exchange Com- 1322 shall not affect the validity of any right, UED.—Not later than the transfer date, the mission and the Chairman of the Commodity duty, or obligation of the United States, the Chairman shall— Futures Trading Commission to facilitate Commissioners of the Securities and Ex- (1) in consultation with the Chairman of the orderly transfer of functions to the Com- change Commission, the Securities and Ex- the Securities and Exchange Commission mission; change Commission, or any other person, and the Chairman of the Commodity Futures (2) determine, from time to time— that existed on the day before the transfer Trading Commission, identify the regula- (A) the amount of funds necessary to pay date. tions continued under subsection (c) that the expenses of the Commission (including (2) CONTINUATION OF SUITS.—This title shall will be enforced by the Commission; and expenses for personnel, property, and admin- not abate any action or proceeding com- (2) publish a list of such regulations in the istrative services); menced by or against the Commissioners of Federal Register. (B) which personnel are appropriate to fa- the Securities and Exchange Commission or (e) STATUS OF REGULATIONS PROPOSED OR cilitate the orderly transfer of functions the Securities and Exchange Commission be- NOT YET EFFECTIVE.— under this title; and fore the transfer date, except that the Chair- (1) PROPOSED REGULATIONS.—Any proposed (C) what property and administrative serv- man or the Commission shall be substituted regulation of the Securities and Exchange ices are necessary to support the Commis- for the Commissioners or the Securities and Commission or the Commodity Futures sion; and Exchange Commission, as the case may be, Trading Commission which that agency, in (3) take such actions as may be necessary as a party to any such action or proceeding performing functions transferred by this to provide for the orderly implementation of as of the transfer date. title, has proposed before the transfer date this title. (b) COMMODITY FUTURES TRADING COMMIS- but has not published as a final regulation (b) INTERIM RESPONSIBILITIES.—Before the SION.— before that date, shall be deemed to be a pro- transfer date, upon the request of the Chair- (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- posed regulation of the Commission. man, the Chairman of the Securities and Ex- TIONS NOT AFFECTED.—Sections 1321(b) and (2) REGULATIONS NOT YET EFFECTIVE.—Any change Commission and the Chairman of the 1322 shall not affect the validity of any right, interim or final regulation of the Securities Commodity Futures Trading Commission duty, or obligation of the United States, the and Exchange Commission or the Com- shall each— Commissioners of the Commodity Futures modity Futures Trading Commission which (1) pay to the Chairman, from funds appro- Trading Commission, the Commodity Fu- that agency, in performing functions trans- priated to such agencies, such funds as the tures Trading Commission, or any other per- ferred by this title, has published before the Chairman determines to be necessary under son, that existed on the day before the trans- transfer date but which has not become ef- subsection (a)(2)(A); fer date. fective before that date, shall become effec- (2) detail to the Commission such per- (2) CONTINUATION OF SUITS.—This Act shall tive as a regulation of the Commission ac- sonnel as the Chairman determines to be ap- not abate any action or proceeding com- cording to the terms of the regulation. propriate under subsection (a)(2)(B); and menced by or against the Commissioners of SEC. 1354. SEVERABILITY. (3) make available to the Commission such the Commodity Futures Trading Commission If any provision of this title or the applica- property and provide to the Commission or the Commodity Futures Trading Commis- tion thereof to any person or circumstance is such administrative services as the Chair- sion before the transfer date, except that the held invalid, neither the remainder of this man determines to be necessary under sub- Chairman or the Commission shall be sub- title nor the application of such provision to section (a)(2)(C).

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(c) NOTICE REQUIRED.—The Chairman shall ‘‘(c) DIVISION OF CORPORATE DISCLOSURE.— Division is not required to undertake origi- give to the Chairman of the Securities and ‘‘(1) IN GENERAL.—There shall be within the nal research in the preparation thereof); Exchange Commission and the Chairman of Commission a Division of Corporate Disclo- ‘‘(iii) shall describe the extent to which the the Commodity Futures Trading Commission sure. conclusions of the report remain subject to reasonable notice of any request that the ‘‘(2) HEAD OF DIVISION.—The head of the Di- uncertainty; and Chairman intends to make under subsection vision of Corporate Disclosure shall be ap- ‘‘(iv) with respect to a report delivered in (b). pointed by the Chairman. connection with a proposed rulemaking or Subtitle E—Transfer Date ‘‘(3) SUBDIVISION.—There shall be within other proposed action, may request informa- SEC. 1361. TRANSFER DATE. the Division of Corporate Disclosure a sub- tion or comment from the public. (a) TRANSFER DATE.—Except as provided in division with responsibility for functions re- ‘‘(C) FORM AND OVERSIGHT.—Each report re- subsection (b), the term ‘‘transfer date’’ lating to accounting and auditing matters. quired by subparagraph (A)— means the date that is 1 year after the date ‘‘(d) DIVISION OF ECONOMIC ANALYSIS.— ‘‘(i) shall be prepared under the direction of enactment of this title. ‘‘(1) PURPOSES.—The purpose of this sub- of, and expressly approved by and published (b) EXTENSION PERMITTED.— section is to enhance the ability of the Com- over the name of, the Chief Economist; (1) NOTICE REQUIRED.—The President may mission to use professional and objective ‘‘(ii) shall not be subject to approval by the designate a transfer date that is not later economic analysis to inform the design and Chairman of the Commission or the Commis- than 18 months after the date of enactment implementation of rulemaking and other ac- sion; of this Act, if the President transmits to the tions of the Commission. ‘‘(iii) shall be in final form, dated not later Committee on Banking, Housing, and Urban ‘‘(2) DIVISION ESTABLISHED.—There shall be than 1 week prior to the vote of the Commis- Affairs of the Senate and the Committee on within the Commission a Division of Eco- sion (or the circulation of a seriatim or other Financial Services of the House of Rep- nomic Analysis. means of Commission action) to which the resentatives— ‘‘(3) SUBDIVISIONS.—There shall be within report relates, to ensure adequate oppor- (A) a written determination that orderly the Division of Economic Analysis— tunity for the Commission to consider its implementation of this title is not feasible ‘‘(A) a subdivision with responsibility for contents prior to such action; before the date that is 1 year after the date functions relating to risk analysis and finan- ‘‘(iv) shall include a statement confirming of enactment of this Act; cial innovation; and that the Chairman of the Commission in- (B) an explanation of why an extension is ‘‘(B) a subdivision with responsibility for formed the Division, not later than 60 days necessary for the orderly implementation of functions relating to international technical prior to the date of the report, of all mate- this title; and assistance. rial aspects of the proposed action covered (C) a description of the steps that will be ‘‘(4) CHIEF ECONOMIST.— by the report, in sufficient detail for the pur- taken to effect an orderly and timely imple- ‘‘(A) APPOINTMENT.—The Division shall be poses of the report or, if a lesser time was af- mentation of this title within the extended headed by a Chief Economist, appointed by forded, that such lesser time was reasonably time period. the Chairman of the Commission, subject to sufficient for the preparation of the report; (2) PUBLICATION OF NOTICE.—Not later than approval of a vote of at least a majority of and 180 days after the date of enactment of this the members of the Commission then in of- ‘‘(v) shall include a statement confirming Act, the President shall publish in the Fed- fice, such majority to include at least 1 that the Division was afforded reasonably eral Register notice of any date designated member of the Commission who is not a sufficient resources for the preparation of under paragraph (1). member of the same political party as the the report, or describing any lack thereof. Chairman, if any such member is then in of- ‘‘(D) EXCEPTION.— SA 4030. Mr. CRAPO submitted an fice. ‘‘(i) IN GENERAL.—Notwithstanding sub- amendment intended to be proposed by ‘‘(B) CRITERIA.—The Chief Economist— paragraph (A), no report shall be required him to the bill S. 3217, to promote the ‘‘(i) shall be an experienced economist of under this paragraph— financial stability of the United States distinction, with a doctorate in economics or ‘‘(I) if the subject Commission action does by improving accountability and trans- the equivalent in education and experience; not propose or adopt a major rule for pur- parency in the financial system, to end ‘‘(ii) shall report to and be under the gen- poses of the Small Business Regulatory En- eral supervision of the Chairman; and forcement Fairness Act of 1996, unless at ‘‘too big to fail’’, to protect the Amer- least 2 members of the Commission (or 1 ican taxpayer by ending bailouts, to ‘‘(iii) shall not report to, or be subject to supervision by, any other officer or employee member, if 5 members of the Commission are protect consumers from abusive finan- of the Commission. not then in office) request a report; or cial services practices, and for other ‘‘(C) REMOVAL.—The Chairman of the Com- ‘‘(II) at the time of issuance of an interim purposes; which was ordered to lie on mission may remove the Chief Economist final rulemaking or other emergency action the table; as follows: from office. The Chairman shall commu- by the Commission, provided that a report Strike section 965 and insert the following: nicate in writing to both Houses of Congress regarding such rulemaking or action is pub- SEC. 965. ORGANIZATION OF COMMISSION. the reasons for any such removal, not later lished not later than 60 days thereafter. The Securities Exchange Act of 1934 (15 than 30 days before the effective date of such ‘‘(ii) PROCEDURE.—The Commission may U.S.C. 78 et seq.) is amended by inserting removal. adopt rules of procedure governing the time after section 4D, as added by section 996 of ‘‘(5) REPORTS.— and manner by which requests described in this Act, the following: ‘‘(A) IN GENERAL.—Except as provided in clause (i)(I) shall be made by members of the ‘‘SEC. 4E. ORGANIZATION OF THE COMMISSION. subparagraph (D), whenever using its author- Commission. ‘‘(a) DIVISION OF RETAIL INVESTOR PROTEC- ity under any provision of law, the Commis- ‘‘(e) DIVISION OF ENFORCEMENT.— TION AND RETAIL FINANCIAL SERVICES.— sion publishes a release giving notice of a ‘‘(1) IN GENERAL.—There shall be within the ‘‘(1) IN GENERAL.—There shall be within the proposed rulemaking or other proposed ac- Commission a Division of Enforcement. Commission a Division of Retail Investor tion by the Commission, and affords inter- ‘‘(2) HEAD OF DIVISION.—The head of the Di- Protection and Retail Financial Services. ested persons an opportunity to comment on vision of Enforcement shall be appointed by ‘‘(2) HEAD OF DIVISION.—The head of the Di- such proposed rulemaking or other action or the Chairman. vision of Retail Investor Protection and Re- publishes a release adopting a final rule or ‘‘(3) SUBDIVISION.—There shall be within tail Financial Services shall be appointed by otherwise taking action after such publica- the Division of Enforcement a subdivision the Chairman. tion and opportunity to comment, such re- with responsibility for functions relating to ‘‘(3) SUBDIVISIONS.—There shall be within lease shall include as a part thereof a report international enforcement assistance.’’. the Division of Retail Investor Protection by the Division. and Retail Financial Services— ‘‘(B) CONTENT.—Each report required by SA 4031. Mr. CRAPO submitted an ‘‘(A) a subdivision with responsibility for subparagraph (A)— amendment intended to be proposed to functions relating to investor outreach and ‘‘(i) shall set forth in reasonable detail an amendment SA 3739 proposed by Mr. education; and economic analysis of the consequences of the REID (for Mr. DODD (for himself and ‘‘(B) a subdivision with responsibility for Commission action that is the subject of the functions relating to inspections and exami- report, in light of the statutory responsibil- Mrs. LINCOLN)) to the bill S. 3217, to nations. ities of the Commission and the stated pur- promote the financial stability of the ‘‘(b) DIVISION OF TRADING.— poses of the Commission for the action, in- United States by improving account- ‘‘(1) IN GENERAL.—There shall be within the cluding when the responsibilities of the Com- ability and transparency in the finan- Commission a Division of Trading. mission so require, the effects of the action cial system, to end ‘‘too big to fail’’, to ‘‘(2) HEAD OF DIVISION.—The head of the Di- on efficiency, competition, and capital for- protect the American taxpayer by end- vision of Trading shall be appointed by the mation; ing bailouts, to protect consumers Chairman. ‘‘(ii) shall refer to any peer-reviewed or ‘‘(3) SUBDIVISION.—There shall be within other relevant literature, including any from abusive financial services prac- the Division of Trading a subdivision with study undertaken by the staff of the Com- tices, and for other purposes; which responsibility for functions relating to in- mission, that provides support for the anal- was ordered to lie on the table; as fol- spections and examinations. ysis contained in the report (except that the lows:

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On page 1258, strike line 24 and all that fol- this subsection, the Bureau shall coordinate ‘‘(1) IN GENERAL.—In the case of qualifying lows through page 1267, line 12 and insert the with the appropriate prudential regulator. drugs imported or offered for import into the following: United States from registered exporters or (B) obtaining information about the activi- SA 4032. Mr. MCCAIN submitted an by registered importers— ties subject to such law and the associated amendment intended to be proposed to ‘‘(A) the limitation on importation that is compliance systems or procedures of such amendment SA 3823 proposed by Mr. established in section 801(d)(1) is waived; and persons; and LEAHY (for himself, Mr. DURBIN, Mr. ‘‘(B) the standards referred to in section (C) detecting and assessing risks to con- ROCKEFELLER, Mr. SCHUMER, Mrs. FEIN- 801(a) regarding admission of the drugs are subject to subsection (g) of this section (in- sumers and to markets for consumer finan- STEIN, Mr. SPECTER, Mr. WHITEHOUSE, cial products and services. cluding with respect to qualifying drugs to Ms. CANTWELL, Mr. KAUFMAN, Mrs. (2) COORDINATION.—To minimize regulatory which section 801(d)(1) does not apply). GILLIBRAND, Mr. WYDEN, Mr. BROWN of burden, the Bureau and the prudential regu- ‘‘(2) IMPORTERS.—A qualifying drug may lators shall coordinate their supervisory ac- Ohio, Mr. LIEBERMAN, Mr. BURRIS, Mrs. not be imported under paragraph (1) unless— tivities for persons described in subsection MCCASKILL, Mr. FRANKEN, Mr. BENNET, ‘‘(A) the drug is imported by a pharmacy, (a), in a manner that— Mr. FEINGOLD, Mr. LAUTENBERG, Mr. group of pharmacies, or a wholesaler that is (A) avoids duplication; WEBB, Mrs. BOXER, and Ms. LANDRIEU) a registered importer; or (B) shares information relevant to the su- to the amendment SA 3739 proposed by ‘‘(B) the drug is imported by an individual pervision of the depository institution or af- Mr. REID (for Mr. DODD (for himself and for personal use or for the use of a family member of the individual (not for resale) filiate by each agency; and Mrs. LINCOLN)) to the bill S. 3217, to from a registered exporter. (C) ensures that the depository institution promote the financial stability of the or affiliate is not subject to conflicting su- ‘‘(3) RULE OF CONSTRUCTION.—This section United States by improving account- shall apply only with respect to a drug that pervisory demands by the agencies. ability and transparency in the finan- (3) COORDINATION WITH STATE BANK SUPER- is imported or offered for import into the VISORS.—The Bureau shall pursue arrange- cial system, to end ‘‘too big to fail’’, to United States— ments and agreements with State bank su- protect the American taxpayer by end- ‘‘(A) by a registered importer; or pervisors to coordinate supervisory activi- ing bailouts, to protect consumers ‘‘(B) from a registered exporter to an indi- ties in a manner consistent with paragraph from abusive financial services prac- vidual. (2). tices, and for other purposes; which ‘‘(4) DEFINITIONS.— ‘‘(A) REGISTERED EXPORTER; REGISTERED IM- (4) USE OF EXISTING REPORTS.—The Bureau was ordered to lie on the table; as fol- PORTER.—For purposes of this section: shall, to the fullest extent possible, use— lows: (A) reports pertaining to a person de- ‘‘(i) The term ‘registered exporter’ means On page 2 of the amendment, strike line 21 an exporter for which a registration under scribed in subsection (a) that have been pro- and insert the following: vided or required to have been provided to a subsection (b) has been approved and is in ef- Act. Federal or State agency; and fect. (B) information that has been reported TITLE XIII—IMPORTATION OF ‘‘(ii) The term ‘registered importer’ means a pharmacy, group of pharmacies, or a publicly. PRESCRIPTION DRUGS wholesaler for which a registration under (5) PRESERVATION OF AUTHORITY.—Nothing SEC. 1301. SHORT TITLE. subsection (b) has been approved and is in ef- in this title may be construed as limiting the This title may be cited as the ‘‘Pharma- fect. authority of the Director to require reports ceutical Market Access and Drug Safety Act ‘‘(iii) The term ‘registration condition’ from a person described in subsection (a), as of 2010’’. means a condition that must exist for a reg- permitted under paragraph (1), regarding in- SEC. 1302. FINDINGS. istration under subsection (b) to be ap- formation owned or under the control of Congress finds that— proved. such person, regardless of whether such in- (1) Americans unjustly pay up to 5 times ‘‘(B) QUALIFYING DRUG.—For purposes of formation is maintained, stored, or processed more to fill their prescriptions than con- this section, the term ‘qualifying drug’ by another person. sumers in other countries; (2) the United States is the largest market means a drug for which there is a cor- (6) REPORTS OF TAX LAW NONCOMPLIANCE.— responding U.S. label drug. The Bureau shall provide the Commissioner for pharmaceuticals in the world, yet Amer- ‘‘(C) U.S. LABEL DRUG.—For purposes of of Internal Revenue with any report of exam- ican consumers pay the highest prices for brand pharmaceuticals in the world; this section, the term ‘U.S. label drug’ ination or related information identifying means a prescription drug that— (3) a prescription drug is neither safe nor possible tax law noncompliance. ‘‘(i) with respect to a qualifying drug, has effective to an individual who cannot afford (c) PRIMARY ENFORCEMENT AUTHORITY.— the same active ingredient or ingredients, it; (1) THE BUREAU TO HAVE PRIMARY ENFORCE- route of administration, dosage form, and (4) allowing and structuring the importa- MENT AUTHORITY.—To the extent that the Bu- strength as the qualifying drug; tion of prescription drugs to ensure access to reau and another Federal agency are author- ‘‘(ii) with respect to the qualifying drug, is safe and affordable drugs approved by the ized to enforce a Federal consumer financial manufactured by or for the person that man- Food and Drug Administration will provide a law, the Bureau shall have primary author- ufactures the qualifying drug; level of safety to American consumers that ity to enforce that Federal consumer finan- ‘‘(iii) is approved under section 505(c); and they do not currently enjoy; cial law with respect to any person described ‘‘(iv) is not— in subsection (a). (5) American spend more than ‘‘(I) a controlled substance, as defined in (2) REFERRAL.—Any Federal agency, other $200,000,000,000 on prescription drugs every section 102 of the Controlled Substances Act than the Federal Trade Commission, that is year; (21 U.S.C. 802); authorized to enforce a Federal consumer fi- (6) the Congressional Budget Office has ‘‘(II) a biological product, as defined in sec- nancial law may recommend, in writing, to found that the cost of prescription drugs are tion 351 of the Public Health Service Act (42 the Bureau that the Bureau initiate an en- between 35 to 55 percent less in other highly- U.S.C. 262), including— forcement proceeding with respect to a per- developed countries than in the United ‘‘(aa) a therapeutic DNA plasmid product; son described in subsection (a), as the Bu- States; and ‘‘(bb) a therapeutic synthetic peptide prod- reau is authorized to do by that Federal con- (7) promoting competitive market pricing uct; sumer financial law. would both contribute to health care savings ‘‘(cc) a monoclonal antibody product for in (3) BACKUP ENFORCEMENT AUTHORITY OF and allow greater access to therapy, improv- vivo use; and OTHER FEDERAL AGENCY.—If the Bureau does ing health and saving lives. ‘‘(dd) a therapeutic recombinant DNA-de- not, before the end of the 120-day period be- SEC. 1303. REPEAL OF CERTAIN SECTION RE- rived product; ginning on the date on which the Bureau re- GARDING IMPORTATION OF PRE- SCRIPTION DRUGS. ‘‘(III) an infused drug, including a peri- ceives a recommendation under paragraph Chapter VIII of the Federal Food, Drug, toneal dialysis solution; (2), initiate an enforcement proceeding, the and Cosmetic Act (21 U.S.C. 381 et seq.) is ‘‘(IV) an injected drug; other agency referred to in paragraph (2) amended by striking section 804. ‘‘(V) a drug that is inhaled during surgery; may initiate an enforcement proceeding, as ‘‘(VI) a drug that is the listed drug referred permitted by the subject provision of Federal SEC. 1304. IMPORTATION OF PRESCRIPTION DRUGS; WAIVER OF CERTAIN IM- to in 2 or more abbreviated new drug applica- law. PORT RESTRICTIONS. tions under which the drug is commercially (d) SERVICE PROVIDERS.—A service provider (a) IN GENERAL.—Chapter VIII of the Fed- marketed; or to a person described in subsection (a) shall eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(VII) a sterile opthlamic drug intended be subject to the authority of the Bureau 381 et seq.), as amended by section 1303, is for topical use on or in the eye. under this section, to the same extent as if further amended by inserting after section ‘‘(D) OTHER DEFINITIONS.—For purposes of the Bureau were an appropriate Federal 803 the following: this section: banking agency under section 7(c) of the ‘‘SEC. 804. COMMERCIAL AND PERSONAL IMPOR- ‘‘(i)(I) The term ‘exporter’ means a person Bank Service Company Act 12 U.S.C. 1867(c). TATION OF PRESCRIPTION DRUGS. that is in the business of exporting a drug to In conducting any examination or requiring ‘‘(a) IMPORTATION OF PRESCRIPTION individuals in the United States from Canada any report from a service provider subject to DRUGS.— or from a permitted country designated by

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and fore the registrant intends to make the in the United States if the Secretary deter- ‘‘(ee) that require the labeling and pro- change, of— mines that— motion of drugs to be in accordance with the ‘‘(i) any change that the registrant intends ‘‘(aa) the country has statutory or regu- approval of the drug. to make regarding information provided latory standards that are equivalent to the ‘‘(II) The valid marketing authorization under subparagraph (A) or (B); and standards in the United States and Canada system in the country is equivalent to the ‘‘(ii) any change that the registrant in- with respect to— systems in the countries described in clauses tends to make in the compliance plan under ‘‘(AA) the training of pharmacists; (i) through (vi). subparagraph (F). ‘‘(BB) the practice of pharmacy; and ‘‘(III) The importation of drugs to the ‘‘(I) In the case of an exporter: ‘‘(CC) the protection of the privacy of per- United States from the country will not ad- ‘‘(i) An agreement by the exporter that a sonal medical information; and versely affect public health. qualifying drug will not under subsection (a) ‘‘(bb) the importation of drugs to individ- ‘‘(b) REGISTRATION OF IMPORTERS AND EX- be exported to any individual not authorized uals in the United States from the country PORTERS.— pursuant to subsection (a)(2)(B) to be an im- will not adversely affect public health. ‘‘(1) REGISTRATION OF IMPORTERS AND EX- porter of such drug. ‘‘(ii) The term ‘importer’ means a phar- PORTERS.—A registration condition is that ‘‘(ii) An agreement to post a bond, payable macy, a group of pharmacies, or a wholesaler the importer or exporter involved (referred to the Treasury of the United States that is that is in the business of importing a drug to in this subsection as a ‘registrant’) sub- equal in value to the lesser of— into the United States or that, pursuant to mits to the Secretary a registration con- ‘‘(I) the value of drugs exported by the ex- submitting a registration under subsection taining the following: porter to the United States in a typical 4- (b), seeks to be in such business. ‘‘(A)(i) In the case of an exporter, the name week period over the course of a year under ‘‘(iii) The term ‘pharmacist’ means a per- of the exporter and an identification of all this section; or son licensed by a State to practice phar- places of business of the exporter that relate ‘‘(II) $1,000,000. macy, including the dispensing and selling of to qualifying drugs, including each ware- ‘‘(iii) An agreement by the exporter to prescription drugs. house or other facility owned or controlled comply with applicable provisions of Cana- ‘‘(iv) The term ‘pharmacy’ means a person by, or operated for, the exporter. dian law, or the law of the permitted country that— ‘‘(ii) In the case of an importer, the name designated under subsection (a)(4)(D)(i)(II) in ‘‘(I) is licensed by a State to engage in the of the importer and an identification of the which the exporter is located, that protect business of selling prescription drugs at re- places of business of the importer at which the privacy of personal information with re- tail; and the importer initially receives a qualifying spect to each individual importing a pre- ‘‘(II) employs 1 or more pharmacists. drug after importation (which shall not ex- scription drug from the exporter under sub- ‘‘(v) The term ‘prescription drug’ means a ceed 3 places of business except by permis- section (a)(2)(B). drug that is described in section 503(b)(1). sion of the Secretary). ‘‘(iv) An agreement by the exporter to re- ‘‘(vi) The term ‘wholesaler’— ‘‘(B) Such information as the Secretary de- port to the Secretary— ‘‘(I) means a person licensed as a whole- termines to be necessary to demonstrate ‘‘(I) not later than August 1 of each fiscal saler or distributor of prescription drugs in that the registrant is in compliance with year, the total price and the total volume of the United States under section 503(e)(2)(A); registration conditions under— drugs exported to the United States by the and ‘‘(i) in the case of an importer, subsections exporter during the 6-month period from ‘‘(II) does not include a person authorized (c), (d), (e), (g), and (j) (relating to the January 1 through June 30 of that year; and to import drugs under section 801(d)(1). sources of imported qualifying drugs; the in- ‘‘(II) not later than January 1 of each fiscal ‘‘(E) PERMITTED COUNTRY.—The term ‘per- spection of facilities of the importer; the year, the total price and the total volume of mitted country’ means— payment of fees; compliance with the stand- drugs exported to the United States by the ‘‘(i) Australia; ards referred to in section 801(a); and mainte- exporter during the previous fiscal year. ‘‘(ii) Canada; nance of records and samples); or ‘‘(J) In the case of an importer, an agree- ‘‘(iii) a member country of the European ‘‘(ii) in the case of an exporter, subsections ment by the importer to report to the Sec- Union, but does not include a member coun- (c), (d), (f), (g), (h), (i), and (j) (relating to the retary— try with respect to which— sources of exported qualifying drugs; the in- ‘‘(i) not later than August 1 of each fiscal ‘‘(I) the country’s Annex to the Treaty of spection of facilities of the exporter and the year, the total price and the total volume of Accession to the European Union 2003 in- marking of compliant shipments; the pay- drugs imported to the United States by the cludes a transitional measure for the regula- ment of fees; and compliance with the stand- importer during the 6-month period from tion of human pharmaceutical products that ards referred to in section 801(a); being li- January 1 through June 30 of that fiscal has not expired; or censed as a pharmacist; conditions for indi- year; and ‘‘(II) the Secretary determines that the re- vidual importation; and maintenance of ‘‘(ii) not later than January 1 of each fiscal quirements described in subclauses (I) and records and samples). year, the total price and the total volume of (II) of clause (vii) will not be met by the date ‘‘(C) An agreement by the registrant that drugs imported to the United States by the on which such transitional measure for the the registrant will not under subsection (a) importer during the previous fiscal year. regulation of human pharmaceutical prod- import or export any drug that is not a ‘‘(K) Such other provisions as the Sec- ucts expires; qualifying drug. retary may require by regulation to protect ‘‘(iv) Japan; ‘‘(D) An agreement by the registrant to— the public health while permitting— ‘‘(v) New Zealand; ‘‘(i) notify the Secretary of a recall or ‘‘(i) the importation by pharmacies, groups ‘‘(vi) Switzerland; and withdrawal of a qualifying drug distributed of pharmacies, and wholesalers as registered ‘‘(vii) a country in which the Secretary de- in a permitted country that the registrant importers of qualifying drugs under sub- termines the following requirements are has exported or imported, or intends to ex- section (a); and met: port or import, to the United States under ‘‘(ii) importation by individuals of quali- ‘‘(I) The country has statutory or regu- subsection (a); fying drugs under subsection (a). latory requirements— ‘‘(ii) provide for the return to the reg- ‘‘(2) APPROVAL OR DISAPPROVAL OF REG- ‘‘(aa) that require the review of drugs for istrant of such drug; and ISTRATION.— safety and effectiveness by an entity of the ‘‘(iii) cease, or not begin, the exportation ‘‘(A) IN GENERAL.—Not later than 90 days government of the country; or importation of such drug unless the Sec- after the date on which a registrant submits ‘‘(bb) that authorize the approval of only retary has notified the registrant that expor- to the Secretary a registration under para- those drugs that have been determined to be tation or importation of such drug may pro- graph (1), the Secretary shall notify the reg- safe and effective by experts employed by or ceed. istrant whether the registration is approved acting on behalf of such entity and qualified ‘‘(E) An agreement by the registrant to en- or is disapproved. The Secretary shall dis- by scientific training and experience to sure and monitor compliance with each reg- approve a registration if there is reason to evaluate the safety and effectiveness of istration condition, to promptly correct any believe that the registrant is not in compli- drugs on the basis of adequate and well-con- noncompliance with such a condition, and to ance with one or more registration condi- trolled investigations, including clinical in- promptly report to the Secretary any such tions, and shall notify the registrant of such vestigations, conducted by experts qualified noncompliance. reason. In the case of a disapproved registra- by scientific training and experience to ‘‘(F) A plan describing the manner in tion, the Secretary shall subsequently notify evaluate the safety and effectiveness of which the registrant will comply with the the registrant that the registration is ap- drugs; agreement under subparagraph (E). proved if the Secretary determines that the ‘‘(cc) that require the methods used in, and ‘‘(G) An agreement by the registrant to en- registrant is in compliance with such condi- the facilities and controls used for the manu- force a contract under subsection (c)(3)(B) tions.

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‘‘(B) CHANGES IN REGISTRATION INFORMA- drug will under subsection (a) be exported or ‘‘(I) records of the exporter that relate to TION.—Not later than 30 days after receiving imported into the United States only if there the export of such drugs, including financial a notice under paragraph (1)(H) from a reg- is compliance with the following: records; and istrant, the Secretary shall determine ‘‘(1) The drug was manufactured in an es- ‘‘(II) samples of such drugs; whether the change involved affects the ap- tablishment— ‘‘(iii) to carry out the duties described in proval of the registration of the registrant ‘‘(A) required to register under subsection paragraph (3); and under paragraph (1), and shall inform the (h) or (i) of section 510; and ‘‘(iv) to carry out any other functions de- registrant of the determination. ‘‘(B)(i) inspected by the Secretary; or termined by the Secretary to be necessary ‘‘(3) PUBLICATION OF CONTACT INFORMATION ‘‘(ii) for which the Secretary has elected to regarding the compliance of the exporter; FOR REGISTERED EXPORTERS.—Through the rely on a satisfactory report of a good manu- and Internet website of the Food and Drug Ad- facturing practice inspection of the estab- ‘‘(B) the Secretary has assigned 1 or more ministration and a toll-free telephone num- lishment from a permitted country whose employees of the Secretary to carry out the ber, the Secretary shall make readily avail- regulatory system the Secretary recognizes functions described in this subsection for the able to the public a list of registered export- as equivalent under a mutual recognition Secretary randomly, but not less than 12 ers, including contact information for the agreement, as provided for under section times annually, on the premises of places of exporters. Promptly after the approval of a 510(i)(3), section 803, or part 26 of title 21, businesses referred to in subparagraph (A)(i), registration submitted under paragraph (1), Code of Federal Regulations (or any cor- and such an assignment remains in effect on the Secretary shall update the Internet responding successor rule or regulation). a continuous basis. website and the information provided ‘‘(2) The establishment is located in any ‘‘(2) MARKING OF COMPLIANT SHIPMENTS.—A through the toll-free telephone number ac- country, and the establishment manufac- registration condition is that the exporter cordingly. tured the drug for distribution in the United involved agrees to affix to each shipping con- ‘‘(4) SUSPENSION AND TERMINATION.— States or for distribution in 1 or more of the tainer of qualifying drugs exported under ‘‘(A) SUSPENSION.—With respect to the ef- permitted countries (without regard to subsection (a) such markings as the Sec- fectiveness of a registration submitted under whether in addition the drug is manufac- retary determines to be necessary to identify paragraph (1): tured for distribution in a foreign country the shipment as being in compliance with all ‘‘(i) Subject to clause (ii), the Secretary that is not a permitted country). registration conditions. Markings under the may suspend the registration if the Sec- ‘‘(3) The exporter or importer obtained the preceding sentence shall— retary determines, after notice and oppor- drug— ‘‘(A) be designed to prevent affixation of tunity for a hearing, that the registrant has ‘‘(A) directly from the establishment; or the markings to any shipping container that failed to maintain substantial compliance ‘‘(B) directly from an entity that, by con- is not authorized to bear the markings; and with a registration condition. tract with the exporter or importer— ‘‘(B) include anticounterfeiting or track- ‘‘(ii) If the Secretary determines that, ‘‘(i) provides to the exporter or importer a and-trace technologies, taking into account under color of the registration, the exporter statement (in such form and containing such the economic and technical feasibility of has exported a drug or the importer has im- information as the Secretary may require) those technologies. ported a drug that is not a qualifying drug, that, for the chain of custody from the estab- ‘‘(3) CERTAIN DUTIES RELATING TO EXPORT- or a drug that does not comply with sub- lishment, identifies each prior sale, pur- ERS.—Duties of the Secretary with respect to section (g)(2)(A) or (g)(4), or has exported a chase, or trade of the drug (including the an exporter include the following: qualifying drug to an individual in violation date of the transaction and the names and ‘‘(A) Inspecting, randomly, but not less of subsection (i), the Secretary shall imme- addresses of all parties to the transaction); than 12 times annually, the places of busi- diately suspend the registration. A suspen- ‘‘(ii) agrees to permit the Secretary to in- ness of the exporter at which qualifying sion under the preceding sentence is not sub- spect such statements and related records to drugs are stored and from which qualifying ject to the provision by the Secretary of determine their accuracy; drugs are shipped. prior notice, and the Secretary shall provide ‘‘(iii) agrees, with respect to the qualifying ‘‘(B) During the inspections under subpara- to the registrant an opportunity for a hear- drugs involved, to permit the Secretary to graph (A), verifying the chain of custody of ing not later than 10 days after the date on inspect warehouses and other facilities, in- a statistically significant sample of quali- which the registration is suspended. cluding records, of the entity for purposes of fying drugs from the establishment in which ‘‘(iii) The Secretary may reinstate the reg- determining whether the facilities are in the drug was manufactured to the exporter, istration, whether suspended under clause (i) compliance with any standards under this which shall be accomplished or supple- or (ii), if the Secretary determines that the Act that are applicable to facilities of that mented by the use of anticounterfeiting or registrant has demonstrated that further type in the United States; and track-and-trace technologies, taking into ac- violations of registration conditions will not ‘‘(iv) has ensured, through such contrac- count the economic and technical feasibility occur. tual relationships as may be necessary, that of those technologies, except that a drug ‘‘(B) TERMINATION.—The Secretary, after the Secretary has the same authority re- that lacks such technologies from the point notice and opportunity for a hearing, may garding other parties in the chain of custody of manufacture shall not for that reason be terminate the registration under paragraph from the establishment that the Secretary excluded from importation by an exporter. (1) of a registrant if the Secretary deter- has under clauses (ii) and (iii) regarding such ‘‘(C) Randomly reviewing records of ex- mines that the registrant has engaged in a entity. ports to individuals for the purpose of deter- pattern or practice of violating 1 or more ‘‘(4)(A) The foreign country from which the mining whether the drugs are being imported registration conditions, or if on 1 or more oc- importer will import the drug is a permitted by the individuals in accordance with the casions the Secretary has under subpara- country; or conditions under subsection (i). Such reviews graph (A)(ii) suspended the registration of ‘‘(B) The foreign country from which the shall be conducted in a manner that will re- the registrant. The Secretary may make the exporter will export the drug is the per- sult in a statistically significant determina- termination permanent, or for a fixed period mitted country in which the exporter is lo- tion of compliance with all such conditions. of not less than 1 year. During the period in cated. ‘‘(D) Monitoring the affixing of markings which the registration is terminated, any ‘‘(5) During any period in which the drug under paragraph (2). registration submitted under paragraph (1) was not in the control of the manufacturer ‘‘(E) Inspecting as the Secretary deter- by the registrant, or a person that is a part- of the drug, the drug did not enter any coun- mines is necessary the warehouses and other ner in the export or import enterprise, or a try that is not a permitted country. facilities, including records, of other parties principal officer in such enterprise, and any ‘‘(6) The exporter or importer retains a in the chain of custody of qualifying drugs. registration prepared with the assistance of sample of each lot of the drug for testing by ‘‘(F) Determining whether the exporter is the registrant or such a person, has no legal the Secretary. in compliance with all other registration effect under this section. ‘‘(d) INSPECTION OF FACILITIES; MARKING OF conditions. ‘‘(5) DEFAULT OF BOND.—A bond required to SHIPMENTS.— ‘‘(4) PRIOR NOTICE OF SHIPMENTS.—A reg- be posted by an exporter under paragraph ‘‘(1) INSPECTION OF FACILITIES.—A registra- istration condition is that, not less than 8 (1)(I)(ii) shall be defaulted and paid to the tion condition is that, for the purpose of as- hours and not more than 5 days in advance of Treasury of the United States if, after oppor- sisting the Secretary in determining whether the time of the importation of a shipment of tunity for an informal hearing, the Sec- the exporter involved is in compliance with qualifying drugs, the importer involved retary determines that the exporter has— all other registration conditions— agrees to submit to the Secretary a notice ‘‘(A) exported a drug to the United States ‘‘(A) the exporter agrees to permit the Sec- with respect to the shipment of drugs to be that is not a qualifying drug or that is not in retary— imported or offered for import into the compliance with subsection (g)(2)(A), (g)(4), ‘‘(i) to conduct onsite inspections, includ- United States under subsection (a). A notice or (i); or ing monitoring on a day-to-day basis, of under the preceding sentence shall include— ‘‘(B) failed to permit the Secretary to con- places of business of the exporter that relate ‘‘(A) the name and complete contact infor- duct an inspection described under sub- to qualifying drugs, including each ware- mation of the person submitting the notice; section (d). house or other facility owned or controlled ‘‘(B) the name and complete contact infor- ‘‘(c) SOURCES OF QUALIFYING DRUGS.—A by, or operated for, the exporter; mation of the importer involved; registration condition is that the exporter or ‘‘(ii) to have access, including on a day-to- ‘‘(C) the identity of the drug, including the importer involved agrees that a qualifying day basis, to— established name of the drug, the quantity of

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the drug, and the lot number assigned by the ‘‘(3) AMOUNT OF INSPECTION FEE.— be credited to the appropriation account for manufacturer; ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later salaries and expenses of the Food and Drug ‘‘(D) the identity of the manufacturer of than 30 days before the start of each fiscal Administration until expended (without fis- the drug, including the identity of the estab- year, the Secretary, in consultation with the cal year limitation), and the Secretary may, lishment at which the drug was manufac- Secretary of Homeland Security and the Sec- in consultation with the Secretary of Home- tured; retary of the Treasury, shall establish an ag- land Security and the Secretary of the ‘‘(E) the country from which the drug is gregate total of fees to be collected under Treasury, transfer some proportion of such shipped; paragraph (2) for importers for that fiscal fees to the appropriation account for salaries ‘‘(F) the name and complete contact infor- year that is sufficient, and not more than and expenses of the Bureau of Customs and mation for the shipper of the drug; necessary, to pay the costs for that fiscal Border Protection until expended (without ‘‘(G) anticipated arrival information, in- year of administering this section with re- fiscal year limitation). cluding the port of arrival and crossing loca- spect to registered importers, including the ‘‘(B) AVAILABILITY.—Fees collected by the tion within that port, and the date and time; costs associated with— Secretary under paragraphs (1) and (2) shall ‘‘(H) a summary of the chain of custody of ‘‘(i) inspecting the facilities of registered be made available to the Food and Drug Ad- the drug from the establishment in which importers, and of other entities in the chain ministration. the drug was manufactured to the importer; of custody of a qualifying drug as necessary, ‘‘(C) SOLE PURPOSE.—Fees collected by the ‘‘(I) a declaration as to whether the Sec- under subsection (d)(6); Secretary under paragraphs (1) and (2) are retary has ordered that importation of the ‘‘(ii) developing, implementing, and oper- only available to the Secretary and, if trans- drug from the permitted country cease under ating under such subsection an electronic ferred, to the Secretary of Homeland Secu- subsection (g)(2)(C) or (D); and system for submission and review of the no- rity, and are for the sole purpose of paying ‘‘(J) such other information as the Sec- tices required under subsection (d)(4) with the costs referred to in paragraph (3)(A). retary may require by regulation. respect to shipments of qualifying drugs ‘‘(5) COLLECTION OF FEES.—In any case ‘‘(5) MARKING OF COMPLIANT SHIPMENTS.—A under subsection (a) to assess compliance where the Secretary does not receive pay- registration condition is that the importer with all registration conditions when such ment of a fee assessed under paragraph (1) or involved agrees, before wholesale distribu- shipments are offered for import into the (2) within 30 days after it is due, such fee tion (as defined in section 503(e)) of a quali- United States; and shall be treated as a claim of the United fying drug that has been imported under sub- ‘‘(iii) inspecting such shipments as nec- States Government subject to subchapter II section (a), to affix to each container of such essary, when offered for import into the of chapter 37 of title 31, United States Code. drug such markings or other technology as United States to determine if such a ship- ‘‘(f) EXPORTER FEES.— the Secretary determines necessary to iden- ment should be refused admission under sub- ‘‘(1) REGISTRATION FEE.—A registration tify the shipment as being in compliance section (g)(5). condition is that the exporter involved pays with all registration conditions, except that ‘‘(B) LIMITATION.—Subject to subparagraph to the Secretary a fee of $10,000 due on the the markings or other technology shall not (C), the aggregate total of fees collected date on which the exporter first submits that be required on a drug that bears comparable, under paragraph (2) for a fiscal year shall not registration to the Secretary under sub- compatible markings or technology from the exceed 2.5 percent of the total price of quali- section (b). manufacturer of the drug. Markings or other fying drugs imported during that fiscal year ‘‘(2) INSPECTION FEE.—A registration condi- technology under the preceding sentence into the United States by registered import- tion is that the exporter involved pays a fee shall— ers under subsection (a). to the Secretary in accordance with this sub- ‘‘(A) be designed to prevent affixation of ‘‘(C) TOTAL PRICE OF DRUGS.— section. Such fee shall be paid not later than the markings or other technology to any ‘‘(i) ESTIMATE.—For the purposes of com- October 1 and April 1 of each fiscal year in container that is not authorized to bear the plying with the limitation described in sub- the amount provided for under paragraph (3). markings; and paragraph (B) when establishing under sub- ‘‘(3) AMOUNT OF INSPECTION FEE.— ‘‘(B) shall include anticounterfeiting or paragraph (A) the aggregate total of fees to ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later track-and-trace technologies, taking into ac- be collected under paragraph (2) for a fiscal than 30 days before the start of each fiscal count the economic and technical feasibility year, the Secretary shall estimate the total year, the Secretary, in consultation with the of such technologies. price of qualifying drugs imported into the Secretary of Homeland Security and the Sec- ‘‘(6) CERTAIN DUTIES RELATING TO IMPORT- United States by registered importers during retary of the Treasury, shall establish an ag- ERS.—Duties of the Secretary with respect to that fiscal year by adding the total price of gregate total of fees to be collected under an importer include the following: qualifying drugs imported by each registered paragraph (2) for exporters for that fiscal ‘‘(A) Inspecting, randomly, but not less importer during the 6-month period from year that is sufficient, and not more than than 12 times annually, the places of busi- January 1 through June 30 of the previous necessary, to pay the costs for that fiscal ness of the importer at which a qualifying fiscal year, as reported to the Secretary by year of administering this section with re- drug is initially received after importation. each registered importer under subsection spect to registered exporters, including the ‘‘(B) During the inspections under subpara- (b)(1)(J). costs associated with— graph (A), verifying the chain of custody of ‘‘(ii) CALCULATION.—Not later than March 1 ‘‘(i) inspecting the facilities of registered a statistically significant sample of quali- of the fiscal year that follows the fiscal year exporters, and of other entities in the chain fying drugs from the establishment in which for which the estimate under clause (i) is of custody of a qualifying drug as necessary, the drug was manufactured to the importer, made, the Secretary shall calculate the total under subsection (d)(3); which shall be accomplished or supple- price of qualifying drugs imported into the ‘‘(ii) developing, implementing, and oper- mented by the use of anticounterfeiting or United States by registered importers during ating under such subsection a system to track-and-trace technologies, taking into ac- that fiscal year by adding the total price of screen marks on shipments of qualifying count the economic and technical feasibility qualifying drugs imported by each registered drugs under subsection (a) that indicate of those technologies, except that a drug importer during that fiscal year, as reported compliance with all registration conditions, that lacks such technologies from the point to the Secretary by each registered importer when such shipments are offered for import of manufacture shall not for that reason be under subsection (b)(1)(J). into the United States; and excluded from importation by an importer. ‘‘(iii) ADJUSTMENT.—If the total price of ‘‘(iii) screening such markings, and in- ‘‘(C) Reviewing notices under paragraph qualifying drugs imported into the United specting such shipments as necessary, when (4). States by registered importers during a fis- offered for import into the United States to ‘‘(D) Inspecting as the Secretary deter- cal year as calculated under clause (ii) is less determine if such a shipment should be re- mines is necessary the warehouses and other than the aggregate total of fees collected fused admission under subsection (g)(5). facilities, including records of other parties under paragraph (2) for that fiscal year, the ‘‘(B) LIMITATION.—Subject to subparagraph in the chain of custody of qualifying drugs. Secretary shall provide for a pro-rata reduc- (C), the aggregate total of fees collected ‘‘(E) Determining whether the importer is tion in the fee due from each registered im- under paragraph (2) for a fiscal year shall not in compliance with all other registration porter on April 1 of the subsequent fiscal exceed 2.5 percent of the total price of quali- conditions. year so that the limitation described in sub- fying drugs imported during that fiscal year ‘‘(e) IMPORTER FEES.— paragraph (B) is observed. into the United States by registered export- ‘‘(1) REGISTRATION FEE.—A registration ‘‘(D) INDIVIDUAL IMPORTER FEE.—Subject to ers under subsection (a). condition is that the importer involved pays the limitation described in subparagraph (B), ‘‘(C) TOTAL PRICE OF DRUGS.— to the Secretary a fee of $10,000 due on the the fee under paragraph (2) to be paid on Oc- ‘‘(i) ESTIMATE.—For the purposes of com- date on which the importer first submits the tober 1 and April 1 by an importer shall be an plying with the limitation described in sub- registration to the Secretary under sub- amount that is proportional to a reasonable paragraph (B) when establishing under sub- section (b). estimate by the Secretary of the semiannual paragraph (A) the aggregate total of fees to ‘‘(2) INSPECTION FEE.—A registration condi- share of the importer of the volume of quali- be collected under paragraph (2) for a fiscal tion is that the importer involved pays a fee fying drugs imported by importers under year, the Secretary shall estimate the total to the Secretary in accordance with this sub- subsection (a). price of qualifying drugs imported into the section. Such fee shall be paid not later than ‘‘(4) USE OF FEES.— United States by registered exporters during October 1 and April 1 of each fiscal year in ‘‘(A) IN GENERAL.—Fees collected by the that fiscal year by adding the total price of the amount provided for under paragraph (3). Secretary under paragraphs (1) and (2) shall qualifying drugs exported by each registered

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.101 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3747 exporter during the 6-month period from introduced for commercial distribution in a for which such section was in effect, adjusted January 1 through June 30 of the previous permitted country shall in accordance with in accordance with section 736(c); and fiscal year, as reported to the Secretary by this paragraph submit to the Secretary a no- ‘‘(bb) for each subsequent fiscal year in each registered exporter under subsection tice that— which no fee amount under such section is (b)(1)(I)(iv). ‘‘(I) includes each difference in the quali- effect, be equal to the applicable fee amount ‘‘(ii) CALCULATION.—Not later than March 1 fying drug from a condition established in for the previous fiscal year, adjusted in ac- of the fiscal year that follows the fiscal year the approved application for the U.S. label cordance with section 736(c). for which the estimate under clause (i) is drug beyond— ‘‘(v) TIMING OF SUBMISSION OF NOTICES.— made, the Secretary shall calculate the total ‘‘(aa) the variations provided for in the ap- ‘‘(I) PRIOR APPROVAL NOTICES.—A notice price of qualifying drugs imported into the plication; and under clause (i) to which subparagraph (C) United States by registered exporters during ‘‘(bb) any difference in labeling (except in- applies shall be submitted to the Secretary that fiscal year by adding the total price of gredient labeling); or not later than 120 days before the qualifying qualifying drugs exported by each registered ‘‘(II) states that there is no difference in drug with the difference is introduced for exporter during that fiscal year, as reported the qualifying drug from a condition estab- commercial distribution in a permitted to the Secretary by each registered exporter lished in the approved application for the country, unless the country requires that under subsection (b)(1)(I)(iv). U.S. label drug beyond— distribution of the qualifying drug with the ‘‘(iii) ADJUSTMENT.—If the total price of ‘‘(aa) the variations provided for in the ap- difference begin less than 120 days after the qualifying drugs imported into the United plication; and country requires the difference. States by registered exporters during a fiscal ‘‘(bb) any difference in labeling (except in- ‘‘(II) OTHER APPROVAL NOTICES.—A notice year as calculated under clause (ii) is less gredient labeling). under clause (i) to which subparagraph (D) than the aggregate total of fees collected ‘‘(ii) INFORMATION IN NOTICE.—A notice applies shall be submitted to the Secretary under paragraph (2) for that fiscal year, the under clause (i)(I) shall include the informa- not later than the day on which the quali- Secretary shall provide for a pro-rata reduc- tion that the Secretary may require under fying drug with the difference is introduced tion in the fee due from each registered ex- section 506A, any additional information the for commercial distribution in a permitted porter on April 1 of the subsequent fiscal Secretary may require (which may include country. year so that the limitation described in sub- data on bioequivalence if such data are not ‘‘(III) OTHER NOTICES.—A notice under paragraph (B) is observed. required under section 506A), and, with re- clause (i) to which subparagraph (E) applies ‘‘(D) INDIVIDUAL EXPORTER FEE.—Subject to spect to the permitted country that ap- shall be submitted to the Secretary on the the limitation described in subparagraph (B), proved the qualifying drug for commercial date that the qualifying drug is first intro- the fee under paragraph (2) to be paid on Oc- distribution, or with respect to which such duced for commercial distribution in a per- tober 1 and April 1 by an exporter shall be an approval is sought, include the following: mitted country and annually thereafter. amount that is proportional to a reasonable ‘‘(I) The date on which the qualifying drug ‘‘(vi) REVIEW BY SECRETARY.— estimate by the Secretary of the semiannual with such difference was, or will be, intro- ‘‘(I) IN GENERAL.—In this paragraph, the share of the exporter of the volume of quali- duced for commercial distribution in the per- difference in a qualifying drug that is sub- fying drugs exported by exporters under sub- mitted country. mitted in a notice under clause (i) from the section (a). ‘‘(II) Information demonstrating that the U.S. label drug shall be treated by the Sec- ‘‘(4) USE OF FEES.— person submitting the notice has also noti- retary as if it were a manufacturing change ‘‘(A) IN GENERAL.—Fees collected by the fied the government of the permitted coun- to the U.S. label drug under section 506A. Secretary under paragraphs (1) and (2) shall try in writing that the person is submitting ‘‘(II) STANDARD OF REVIEW.—Except as pro- be credited to the appropriation account for to the Secretary a notice under clause (i)(I), vided in subclause (III), the Secretary shall salaries and expenses of the Food and Drug which notice describes the difference in the review and approve or disapprove the dif- Administration until expended (without fis- qualifying drug from a condition established ference in a notice submitted under clause cal year limitation), and the Secretary may, in the approved application for the U.S. label (i), if required under section 506A, using the in consultation with the Secretary of Home- drug. safe and effective standard for approving or land Security and the Secretary of the ‘‘(III) The information that the person sub- disapproving a manufacturing change under Treasury, transfer some proportion of such mitted or will submit to the government of section 506A. fees to the appropriation account for salaries the permitted country for purposes of ob- ‘‘(III) BIOEQUIVALENCE.—If the Secretary and expenses of the Bureau of Customs and taining approval for commercial distribution would approve the difference in a notice sub- Border Protection until expended (without of the drug in the country which, if in a lan- mitted under clause (i) using the safe and ef- fiscal year limitation). guage other than English, shall be accom- fective standard under section 506A and if ‘‘(B) AVAILABILITY.—Fees collected by the panied by an English translation verified to the Secretary determines that the qualifying Secretary under paragraphs (1) and (2) shall be complete and accurate, with the name, drug is not bioequivalent to the U.S. label be made available to the Food and Drug Ad- address, and a brief statement of the quali- drug, the Secretary shall— ministration. fications of the person that made the trans- ‘‘(aa) include in the labeling provided ‘‘(C) SOLE PURPOSE.—Fees collected by the lation. under paragraph (3) a prominent advisory Secretary under paragraphs (1) and (2) are ‘‘(iii) CERTIFICATIONS.—The chief executive that the qualifying drug is safe and effective only available to the Secretary and, if trans- officer and the chief medical officer of the but is not bioequivalent to the U.S. label ferred, to the Secretary of Homeland Secu- manufacturer involved shall each certify in drug if the Secretary determines that such rity, and are for the sole purpose of paying the notice under clause (i) that— an advisory is necessary for health care prac- the costs referred to in paragraph (3)(A). ‘‘(I) the information provided in the notice titioners and patients to use the qualifying ‘‘(5) COLLECTION OF FEES.—In any case is complete and true; and drug safely and effectively; or where the Secretary does not receive pay- ‘‘(II) a copy of the notice has been provided ‘‘(bb) decline to approve the difference if ment of a fee assessed under paragraph (1) or to the Federal Trade Commission and to the the Secretary determines that the avail- (2) within 30 days after it is due, such fee State attorneys general. ability of both the qualifying drug and the shall be treated as a claim of the United ‘‘(iv) FEE.— U.S. label drug would pose a threat to the States Government subject to subchapter II ‘‘(I) IN GENERAL.—If a notice submitted public health. of chapter 37 of title 31, United States Code. under clause (i) includes a difference that ‘‘(IV) REVIEW BY THE SECRETARY.—The Sec- ‘‘(g) COMPLIANCE WITH SECTION 801(a).— would, under section 506A, require the sub- retary shall review and approve or dis- ‘‘(1) IN GENERAL.—A registration condition mission of a supplemental application if approve the difference in a notice submitted is that each qualifying drug exported under made as a change to the U.S. label drug, the under clause (i), if required under section subsection (a) by the registered exporter in- person that submits the notice shall pay to 506A, not later than 120 days after the date volved or imported under subsection (a) by the Secretary a fee in the same amount as on which the notice is submitted. the registered importer involved is in com- would apply if the person were paying a fee ‘‘(V) ESTABLISHMENT INSPECTION.—If review pliance with the standards referred to in sec- pursuant to section 736(a)(1)(A)(ii). Fees col- of such difference would require an inspec- tion 801(a) regarding admission of the drug lected by the Secretary under the preceding tion of the establishment in which the quali- into the United States, subject to paragraphs sentence are available only to the Secretary fying drug is manufactured— (2), (3), and (4). and are for the sole purpose of paying the ‘‘(aa) such inspection by the Secretary ‘‘(2) SECTION 505; APPROVAL STATUS.— costs of reviewing notices submitted under shall be authorized; and ‘‘(A) IN GENERAL.—A qualifying drug that clause (i). ‘‘(bb) the Secretary may rely on a satisfac- is imported or offered for import under sub- ‘‘(II) FEE AMOUNT FOR CERTAIN YEARS.—If tory report of a good manufacturing practice section (a) shall comply with the conditions no fee amount is in effect under section inspection of the establishment from a per- established in the approved application 736(a)(1)(A)(ii) for a fiscal year, then the mitted country whose regulatory system the under section 505(b) for the U.S. label drug as amount paid by a person under subclause (I) Secretary recognizes as equivalent under a described under this subsection. shall— mutual recognition agreement, as provided ‘‘(B) NOTICE BY MANUFACTURER; GENERAL ‘‘(aa) for the first fiscal year in which no under section 510(i)(3), section 803, or part 26 PROVISIONS.— fee amount under such section in effect, be of title 21, Code of Federal Regulations (or ‘‘(i) IN GENERAL.—The person that manu- equal to the fee amount under section any corresponding successor rule or regula- factures a qualifying drug that is, or will be, 736(a)(1)(A)(ii) for the most recent fiscal year tion).

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.101 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3748 CONGRESSIONAL RECORD — SENATE May 13, 2010

‘‘(vii) PUBLICATION OF INFORMATION ON NO- ‘‘(i) During the period in which the notice which the information referred to in clause TICES.— is being reviewed by the Secretary, the au- (ii)(II) is submitted to the government of the ‘‘(I) IN GENERAL.—Through the Internet thority under this subsection to import the permitted country. website of the Food and Drug Administra- qualifying drug involved continues in effect. ‘‘(iv) NOTICE OF DECISION ON APPLICATION.— tion and a toll-free telephone number, the ‘‘(ii) If the Secretary determines that such The Secretary shall promptly notify reg- Secretary shall readily make available to a supplemental application regarding the istered exporters, registered importers, the the public a list of notices submitted under U.S. label drug would not be approved, the Federal Trade Commission, and the State at- clause (i). Secretary shall— torneys general of a determination to ap- ‘‘(II) CONTENTS.—The list under subclause ‘‘(I) order that the importation of the prove or to disapprove an application under (I) shall include the date on which a notice is qualifying drug involved from the permitted section 505(b) required under clause (i). submitted and whether— country cease; ‘‘(v) RELATED ACTIVE INGREDIENTS.—For ‘‘(aa) a notice is under review; ‘‘(II) notify the permitted country that ap- purposes of clause (i)(II), 2 active ingredients ‘‘(bb) the Secretary has ordered that im- proved the qualifying drug for commercial are related if they are— portation of the qualifying drug from a per- distribution of the determination; and ‘‘(I) the same; or mitted country cease; or ‘‘(III) promptly notify registered exporters, ‘‘(II) different salts, esters, or complexes of ‘‘(cc) the importation of the drug is per- registered importers, the Federal Trade the same moiety. mitted under subsection (a). Commission, and the State attorneys general ‘‘(3) SECTION 502; LABELING.— of the determination. ‘‘(A) IMPORTATION BY REGISTERED IM- ‘‘(III) UPDATE.—The Secretary shall ‘‘(iii) If the Secretary determines that such PORTER.— promptly update the Internet website with a supplemental application regarding the ‘‘(i) IN GENERAL.—In the case of a quali- any changes to the list. U.S. label drug would be approved, the dif- fying drug that is imported or offered for im- ‘‘(C) NOTICE; DRUG DIFFERENCE REQUIRING ference shall be considered to be a variation port by a registered importer, such drug PRIOR APPROVAL.—In the case of a notice provided for in the approved application for shall be considered to be in compliance with under subparagraph (B)(i) that includes a dif- the U.S. label drug. section 502 and the labeling requirements ference that would, under subsection (c) or ‘‘(E) NOTICE; DRUG DIFFERENCE NOT REQUIR- under the approved application for the U.S. (d)(3)(B)(i) of section 506A, require the ap- ING APPROVAL; NO DIFFERENCE.—In the case of label drug if the qualifying drug bears— proval of a supplemental application before a notice under subparagraph (B)(i) that in- ‘‘(I) a copy of the labeling approved for the the difference could be made to the U.S. cludes a difference for which, under section U.S. label drug under section 505, without re- label drug the following shall occur: 506A(d)(1)(A), a supplemental application gard to whether the copy bears any trade- ‘‘(i) Promptly after the notice is sub- would not be required for the difference to be mark involved; mitted, the Secretary shall notify registered made to the U.S. label drug, or that states ‘‘(II) the name of the manufacturer and lo- exporters, registered importers, the Federal that there is no difference, the Secretary— cation of the manufacturer; Trade Commission, and the State attorneys ‘‘(i) shall consider such difference to be a ‘‘(III) the lot number assigned by the man- general that the notice has been submitted variation provided for in the approved appli- ufacturer; with respect to the qualifying drug involved. cation for the U.S. label drug; ‘‘(IV) the name, location, and registration ‘‘(ii) If the Secretary has not made a deter- ‘‘(ii) may not order that the importation of number of the importer; and mination whether such a supplemental appli- the qualifying drug involved cease; and ‘‘(V) the National Drug Code number as- cation regarding the U.S. label drug would be ‘‘(iii) shall promptly notify registered ex- signed to the qualifying drug by the Sec- approved or disapproved by the date on porters and registered importers. retary. which the qualifying drug involved is to be ‘‘(F) DIFFERENCES IN ACTIVE INGREDIENT, ‘‘(ii) REQUEST FOR COPY OF THE LABELING.— introduced for commercial distribution in a ROUTE OF ADMINISTRATION, DOSAGE FORM, OR The Secretary shall provide such copy to the permitted country, the Secretary shall— STRENGTH.— registered importer involved, upon request of ‘‘(I) order that the importation of the ‘‘(i) IN GENERAL.—A person who manufac- the importer. qualifying drug involved from the permitted tures a drug approved under section 505(b) ‘‘(iii) REQUESTED LABELING.—The labeling country not begin until the Secretary com- shall submit an application under section provided by the Secretary under clause (ii) pletes review of the notice; and 505(b) for approval of another drug that is shall— ‘‘(II) promptly notify registered exporters, manufactured for distribution in a permitted ‘‘(I) include the established name, as de- registered importers, the Federal Trade country by or for the person that manufac- fined in section 502(e)(3), for each active in- Commission, and the State attorneys general tures the drug approved under section 505(b) gredient in the qualifying drug; of the order. if— ‘‘(II) not include the proprietary name of ‘‘(iii) If the Secretary determines that such ‘‘(I) there is no qualifying drug in commer- the U.S. label drug or any active ingredient a supplemental application regarding the cial distribution in permitted countries thereof; U.S. label drug would not be approved, the whose combined population represents at ‘‘(III) if required under paragraph Secretary shall— least 50 percent of the total population of all (2)(B)(vi)(III), a prominent advisory that the ‘‘(I) order that the importation of the permitted countries with the same active in- qualifying drug is safe and effective but not qualifying drug involved from the permitted gredient or ingredients, route of administra- bioequivalent to the U.S. label drug; and country cease, or provide that an order tion, dosage form, and strength as the drug ‘‘(IV) if the inactive ingredients of the under clause (ii), if any, remains in effect; approved under section 505(b); and qualifying drug are different from the inac- ‘‘(II) notify the permitted country that ap- ‘‘(II) each active ingredient of the other tive ingredients for the U.S. label drug, in- proved the qualifying drug for commercial drug is related to an active ingredient of the clude— distribution of the determination; and drug approved under section 505(b), as de- ‘‘(aa) a prominent notice that the ingredi- ‘‘(III) promptly notify registered exporters, fined in clause (v). ents of the qualifying drug differ from the in- registered importers, the Federal Trade ‘‘(ii) APPLICATION UNDER SECTION 505(b).— gredients of the U.S. label drug and that the Commission, and the State attorneys general The application under section 505(b) required qualifying drug must be dispensed with an of the determination. under clause (i) shall— advisory to people with allergies about this ‘‘(iv) If the Secretary determines that such ‘‘(I) request approval of the other drug for difference and a list of ingredients; and a supplemental application regarding the the indication or indications for which the ‘‘(bb) a list of the ingredients of the quali- U.S. label drug would be approved, the Sec- drug approved under section 505(b) is labeled; fying drug as would be required under sec- retary shall— ‘‘(II) include the information that the per- tion 502(e). ‘‘(I) vacate the order under clause (ii), if son submitted to the government of the per- ‘‘(B) IMPORTATION BY INDIVIDUAL.— any; mitted country for purposes of obtaining ap- ‘‘(i) IN GENERAL.—In the case of a quali- ‘‘(II) consider the difference to be a vari- proval for commercial distribution of the fying drug that is imported or offered for im- ation provided for in the approved applica- other drug in that country, which if in a lan- port by a registered exporter to an indi- tion for the U.S. label drug; guage other than English, shall be accom- vidual, such drug shall be considered to be in ‘‘(III) permit importation of the qualifying panied by an English translation verified to compliance with section 502 and the labeling drug under subsection (a); and be complete and accurate, with the name, requirements under the approved application ‘‘(IV) promptly notify registered exporters, address, and a brief statement of the quali- for the U.S. label drug if the packaging and registered importers, the Federal Trade fications of the person that made the trans- labeling of the qualifying drug complies with Commission, and the State attorneys general lation; all applicable regulations promulgated under of the determination. ‘‘(III) include a right of reference to the ap- sections 3 and 4 of the Poison Prevention ‘‘(D) NOTICE; DRUG DIFFERENCE NOT REQUIR- plication for the drug approved under section Packaging Act of 1970 (15 U.S.C. 1471 et seq.) ING PRIOR APPROVAL.—In the case of a notice 505(b); and and the labeling of the qualifying drug in- under subparagraph (B)(i) that includes a dif- ‘‘(IV) include such additional information cludes— ference that would, under section as the Secretary may require. ‘‘(I) directions for use by the consumer; 506A(d)(3)(B)(ii), not require the approval of ‘‘(iii) TIMING OF SUBMISSION OF APPLICA- ‘‘(II) the lot number assigned by the manu- a supplemental application before the dif- TION.—An application under section 505(b) re- facturer; ference could be made to the U.S. label drug quired under clause (i) shall be submitted to ‘‘(III) the name and registration number of the following shall occur: the Secretary not later than the day on the exporter;

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.102 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3749 ‘‘(IV) if required under paragraph do not conform to good manufacturing prac- and the Secretary has published in the Fed- (2)(B)(vi)(III), a prominent advisory that the tice. eral Register a notice that the Secretary has drug is safe and effective but not bioequiva- ‘‘(G) The Secretary has obtained an injunc- determined that good cause exists to pro- lent to the U.S. label drug; tion under section 302 that prohibits the dis- hibit the drug from being imported pursuant ‘‘(V) if the inactive ingredients of the drug tribution of the drug in interstate com- to this subsection. are different from the inactive ingredients merce. ‘‘(2) NOTICE REGARDING DRUG REFUSED AD- for the U.S. label drug— ‘‘(H) The Secretary has under section 505(e) MISSION.—If a registered exporter ships a ‘‘(aa) a prominent advisory that persons withdrawn approval of the drug. drug to an individual pursuant to subsection with an allergy should check the ingredient ‘‘(I) The manufacturer of the drug has in- (a)(2)(B) and the drug is refused admission to list of the drug because the ingredients of stituted a recall of the drug. the United States, a written notice shall be the drug differ from the ingredients of the ‘‘(J) If the drug is imported or offered for sent to the individual and to the exporter U.S. label drug; and import by a registered importer without sub- that informs the individual and the exporter ‘‘(bb) a list of the ingredients of the drug mission of a notice in accordance with sub- of such refusal and the reason for the refusal. as would be required under section 502(e); section (d)(4). ‘‘(j) MAINTENANCE OF RECORDS AND SAM- and ‘‘(K) If the drug is imported or offered for PLES.— ‘‘(VI) a copy of any special labeling that import from a registered exporter to an indi- ‘‘(1) IN GENERAL.—A registration condition would be required by the Secretary had the vidual and 1 or more of the following applies: is that the importer or exporter involved U.S. label drug been dispensed by a phar- ‘‘(i) The shipping container for such drug shall— does not bear the markings required under macist in the United States, without regard ‘‘(A) maintain records required under this subsection (d)(2). to whether the special labeling bears any section for not less than 2 years; and ‘‘(ii) The markings on the shipping con- trademark involved. ‘‘(B) maintain samples of each lot of a tainer appear to be counterfeit. ‘‘(ii) PACKAGING.—A qualifying drug offered qualifying drug required under this section ‘‘(iii) The shipping container or markings for import to an individual by an exporter for not more than 2 years. appear to have been tampered with. ‘‘(2) PLACE OF RECORD MAINTENANCE.—The under this section that is packaged in a unit- ‘‘(h) EXPORTER LICENSURE IN PERMITTED records described under paragraph (1) shall of-use container (as those items are defined COUNTRY.—A registration condition is that be maintained— in the United States Pharmacopeia and Na- the exporter involved agrees that a quali- ‘‘(A) in the case of an importer, at the tional Formulary) shall not be repackaged, fying drug will be exported to an individual provided that— only if the Secretary has verified that— place of business of the importer at which ‘‘(I) the packaging complies with all appli- ‘‘(1) the exporter is authorized under the the importer initially receives the qualifying cable regulations under sections 3 and 4 of law of the permitted country in which the drug after importation; or the Poison Prevention Packaging Act of 1970 exporter is located to dispense prescription ‘‘(B) in the case of an exporter, at the facil- (15 U.S.C. 1471 et seq.); or drugs; and ity from which the exporter ships the quali- ‘‘(II) the consumer consents to waive the ‘‘(2) the exporter employs persons that are fying drug to the United States. requirements of such Act, after being in- licensed under the law of the permitted ‘‘(k) DRUG RECALLS.— formed that the packaging does not comply country in which the exporter is located to ‘‘(1) MANUFACTURERS.—A person that man- with such Act and that the exporter will pro- dispense prescription drugs in sufficient ufactures a qualifying drug imported from a vide the drug in packaging that is compliant number to dispense safely the drugs exported permitted country under this section shall at no additional cost. by the exporter to individuals, and the ex- promptly inform the Secretary— ‘‘(iii) REQUEST FOR COPY OF SPECIAL LABEL- porter assigns to those persons responsibility ‘‘(A) if the drug is recalled or withdrawn ING AND INGREDIENT LIST.—The Secretary for dispensing such drugs to individuals. from the market in a permitted country; shall provide to the registered exporter in- ‘‘(i) INDIVIDUALS; CONDITIONS FOR IMPORTA- ‘‘(B) how the drug may be identified, in- volved a copy of the special labeling, the ad- TION.— cluding lot number; and visory, and the ingredient list described ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(C) the reason for the recall or with- under clause (i), upon request of the ex- section (a)(2)(B), the importation of a quali- drawal. porter. fying drug by an individual is in accordance ‘‘(2) SECRETARY.—With respect to each per- ‘‘(iv) REQUESTED LABELING AND INGREDIENT with this subsection if the following condi- mitted country, the Secretary shall— LIST.—The labeling and ingredient list pro- tions are met: ‘‘(A) enter into an agreement with the gov- vided by the Secretary under clause (iii) ‘‘(A) The drug is accompanied by a copy of ernment of the country to receive informa- shall— a prescription for the drug, which prescrip- tion about recalls and withdrawals of quali- ‘‘(I) include the established name, as de- tion— fying drugs in the country; or fined in section 502(e)(3), for each active in- ‘‘(i) is valid under applicable Federal and ‘‘(B) monitor recalls and withdrawals of gredient in the drug; and State laws; and qualifying drugs in the country using any in- ‘‘(II) not include the proprietary name of ‘‘(ii) was issued by a practitioner who, formation that is available to the public in the U.S. label drug or any active ingredient under the law of a State of which the indi- any media. thereof. vidual is a resident, or in which the indi- ‘‘(3) NOTICE.—The Secretary may notify, as ‘‘(4) SECTION 501; ADULTERATION.—A quali- vidual receives care from the practitioner appropriate, registered exporters, registered fying drug that is imported or offered for im- who issues the prescription, is authorized to importers, wholesalers, pharmacies, or the port under subsection (a) shall be considered administer prescription drugs. public of a recall or withdrawal of a quali- to be in compliance with section 501 if the ‘‘(B) The drug is accompanied by a copy of fying drug in a permitted country. drug is in compliance with subsection (c). the documentation that was required under ‘‘(l) DRUG LABELING AND PACKAGING.— ‘‘(5) STANDARDS FOR REFUSING ADMISSION.— the law or regulations of the permitted coun- ‘‘(1) IN GENERAL.—When a qualifying drug A drug exported under subsection (a) from a try in which the exporter is located, as a that is imported into the United States by registered exporter or imported by a reg- condition of dispensing the drug to the indi- an importer under subsection (a) is dispensed istered importer may be refused admission vidual. by a pharmacist to an individual, the phar- into the United States if 1 or more of the fol- ‘‘(C) The copies referred to in subpara- macist shall provide that the packaging and lowing applies: graphs (A)(i) and (B) are marked in a manner labeling of the drug complies with all appli- ‘‘(A) The drug is not a qualifying drug. sufficient— cable regulations promulgated under sec- ‘‘(B) A notice for the drug required under ‘‘(i) to indicate that the prescription, and tions 3 and 4 of the Poison Prevention Pack- paragraph (2)(B) has not been submitted to the equivalent document in the permitted aging Act of 1970 (15 U.S.C. 1471 et seq.) and the Secretary. country in which the exporter is located, shall include with any other labeling pro- ‘‘(C) The Secretary has ordered that impor- have been filled; and vided to the individual the following: tation of the drug from the permitted coun- ‘‘(ii) to prevent a duplicative filling by an- ‘‘(A) The lot number assigned by the manu- try cease under subparagraph (C) or (D) of other pharmacist. facturer. paragraph (2). ‘‘(D) The individual has provided to the ‘‘(B) The name and registration number of ‘‘(D) The drug does not comply with para- registered exporter a complete list of all the importer. graph (3) or (4). drugs used by the individual for review by ‘‘(C) If required under paragraph ‘‘(E) The shipping container appears dam- the individuals who dispense the drug. (2)(B)(vi)(III) of subsection (g), a prominent aged in a way that may affect the strength, ‘‘(E) The quantity of the drug does not ex- advisory that the drug is safe and effective quality, or purity of the drug. ceed a 90-day supply. but not bioequivalent to the U.S. label drug. ‘‘(F) The Secretary becomes aware that— ‘‘(F) The drug is not an ineligible subpart ‘‘(D) If the inactive ingredients of the drug ‘‘(i) the drug may be counterfeit; H drug. For purposes of this section, a pre- are different from the inactive ingredients ‘‘(ii) the drug may have been prepared, scription drug is an ‘ineligible subpart H for the U.S. label drug— packed, or held under insanitary conditions; drug’ if the drug was approved by the Sec- ‘‘(i) a prominent advisory that persons or retary under subpart H of part 314 of title 21, with allergies should check the ingredient ‘‘(iii) the methods used in, or the facilities Code of Federal Regulations (relating to ac- list of the drug because the ingredients of or controls used for, the manufacturing, celerated approval), with restrictions under the drug differ from the ingredients of the processing, packing, or holding of the drug section 520 of such part to assure safe use, U.S. label drug; and

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.102 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3750 CONGRESSIONAL RECORD — SENATE May 13, 2010 ‘‘(ii) a list of the ingredients of the drug as (g)(2)(F)(iii), knowingly submit such an ap- ing importation of the drug into the United would be required under section 502(e). plication that makes a materially false, fic- States under this section. ‘‘(2) PACKAGING.—A qualifying drug that is titious, or fraudulent statement, or know- ‘‘(4) EFFECT OF SUBSECTION.— packaged in a unit-of-use container (as those ingly fail to provide promptly any informa- ‘‘(A) SALES IN OTHER COUNTRIES.—This sub- terms are defined in the United States Phar- tion requested by the Secretary to review section applies only to the sale or distribu- macopeia and National Formulary) shall not such an application; tion of a prescription drug in a country if the be repackaged, provided that— ‘‘(G) cause there to be a difference (includ- manufacturer of the drug chooses to sell or ‘‘(A) the packaging complies with all appli- ing a difference in active ingredient, route of distribute the drug in the country. Nothing cable regulations under sections 3 and 4 of administration, dosage form, strength, for- in this subsection shall be construed to com- the Poison Prevention Packaging Act of 1970 mulation, manufacturing establishment, pel the manufacturer of a drug to distribute (15 U.S.C. 1471 et seq.); or manufacturing process, or person that manu- or sell the drug in a country. ‘‘(B) the consumer consents to waive the factures the drug) between a prescription ‘‘(B) DISCOUNTS TO INSURERS, HEALTH requirements of such Act, after being in- drug for distribution in the United States PLANS, PHARMACY BENEFIT MANAGERS, AND formed that the packaging does not comply and the drug for distribution in a permitted COVERED ENTITIES.—Nothing in this sub- with such Act and that the pharmacist will country; section shall be construed to— provide the drug in packaging that is compli- ‘‘(H) refuse to allow an inspection author- ‘‘(i) prevent or restrict a manufacturer of a ant at no additional cost. ized under this section of an establishment prescription drug from providing discounts ‘‘(m) CHARITABLE CONTRIBUTIONS.—Not- that manufactures a qualifying drug that is, to an insurer, health plan, pharmacy benefit withstanding any other provision of this sec- or will be, introduced for commercial dis- manager in the United States, or covered en- tion, this section does not authorize the im- tribution in a permitted country; tity in the drug discount program under sec- portation into the United States of a quali- ‘‘(I) fail to conform to the methods used in, tion 340B of the Public Health Service Act fying drug donated or otherwise supplied for or the facilities used for, the manufacturing, (42 U.S.C. 256b) in return for inclusion of the free or at nominal cost by the manufacturer processing, packing, or holding of a quali- drug on a formulary; of the drug to a charitable or humanitarian fying drug that is, or will be, introduced for ‘‘(ii) require that such discounts be made organization, including the United Nations commercial distribution in a permitted available to other purchasers of the prescrip- and affiliates, or to a government of a for- country to good manufacturing practice tion drug; or eign country. under this Act; ‘‘(iii) prevent or restrict any other meas- ‘‘(n) UNFAIR AND DISCRIMINATORY ACTS AND ‘‘(J) become a party to a licensing agree- ures taken by an insurer, health plan, or PRACTICES.— ment or other agreement related to a quali- pharmacy benefit manager to encourage con- ‘‘(1) IN GENERAL.—It is unlawful for a man- fying drug that fails to provide for compli- sumption of such prescription drug. ufacturer, directly or indirectly (including ance with all requirements of this section ‘‘(C) CHARITABLE CONTRIBUTIONS.—Nothing by being a party to a licensing agreement or with respect to such drug; in this subsection shall be construed to— other agreement), to— ‘‘(K) enter into a contract that restricts, ‘‘(i) prevent a manufacturer from donating ‘‘(A) discriminate by charging a higher prohibits, or delays the importation of a a prescription drug, or supplying a prescrip- price for a prescription drug sold to a reg- qualifying drug under this section; tion drug at nominal cost, to a charitable or istered exporter or other person in a per- ‘‘(L) engage in any other action to restrict, humanitarian organization, including the mitted country that exports a qualifying prohibit, or delay the importation of a quali- United Nations and affiliates, or to a govern- drug to the United States under this section fying drug under this section; or ment of a foreign country; or than the price that is charged, inclusive of ‘‘(M) engage in any other action that the ‘‘(ii) apply to such donations or supplying rebates or other incentives to the permitted Federal Trade Commission determines to of a prescription drug. country or other person, to another person discriminate against a person that engages ‘‘(5) ENFORCEMENT.— that is in the same country and that does or attempts to engage in the importation of ‘‘(A) UNFAIR OR DECEPTIVE ACT OR PRAC- not export a qualifying drug into the United a qualifying drug under this section. TICE.—A violation of this subsection shall be States under this section; ‘‘(2) REFERRAL OF POTENTIAL VIOLATIONS.— treated as a violation of a rule defining an ‘‘(B) discriminate by charging a higher The Secretary shall promptly refer to the unfair or deceptive act or practice prescribed price for a prescription drug sold to a reg- Federal Trade Commission each potential under section 18(a)(1)(B) of the Federal Trade istered importer or other person that distrib- violation of subparagraph (E), (F), (G), (H), Commission Act (15 U.S.C. 57a(a)(1)(B)). utes, sells, or uses a qualifying drug im- or (I) of paragraph (1) that becomes known to ‘‘(B) ACTIONS BY THE COMMISSION.—The ported into the United States under this sec- the Secretary. Federal Trade Commission— tion than the price that is charged to an- ‘‘(3) AFFIRMATIVE DEFENSE.— ‘‘(i) shall enforce this subsection in the other person in the United States that does ‘‘(A) DISCRIMINATION.—It shall be an af- same manner, by the same means, and with not import a qualifying drug under this sec- firmative defense to a charge that a manu- the same jurisdiction, powers, and duties as tion, or that does not distribute, sell, or use facturer has discriminated under subpara- though all applicable terms and provisions of such a drug; graph (A), (B), (C), (D), or (M) of paragraph the Federal Trade Commission Act (15 U.S.C. ‘‘(C) discriminate by denying, restricting, (1) that the higher price charged for a pre- 41 et seq.) were incorporated into and made or delaying supplies of a prescription drug to scription drug sold to a person, the denial, a part of this section; and a registered exporter or other person in a restriction, or delay of supplies of a prescrip- ‘‘(ii) may seek monetary relief threefold permitted country that exports a qualifying tion drug to a person, the refusal to do busi- the damages sustained, in addition to any drug to the United States under this section ness with a person, or other discriminatory other remedy available to the Federal Trade or to a registered importer or other person activity against a person, is not based, in Commission under the Federal Trade Com- that distributes, sells, or uses a qualifying whole or in part, on— mission Act (15 U.S.C. 41 et seq.). drug imported into the United States under ‘‘(i) the person exporting or importing a ‘‘(6) ACTIONS BY STATES.— this section; qualifying drug into the United States under ‘‘(A) IN GENERAL.— ‘‘(D) discriminate by publicly, privately, or this section; or ‘‘(i) CIVIL ACTIONS.—In any case in which otherwise refusing to do business with a reg- ‘‘(ii) the person distributing, selling, or the attorney general of a State has reason to istered exporter or other person in a per- using a qualifying drug imported into the believe that an interest of the residents of mitted country that exports a qualifying United States under this section. that State have been adversely affected by drug to the United States under this section ‘‘(B) DRUG DIFFERENCES.—It shall be an af- any manufacturer that violates paragraph or with a registered importer or other person firmative defense to a charge that a manu- (1), the attorney general of a State may that distributes, sells, or uses a qualifying facturer has caused there to be a difference bring a civil action on behalf of the residents drug imported into the United States under described in subparagraph (G) of paragraph of the State, and persons doing business in this section; (1) that— the State, in a district court of the United ‘‘(E) knowingly fail to submit a notice ‘‘(i) the difference was required by the States of appropriate jurisdiction to— under subsection (g)(2)(B)(i), knowingly fail country in which the drug is distributed; ‘‘(I) enjoin that practice; to submit such a notice on or before the date ‘‘(ii) the Secretary has determined that the ‘‘(II) enforce compliance with this sub- specified in subsection (g)(2)(B)(v) or as oth- difference was necessary to improve the safe- section; erwise required under paragraphs (3), (4), and ty or effectiveness of the drug; ‘‘(III) obtain damages, restitution, or other (5) of section 1304(e) of the Pharmaceutical ‘‘(iii) the person manufacturing the drug compensation on behalf of residents of the Market Access and Drug Safety Act of 2010, for distribution in the United States has State and persons doing business in the knowingly submit such a notice that makes given notice to the Secretary under sub- State, including threefold the damages; or a materially false, fictitious, or fraudulent section (g)(2)(B)(i) that the drug for distribu- ‘‘(IV) obtain such other relief as the court statement, or knowingly fail to provide tion in the United States is not different may consider to be appropriate. promptly any information requested by the from a drug for distribution in permitted ‘‘(ii) NOTICE.— Secretary to review such a notice; countries whose combined population rep- ‘‘(I) IN GENERAL.—Before filing an action ‘‘(F) knowingly fail to submit an applica- resents at least 50 percent of the total popu- under clause (i), the attorney general of the tion required under subsection (g)(2)(F), lation of all permitted countries; or State involved shall provide to the Federal knowingly fail to submit such an application ‘‘(iv) the difference was not caused, in Trade Commission— on or before the date specified in subsection whole or in part, for the purpose of restrict- ‘‘(aa) written notice of that action; and

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.102 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3751 ‘‘(bb) a copy of the complaint for that ac- the extent that such section 5 applies to un- metic Act (21 U.S.C. 360(i)) is amended in tion. fair methods of competition. paragraph (1) by inserting after ‘‘import into ‘‘(II) EXEMPTION.—Subclause (I) shall not ‘‘(8) MANUFACTURER.—In this subsection, the United States’’ the following: ‘‘, includ- apply with respect to the filing of an action the term ‘manufacturer’ means any entity, ing a drug that is, or may be, imported or of- by an attorney general of a State under this including any affiliate or licensee of that en- fered for import into the United States under paragraph, if the attorney general deter- tity, that is engaged in— section 804,’’. mines that it is not feasible to provide the ‘‘(A) the production, preparation, propaga- (3) EFFECTIVE DATE.—The amendments notice described in that subclause before fil- tion, compounding, conversion, or processing made by this subsection shall take effect on ing of the action. In such case, the attorney of a prescription drug, either directly or in- the date that is 90 days after the date of en- general of a State shall provide notice and a directly by extraction from substances of actment of this Act. copy of the complaint to the Federal Trade natural origin, or independently by means of (d) EXHAUSTION.— Commission at the same time as the attor- chemical synthesis, or by a combination of (1) IN GENERAL.—Section 271 of title 35, ney general files the action. extraction and chemical synthesis; or United States Code, is amended— ‘‘(B) INTERVENTION.— ‘‘(B) the packaging, repackaging, labeling, (A) by redesignating subsections (h) and (i) ‘‘(i) IN GENERAL.—On receiving notice relabeling, or distribution of a prescription as (i) and (j), respectively; and under subparagraph (A)(ii), the Federal drug.’’. (B) by inserting after subsection (g) the Trade Commission shall have the right to in- (b) PROHIBITED ACTS.—The Federal Food, following: tervene in the action that is the subject of Drug, and Cosmetic Act is amended— ‘‘(h) It shall not be an act of infringement the notice. (1) in section 301 (21 U.S.C. 331), by striking to use, offer to sell, or sell within the United ‘‘(ii) EFFECT OF INTERVENTION.—If the Fed- paragraph (aa) and inserting the following: States or to import into the United States eral Trade Commission intervenes in an ac- ‘‘(aa)(1) The sale or trade by a pharmacist, any patented invention under section 804 of tion under subparagraph (A), it shall have or by a business organization of which the the Federal Food, Drug, and Cosmetic Act the right— pharmacist is a part, of a qualifying drug that was first sold abroad by or under au- ‘‘(I) to be heard with respect to any matter that under section 804(a)(2)(A) was imported thority of the owner or licensee of such pat- that arises in that action; and by the pharmacist, other than— ent.’’. ‘‘(II) to file a petition for appeal. ‘‘(A) a sale at retail made pursuant to dis- (2) RULE OF CONSTRUCTION.—Nothing in the ‘‘(C) CONSTRUCTION.—For purposes of bring- pensing the drug to a customer of the phar- amendment made by paragraph (1) shall be ing any civil action under subparagraph (A), macist or organization; or construed to affect the ability of a patent nothing in this subsection shall be construed ‘‘(B) a sale or trade of the drug to a phar- owner or licensee to enforce their patent, to prevent an attorney general of a State macy or a wholesaler registered to import subject to such amendment. (e) EFFECT OF SECTION 804.— from exercising the powers conferred on the drugs under section 804. (1) IN GENERAL.—Section 804 of the Federal attorney general by the laws of that State ‘‘(2) The sale or trade by an individual of a Food, Drug, and Cosmetic Act, as added by to— qualifying drug that under section subsection (a), shall permit the importation ‘‘(i) conduct investigations; 804(a)(2)(B) was imported by the individual. ‘‘(ii) administer oaths or affirmations; or ‘‘(3) The making of a materially false, fic- of qualifying drugs (as defined in such sec- ‘‘(iii) compel the attendance of witnesses titious, or fraudulent statement or represen- tion 804) into the United States without re- or the production of documentary and other tation, or a material omission, in a notice gard to the status of the issuance of imple- evidence. under clause (i) of section 804(g)(2)(B) or in menting regulations— ‘‘(D) ACTIONS BY THE COMMISSION.—In any an application required under section (A) from exporters registered under such case in which an action is instituted by or on 804(g)(2)(F), or the failure to submit such a section 804 on the date that is 90 days after behalf of the Federal Trade Commission for notice or application. the date of enactment of this Act; and a violation of paragraph (1), a State may not, ‘‘(4) The importation of a drug in violation (B) from permitted countries, as defined in during the pendency of that action, institute of a registration condition or other require- such section 804, by importers registered an action under subparagraph (A) for the ment under section 804, the falsification of under such section 804 on the date that is 1 same violation against any defendant named any record required to be maintained, or pro- year after the date of enactment of this Act. in the complaint in that action. vided to the Secretary, under such section, (2) REVIEW OF REGISTRATION BY CERTAIN EX- ‘‘(E) VENUE.—Any action brought under or the violation of any registration condition PORTERS.— subparagraph (A) may be brought in the dis- or other requirement under such section.’’; (A) REVIEW PRIORITY.—In the review of reg- trict court of the United States that meets and istrations submitted under subsection (b) of applicable requirements relating to venue (2) in section 303(a) (21 U.S.C. 333(a)), by such section 804, registrations submitted by under section 1391 of title 28, United States striking paragraph (6) and inserting the fol- entities in Canada that are significant ex- Code. lowing: porters of prescription drugs to individuals ‘‘(F) SERVICE OF PROCESS.—In an action ‘‘(6) Notwithstanding subsection (a), any in the United States as of the date of enact- brought under subparagraph (A), process person that knowingly violates section 301(i) ment of this Act will have priority during may be served in any district in which the (2) or (3) or section 301(aa)(4) shall be impris- the 90 day period that begins on such date of defendant— oned not more than 10 years, or fined in ac- enactment. ‘‘(i) is an inhabitant; or cordance with title 18, United States Code, (B) PERIOD FOR REVIEW.—During such 90- ‘‘(ii) may be found. or both.’’. day period, the reference in subsection ‘‘(G) MEASUREMENT OF DAMAGES.—In any (c) AMENDMENT OF CERTAIN PROVISIONS.— (b)(2)(A) of such section 804 to 90 days (relat- action under this paragraph to enforce a (1) IN GENERAL.—Section 801 of the Federal ing to approval or disapproval of registra- cause of action under this subsection in Food, Drug, and Cosmetic Act (21 U.S.C. 381) tions) is, as applied to such entities, deemed which there has been a determination that a is amended by striking subsection (g) and in- to be 30 days. defendant has violated a provision of this serting the following: (C) LIMITATION.—That an exporter in Can- subsection, damages may be proved and as- ‘‘(g) With respect to a prescription drug ada exports, or has exported, prescription sessed in the aggregate by statistical or sam- that is imported or offered for import into drugs to individuals in the United States on pling methods, by the computation of illegal the United States by an individual who is or before the date that is 90 days after the overcharges or by such other reasonable sys- not in the business of such importation, that date of enactment of this Act shall not serve tem of estimating aggregate damages as the is not shipped by a registered exporter under as a basis, in whole or in part, for dis- court in its discretion may permit without section 804, and that is refused admission approving a registration under such section the necessity of separately proving the indi- under subsection (a), the Secretary shall no- 804 from the exporter. vidual claim of, or amount of damage to, per- tify the individual that— (D) FIRST YEAR LIMIT ON NUMBER OF EX- sons on whose behalf the suit was brought. ‘‘(1) the drug has been refused admission PORTERS.—During the 1-year period begin- ‘‘(H) EXCLUSION ON DUPLICATIVE RELIEF.— because the drug was not a lawful import ning on the date of enactment of this Act, The district court shall exclude from the under section 804; the Secretary of Health and Human Services amount of monetary relief awarded in an ac- ‘‘(2) the drug is not otherwise subject to a (referred to in this section as the ‘‘Sec- tion under this paragraph brought by the at- waiver of the requirements of subsection (a); retary’’) may limit the number of registered torney general of a State any amount of ‘‘(3) the individual may under section 804 exporters under such section 804 to not less monetary relief which duplicates amounts lawfully import certain prescription drugs than 50, so long as the Secretary gives pri- which have been awarded for the same in- from exporters registered with the Secretary ority to those exporters with demonstrated jury. under section 804; and ability to process a high volume of ship- ‘‘(7) EFFECT ON ANTITRUST LAWS.—Nothing ‘‘(4) the individual can find information ments of drugs to individuals in the United in this subsection shall be construed to mod- about such importation, including a list of States. ify, impair, or supersede the operation of the registered exporters, on the Internet website (E) SECOND YEAR LIMIT ON NUMBER OF EX- antitrust laws. For the purpose of this sub- of the Food and Drug Administration or PORTERS.—During the 1-year period begin- section, the term ‘antitrust laws’ has the through a toll-free telephone number re- ning on the date that is 1 year after the date meaning given it in the first section of the quired under section 804.’’. of enactment of this Act, the Secretary may Clayton Act, except that it includes section (2) ESTABLISHMENT REGISTRATION.—Section limit the number of registered exporters 5 of the Federal Trade Commission Act to 510(i) of the Federal Food, Drug, and Cos- under such section 804 to not less than 100, so

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.102 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3752 CONGRESSIONAL RECORD — SENATE May 13, 2010 long as the Secretary gives priority to those (A) the U.S. label drug for the qualifying (i) the first fiscal year in which this title exporters with demonstrated ability to proc- drug is 1 of the 100 prescription drugs with takes effect to be an amount equal to the ess a high volume of shipments of drugs to the highest dollar volume of sales in the amount which bears the same ratio to individuals in the United States. United States based on the 12 calendar $1,000,000,000 as the number of days in such (F) FURTHER LIMIT ON NUMBER OF EXPORT- month period that is first completed on the fiscal year during which this title is effective ERS.—During any 1-year period beginning on date that is 120 days after the date of enact- bears to 365; and a date that is 2 or more years after the date ment of this Act; or (ii) the second fiscal year in which this of enactment of this Act, the Secretary may (B) the notice is a notice under subsection title is in effect to be $3,000,000,000. limit the number of registered exporters (g)(2)(B)(i)(II) of such section 804. (C) SECOND YEAR ADJUSTMENT.— under such section 804 to not less than 25 (6) NOTICE FOR OTHER DRUGS FOR IMPORT.— (i) REPORTS.—Not later than February 20 of more than the number of such exporters dur- (A) GUIDANCE ON SUBMISSION DATES.—The the second fiscal year in which this title is in ing the previous 1-year period, so long as the Secretary shall by guidance establish a se- effect, registered importers shall report to Secretary gives priority to those exporters ries of submission dates for the notices under the Secretary the total price and the total with demonstrated ability to process a high subsection (g)(2)(B)(i) of such section 804 volume of drugs imported to the United volume of shipments of drugs to individuals with respect to qualifying drugs introduced States by the importer during the 4-month in the United States. for commercial distribution as of the date of period from October 1 through January 31 of (3) LIMITS ON NUMBER OF IMPORTERS.— enactment of this Act and that are not re- such fiscal year. (A) FIRST YEAR LIMIT ON NUMBER OF IM- quired to be submitted under paragraph (4) (ii) REESTIMATE.—Notwithstanding sub- PORTERS.—During the 1-year period begin- or (5). section (e)(3)(C)(ii) of such section 804 or sub- ning on the date that is 1 year after the date (B) CONSISTENT AND EFFICIENT USE OF RE- paragraph (B), the Secretary shall reesti- of enactment of this Act, the Secretary may SOURCES.—The Secretary shall establish the mate the total price of qualifying drugs im- limit the number of registered importers dates described under subparagraph (A) so ported under subsection (a) of such section under such section 804 to not less than 100 (of that such notices described under subpara- 804 into the United States by registered im- which at least a significant number shall be graph (A) are submitted and reviewed at a porters during the second fiscal year in groups of pharmacies, to the extent feasible rate that allows consistent and efficient use which this title is in effect. Such reestimate given the applications submitted by such of the resources and staff available to the shall be equal to— groups), so long as the Secretary gives pri- Secretary for such reviews. The Secretary (I) the total price of qualifying drugs im- ority to those importers with demonstrated may condition the requirement to submit ported by each importer as reported under ability to process a high volume of ship- such a notice, and the review of such a no- clause (i); multiplied by ments of drugs imported into the United tice, on the submission by a registered ex- (II) 3. States. porter or a registered importer to the Sec- (iii) ADJUSTMENT.—The Secretary shall ad- (B) SECOND YEAR LIMIT ON NUMBER OF IM- retary of a notice that such exporter or im- just the fee due on April 1 of the second fis- PORTERS.—During the 1-year period begin- porter intends to import such qualifying cal year in which this title is in effect, from ning on the date that is 2 years after the drug to the United States under such section each importer so that the aggregate total of date of enactment of this Act, the Secretary 804. fees collected under subsection (e)(2) for such may limit the number of registered import- (C) PRIORITY FOR DRUGS WITH HIGHER fiscal year does not exceed the total price of ers under such section 804 to not less than SALES.—The Secretary shall establish the qualifying drugs imported under subsection 200 (of which at least a significant number dates described under subparagraph (A) so (a) of such section 804 into the United States shall be groups of pharmacies, to the extent that the Secretary reviews the notices de- by registered importers during such fiscal feasible given the applications submitted by scribed under such subparagraph with re- year as reestimated under clause (ii). such groups), so long as the Secretary gives spect to qualifying drugs with higher dollar (D) FAILURE TO PAY FEES.—Notwith- priority to those importers with dem- volume of sales in the United States before standing any other provision of this section, onstrated ability to process a high volume of the notices with respect to drugs with lower the Secretary may prohibit a registered im- shipments of drugs into the United States. sales in the United States. porter or exporter that is required to pay (C) FURTHER LIMIT ON NUMBER OF IMPORT- (7) NOTICES FOR DRUGS APPROVED AFTER EF- user fees under subsection (e) or (f) of such ERS.—During any 1-year period beginning on FECTIVE DATE.—The notice required under section 804 and that fails to pay such fees a date that is 3 or more years after the date subsection (g)(2)(B)(i) of such section 804 for within 30 days after the date on which it is of enactment of this Act, the Secretary may a qualifying drug first introduced for com- due, from importing or offering for importa- limit the number of registered importers mercial distribution in a permitted country tion a qualifying drug under such section 804 under such section 804 to not less than 50 (as defined in such section 804) after the date until such fee is paid. more (of which at least a significant number of enactment of this Act shall be submitted (E) ANNUAL REPORT.— shall be groups of pharmacies, to the extent to and reviewed by the Secretary as provided (i) FOOD AND DRUG ADMINISTRATION.—Not feasible given the applications submitted by under subsection (g)(2)(B) of such section 804, later than 180 days after the end of each fis- such groups) than the number of such im- without regard to paragraph (4), (5), or (6). cal year during which fees are collected porters during the previous 1-year period, so (8) REPORT.—Beginning with the first full under subsection (e), (f), or (g)(2)(B)(iv) of long as the Secretary gives priority to those fiscal year after the date of enactment of such section 804, the Secretary shall prepare importers with demonstrated ability to proc- this Act, not later than 90 days after the end and submit to the House of Representatives ess a high volume of shipments of drugs to of each fiscal year during which the Sec- and the Senate a report on the implementa- the United States. retary reviews a notice referred to in para- tion of the authority for such fees during (4) NOTICES FOR DRUGS FOR IMPORT FROM graph (4), (5), or (6), the Secretary shall sub- such fiscal year and the use, by the Food and CANADA.—The notice with respect to a quali- mit a report to Congress concerning the Drug Administration, of the fees collected fying drug introduced for commercial dis- progress of the Food and Drug Administra- for the fiscal year for which the report is tribution in Canada as of the date of enact- tion in reviewing the notices referred to in made and credited to the Food and Drug Ad- ment of this Act that is required under sub- paragraphs (4), (5), and (6). ministration. section (g)(2)(B)(i) of such section 804 shall (9) USER FEES.— (ii) CUSTOMS AND BORDER PROTECTION.—Not be submitted to the Secretary not later than (A) EXPORTERS.—When establishing an ag- later than 180 days after the end of each fis- 30 days after the date of enactment of this gregate total of fees to be collected from ex- cal year during which fees are collected Act if— porters under subsection (f)(2) of such sec- under subsection (e) or (f) of such section 804, (A) the U.S. label drug (as defined in such tion 804, the Secretary shall, under sub- the Secretary of Homeland Security, in con- section 804) for the qualifying drug is 1 of the section (f)(3)(C)(i) of such section 804, esti- sultation with the Secretary of the Treas- 100 prescription drugs with the highest dollar mate the total price of drugs imported under ury, shall prepare and submit to the House of volume of sales in the United States based subsection (a) of such section 804 into the Representatives and the Senate a report on on the 12 calendar month period most re- United States by registered exporters during the use, by the Bureau of Customs and Bor- cently completed before the date of enact- the first fiscal year in which this title takes der Protection, of the fees, if any, trans- ment of this Act; or effect to be an amount equal to the amount ferred by the Secretary to the Bureau of Cus- (B) the notice is a notice under subsection which bears the same ratio to $1,000,000,000 as toms and Border Protection for the fiscal (g)(2)(B)(i)(II) of such section 804. the number of days in such fiscal year during year for which the report is made. (5) NOTICE FOR DRUGS FOR IMPORT FROM which this title is effective bears to 365. (10) SPECIAL RULE REGARDING IMPORTATION OTHER COUNTRIES.—The notice with respect (B) IMPORTERS.—When establishing an ag- BY INDIVIDUALS.— to a qualifying drug introduced for commer- gregate total of fees to be collected from im- (A) IN GENERAL.—Notwithstanding any pro- cial distribution in a permitted country porters under subsection (e)(2) of such sec- vision of this title (or an amendment made other than Canada as of the date of enact- tion 804, the Secretary shall, under sub- by this title), the Secretary shall expedite ment of this Act that is required under sub- section (e)(3)(C)(i) of such section 804, esti- the designation of any additional permitted section (g)(2)(B)(i) of such section 804 shall mate the total price of drugs imported under countries from which an individual may im- be submitted to the Secretary not later than subsection (a) of such section 804 into the port a qualifying drug into the United States 180 days after the date of enactment of this United States by registered importers dur- under such section 804 if any action imple- Act if— ing— mented by the Government of Canada has

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.103 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3753 the effect of limiting or prohibiting the im- 381 et seq.), as amended by section 1304, is (B) by striking ‘‘to an authorized dis- portation of qualifying drugs into the United further amended by adding at the end the tributor of record or’’; and States from Canada. following section: (C) by striking subparagraph (B) and in- (B) TIMING AND CRITERIA.—The Secretary ‘‘SEC. 805. DISPOSITION OF CERTAIN DRUGS DE- serting the following: shall designate such additional permitted NIED ADMISSION. ‘‘(B) The fact that a drug subject to sub- countries under subparagraph (A)— ‘‘(a) IN GENERAL.—The Secretary of Home- section (b) is exported from the United (i) not later than 6 months after the date of land Security shall deliver to the Secretary States does not with respect to such drug ex- the action by the Government of Canada de- a shipment of drugs that is imported or of- empt any person that is engaged in the busi- scribed under such subparagraph; and fered for import into the United States if— ness of the wholesale distribution of the drug (ii) using the criteria described under sub- ‘‘(1) the shipment has a declared value of from providing the statement described in section (a)(4)(D)(i)(II) of such section 804. less than $10,000; and subparagraph (A) to the person that receives (f) IMPLEMENTATION OF SECTION 804.— ‘‘(2)(A) the shipping container for such the drug pursuant to the export of the drug. (1) INTERIM RULE.—The Secretary may pro- drugs does not bear the markings required ‘‘(C)(i) The Secretary shall by regulation mulgate an interim rule for implementing under section 804(d)(2); or establish requirements that supersede sub- section 804 of the Federal Food, Drug, and ‘‘(B) the Secretary has requested delivery paragraph (A) (referred to in this subpara- Cosmetic Act, as added by subsection (a) of of such shipment of drugs. graph as ‘alternative requirements’) to iden- this section. ‘‘(b) NO BOND OR EXPORT.—Section 801(b) tify the chain of custody of a drug subject to subsection (b) from the manufacturer of the (2) NO NOTICE OF PROPOSED RULEMAKING.— does not authorize the delivery to the owner The interim rule described under paragraph or consignee of drugs delivered to the Sec- drug throughout the wholesale distribution of the drug to a pharmacist who intends to (1) may be developed and promulgated by the retary under subsection (a) pursuant to the sell the drug at retail if the Secretary deter- Secretary without providing general notice execution of a bond, and such drugs may not mines that the alternative requirements, of proposed rulemaking. be exported. ‘‘(c) DESTRUCTION OF VIOLATIVE SHIP- which may include standardized anti-coun- (3) FINAL RULE.—Not later than 1 year after MENT.—The Secretary shall destroy a ship- terfeiting or track-and-trace technologies, the date on which the Secretary promulgates ment of drugs delivered by the Secretary of will identify such chain of custody or the an interim rule under paragraph (1), the Sec- Homeland Security to the Secretary under identity of the discrete package of the drug retary shall, in accordance with procedures subsection (a) if— from which the drug is dispensed with equal under section 553 of title 5, United States ‘‘(1) in the case of drugs that are imported or greater certainty to the requirements of Code, promulgate a final rule for imple- or offered for import from a registered ex- subparagraph (A), and that the alternative menting such section 804, which may incor- porter under section 804, the drugs are in vio- requirements are economically and tech- porate by reference provisions of the interim lation of any standard described in section nically feasible. rule provided for under paragraph (1), to the 804(g)(5); or ‘‘(ii) When the Secretary promulgates a extent that such provisions are not modified. ‘‘(2) in the case of drugs that are not im- final rule to establish such alternative re- (g) CONSUMER EDUCATION.—The Secretary ported or offered for import from a reg- quirements, the final rule in addition shall, shall carry out activities that educate con- with respect to the registration condition es- sumers— istered exporter under section 804, the drugs are in violation of a standard referred to in tablished in clause (i) of section 804(c)(3)(B), (1) with regard to the availability of quali- establish a condition equivalent to the alter- fying drugs for import for personal use from section 801(a) or 801(d)(1). ‘‘(d) CERTAIN PROCEDURES.— native requirements, and such equivalent an exporter registered with and approved by condition may be met in lieu of the registra- ‘‘(1) IN GENERAL.—The delivery and de- the Food and Drug Administration under struction of drugs under this section may be tion condition established in such clause section 804 of the Federal Food, Drug, and carried out without notice to the importer, (i).’’; Cosmetic Act, as added by this section, in- owner, or consignee of the drugs except as (2) in paragraph (2)(A), by adding at the cluding information on how to verify wheth- required by section 801(g) or section 804(i)(2). end the following: ‘‘The preceding sentence er an exporter is registered and approved by The issuance of receipts for the drugs, and may not be construed as having any applica- use of the Internet website of the Food and recordkeeping activities regarding the drugs, bility with respect to a registered exporter Drug Administration and the toll-free tele- may be carried out on a summary basis. under section 804.’’; and phone number required by this title; (3) in paragraph (3), by striking ‘‘and sub- ‘‘(2) OBJECTIVE OF PROCEDURES.—Proce- (2) that drugs that consumers attempt to dures promulgated under paragraph (1) shall section (d)—’’ in the matter preceding sub- import from an exporter that is not reg- be designed toward the objective of ensuring paragraph (A) and all that follows through istered with and approved by the Food and that, with respect to efficiently utilizing ‘‘the term ‘wholesale distribution’ means’’ in Drug Administration can be seized by the Federal resources available for carrying out subparagraph (B) and inserting the fol- United States Customs Service and de- this section, a substantial majority of ship- lowing: ‘‘and subsection (d), the term ‘whole- stroyed, and that such drugs may be counter- ments of drugs subject to described in sub- sale distribution’ means’’. feit, unapproved, unsafe, or ineffective; (b) CONFORMING AMENDMENT.—Section section (c) are identified and destroyed. (3) with regard to the suspension and ter- 503(d) of the Federal Food, Drug, and Cos- ‘‘(e) EVIDENCE EXCEPTION.—Drugs may not metic Act (21 U.S.C. 353(d)) is amended by mination of any registration of a registered be destroyed under subsection (c) to the ex- adding at the end the following: importer or exporter under such section 804; tent that the Attorney General of the United ‘‘(4) Each manufacturer of a drug subject and States determines that the drugs should be to subsection (b) shall maintain at its cor- (4) with regard to the availability at do- preserved as evidence or potential evidence porate offices a current list of the authorized mestic retail pharmacies of qualifying drugs with respect to an offense against the United imported under such section 804 by domestic distributors of record of such drug. States. ‘‘(5) For purposes of this subsection, the wholesalers and pharmacies registered with ‘‘(f) RULE OF CONSTRUCTION.—This section term ‘authorized distributors of record’ and approved by the Food and Drug Adminis- may not be construed as having any legal ef- means those distributors with whom a manu- tration. fect on applicable law with respect to a ship- facturer has established an ongoing relation- (h) EFFECT ON ADMINISTRATION PRAC- ment of drugs that is imported or offered for ship to distribute such manufacturer’s prod- TICES.—Notwithstanding any provision of import into the United States and has a de- ucts.’’. this title (and the amendments made by this clared value equal to or greater than (c) EFFECTIVE DATE.— title), the practices and policies of the Food $10,000.’’. (1) IN GENERAL.—The amendments made by and Drug Administration and Bureau of Cus- (b) PROCEDURES.—Procedures for carrying toms and Border Protection, in effect on out section 805 of the Federal Food, Drug, paragraphs (1) and (3) of subsection (a) and January 1, 2004, with respect to the importa- and Cosmetic Act, as added by subsection by subsection (b) shall take effect on Janu- tion of prescription drugs into the United (a), shall be established not later than 90 ary 1, 2012. States by an individual, on the person of days after the date of the enactment of this (2) DRUGS IMPORTED BY REGISTERED IMPORT- such individual, for personal use, shall re- Act. ERS UNDER SECTION 804.—Notwithstanding main in effect. (c) EFFECTIVE DATE.—The amendments paragraph (1), the amendments made by (i) REPORT TO CONGRESS.—The Federal made by this section shall take effect on the paragraphs (1) and (3) of subsection (a) and Trade Commission shall, on an annual basis, date that is 90 days after the date of enact- by subsection (b) shall take effect on the submit to Congress a report that describes ment of this Act. date that is 90 days after the date of enact- any action taken during the period for which SEC. 1306. WHOLESALE DISTRIBUTION OF DRUGS; ment of this Act with respect to qualifying the report is being prepared to enforce the STATEMENTS REGARDING PRIOR drugs imported under section 804 of the Fed- provisions of section 804(n) of the Federal SALE, PURCHASE, OR TRADE. eral Food, Drug, and Cosmetic Act, as added Food, Drug, and Cosmetic Act (as added by (a) STRIKING OF EXEMPTIONS; APPLICABILITY by section 1304. this title), including any pending investiga- TO REGISTERED EXPORTERS.—Section 503(e) of (3) EFFECT WITH RESPECT TO REGISTERED EX- tions or civil actions under such section. the Federal Food, Drug, and Cosmetic Act PORTERS.—The amendment made by sub- SEC. 1305. DISPOSITION OF CERTAIN DRUGS DE- (21 U.S.C. 353(e)) is amended— section (a)(2) shall take effect on the date NIED ADMISSION INTO UNITED (1) in paragraph (1)— that is 90 days after the date of enactment of STATES. (A) by striking ‘‘and who is not the manu- this Act. (a) IN GENERAL.—Chapter VIII of the Fed- facturer or an authorized distributor of (4) ALTERNATIVE REQUIREMENTS.—The Sec- eral Food, Drug, and Cosmetic Act (21 U.S.C. record of such drug’’; retary shall issue regulations to establish

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.103 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3754 CONGRESSIONAL RECORD — SENATE May 13, 2010 the alternative requirements, referred to in son to whom such paragraph applies are as ‘‘(i) at least one in-person medical evalua- the amendment made by subsection (a)(1), follows: tion of the patient has been conducted by the that take effect not later than January 1, ‘‘(A) Each page of the site shall include ei- practitioner; or 2012. ther the following information or a link to a ‘‘(ii) the practitioner conducts a medical (5) INTERMEDIATE REQUIREMENTS.—The Sec- page that provides the following informa- evaluation of the patient as a covering prac- retary shall by regulation require the use of tion: titioner. standardized anti-counterfeiting or track- ‘‘(i) The name of such person. ‘‘(B) IN-PERSON MEDICAL EVALUATION.—A and-trace technologies on prescription drugs ‘‘(ii) Each State in which the person is au- medical evaluation by a practitioner is an at the case and pallet level effective not thorized by law to dispense prescription in-person medical evaluation for purposes of later than 1 year after the date of enactment drugs. this section if the practitioner is in the phys- of this Act. ‘‘(iii) The address and telephone number of ical presence of the patient as part of con- (6) ADDITIONAL REQUIREMENTS.— each place of business of the person with re- ducting the evaluation, without regard to (A) IN GENERAL.—Notwithstanding any spect to sales of prescription drugs through whether portions of the evaluation are con- other provision of this section, the Secretary the Internet, other than a place of business ducted by other health professionals. shall, not later than 18 months after the date that does not mail or ship prescription drugs ‘‘(C) COVERING PRACTITIONER.—With respect of enactment of this Act, require that the to purchasers. to a patient, a practitioner is a covering packaging of any prescription drug incor- ‘‘(iv) The name of each individual who practitioner for purposes of this section if porates— serves as a pharmacist for prescription drugs the practitioner conducts a medical evalua- (i) a standardized numerical identifier that are mailed or shipped pursuant to the tion of the patient at the request of a practi- unique to each package of such drug, applied site, and each State in which the individual tioner who has conducted at least one in-per- at the point of manufacturing and repack- is authorized by law to dispense prescription son medical evaluation of the patient and is aging (in which case the numerical identifier drugs. temporarily unavailable to conduct the eval- shall be linked to the numerical identifier ‘‘(v) If the person provides for medical con- uation of the patient. A practitioner is a cov- applied at the point of manufacturing); and sultations through the site for purposes of ering practitioner without regard to whether (ii)(I) overt optically variable counterfeit- providing prescriptions, the name of each in- the practitioner has conducted any in-person resistant technologies that— dividual who provides such consultations; medical evaluation of the patient involved. (aa) are visible to the naked eye, providing each State in which the individual is li- ‘‘(4) RULES OF CONSTRUCTION.— for visual identification of product authen- censed or otherwise authorized by law to ‘‘(A) INDIVIDUALS REPRESENTED AS PRACTI- ticity without the need for readers, micro- provide such consultations or practice medi- TIONERS.—A person who is not a practitioner scopes, lighting devices, or scanners; cine; and the type or types of health profes- (as defined in subsection (e)(1)) lacks legal (bb) are similar to that used by the Bureau sions for which the individual holds such li- capacity under this section to have a quali- of Engraving and Printing to secure United censes or other authorizations. fying medical relationship with any patient. States currency; ‘‘(B) A link to which paragraph (1) applies ‘‘(B) STANDARD PRACTICE OF PHARMACY.— (cc) are manufactured and distributed in a shall be displayed in a clear and prominent Paragraph (1) may not be construed as pro- highly secure, tightly controlled environ- place and manner, and shall include in the hibiting any conduct that is a standard prac- tice in the practice of pharmacy. ment; and caption for the link the words ‘licensing and contact information’. ‘‘(C) APPLICABILITY OF REQUIREMENTS.— (dd) incorporate additional layers of non- ‘‘(b) INTERNET SALES WITHOUT APPRO- Paragraph (3) may not be construed as hav- visible convert security features up to and PRIATE MEDICAL RELATIONSHIPS.— ing any applicability beyond this section, including forensic capability, as described in ‘‘(1) IN GENERAL.—Except as provided in and does not affect any State law, or inter- subparagraph (B); or paragraph (2), a person may not dispense a pretation of State law, concerning the prac- (II) technologies that have a function of se- prescription drug, or sell such a drug, if— tice of medicine. curity comparable to that described in sub- ‘‘(A) for purposes of such dispensing or ‘‘(c) ACTIONS BY STATES.— clause (I), as determined by the Secretary. sale, the purchaser communicated with the ‘‘(1) IN GENERAL.—Whenever an attorney (B) STANDARDS FOR PACKAGING.—For the person through the Internet; general of any State has reason to believe purpose of making it more difficult to coun- ‘‘(B) the patient for whom the drug was that the interests of the residents of that terfeit the packaging of drugs subject to this dispensed or purchased did not, when such State have been or are being threatened or paragraph, the manufacturers of such drugs communications began, have a prescription adversely affected because any person has shall incorporate the technologies described for the drug that is valid in the United engaged or is engaging in a pattern or prac- in subparagraph (A) into at least 1 additional States; tice that violates section 301(l), the State element of the physical packaging of the ‘‘(C) pursuant to such communications, the may bring a civil action on behalf of its resi- drugs, including blister packs, shrink wrap, person provided for the involvement of a dents in an appropriate district court of the package labels, package seals, bottles, and practitioner, or an individual represented by United States to enjoin such practice, to en- boxes. the person as a practitioner, and the practi- force compliance with such section (includ- SEC. 1307. INTERNET SALES OF PRESCRIPTION tioner or such individual issued a prescrip- ing a nationwide injunction), to obtain dam- DRUGS. tion for the drug that was purchased; ages, restitution, or other compensation on (a) IN GENERAL.—Chapter V of the Federal ‘‘(D) the person knew, or had reason to behalf of residents of such State, to obtain Food, Drug, and Cosmetic Act (21 U.S.C. 351 know, that the practitioner or the individual reasonable attorneys fees and costs if the et seq.) is amended by inserting after section referred to in subparagraph (C) did not, when State prevails in the civil action, or to ob- 503B the following: issuing the prescription, have a qualifying tain such further and other relief as the ‘‘SEC. 503C. INTERNET SALES OF PRESCRIPTION medical relationship with the patient; and court may deem appropriate. DRUGS. ‘‘(E) the person received payment for the ‘‘(2) NOTICE.—The State shall serve prior ‘‘(a) REQUIREMENTS REGARDING INFORMA- dispensing or sale of the drug. written notice of any civil action under para- TION ON INTERNET SITE.— For purposes of subparagraph (E), payment graph (1) or (5)(B) upon the Secretary and ‘‘(1) IN GENERAL.—A person may not dis- is received if money or other valuable con- provide the Secretary with a copy of its com- pense a prescription drug pursuant to a sale sideration is received. plaint, except that if it is not feasible for the of the drug by such person if— ‘‘(2) EXCEPTIONS.—Paragraph (1) does not State to provide such prior notice, the State ‘‘(A) the purchaser of the drug submitted apply to— shall serve such notice immediately upon in- the purchase order for the drug, or conducted ‘‘(A) the dispensing or selling of a prescrip- stituting such action. Upon receiving a no- any other part of the sales transaction for tion drug pursuant to telemedicine practices tice respecting a civil action, the Secretary the drug, through an Internet site; sponsored by— shall have the right— ‘‘(B) the person dispenses the drug to the ‘‘(i) a hospital that has in effect a provider ‘‘(A) to intervene in such action; purchaser by mailing or shipping the drug to agreement under title XVIII of the Social ‘‘(B) upon so intervening, to be heard on all the purchaser; and Security Act (relating to the Medicare pro- matters arising therein; and ‘‘(C) such site, or any other Internet site gram); or ‘‘(C) to file petitions for appeal. used by such person for purposes of sales of ‘‘(ii) a group practice that has not fewer ‘‘(3) CONSTRUCTION.—For purposes of bring- a prescription drug, fails to meet each of the than 100 physicians who have in effect pro- ing any civil action under paragraph (1), requirements specified in paragraph (2), vider agreements under such title; or nothing in this chapter shall prevent an at- other than a site or pages on a site that— ‘‘(B) the dispensing or selling of a prescrip- torney general of a State from exercising the ‘‘(i) are not intended to be accessed by pur- tion drug pursuant to practices that promote powers conferred on the attorney general by chasers or prospective purchasers; or the public health, as determined by the Sec- the laws of such State to conduct investiga- ‘‘(ii) provide an Internet information loca- retary by regulation. tions or to administer oaths or affirmations tion tool within the meaning of section ‘‘(3) QUALIFYING MEDICAL RELATIONSHIP.— or to compel the attendance of witnesses or 231(e)(5) of the Communications Act of 1934 ‘‘(A) IN GENERAL.—With respect to issuing the production of documentary and other (47 U.S.C. 231(e)(5)). a prescription for a drug for a patient, a evidence. ‘‘(2) REQUIREMENTS.—With respect to an practitioner has a qualifying medical rela- ‘‘(4) VENUE; SERVICE OF PROCESS.—Any civil Internet site, the requirements referred to in tionship with the patient for purposes of this action brought under paragraph (1) in a dis- subparagraph (C) of paragraph (1) for a per- section if— trict court of the United States may be

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PROHIBITING PAYMENTS TO UNREGIS- ant is found, is an inhabitant, or transacts shall be liable under this section for dis- TERED FOREIGN PHARMACIES. business or wherever venue is proper under pensing or selling prescription drugs in vio- (a) IN GENERAL.—Section 303 of the Federal section 1391 of title 28, United States Code. lation of this section on account of another Food, Drug, and Cosmetic Act (21 U.S.C. 333) Process in such an action may be served in person’s selling or dispensing such drugs, is amended by adding at the end the fol- any district in which the defendant is an in- provided that the provider of the interactive lowing: habitant or in which the defendant may be computer service or of advertising services ‘‘(h) RESTRICTED TRANSACTIONS.— found. does not own or exercise corporate control ‘‘(1) IN GENERAL.—The introduction of re- ‘‘(5) ACTIONS BY OTHER STATE OFFICIALS.— over such person. stricted transactions into a payment system ‘‘(A) Nothing contained in this section ‘‘(h) NO EFFECT ON OTHER REQUIREMENTS; or the completion of restricted transactions shall prohibit an authorized State official COORDINATION.—The requirements of this using a payment system is prohibited. from proceeding in State court on the basis section are in addition to, and do not super- ‘‘(2) PAYMENT SYSTEM.— of an alleged violation of any civil or crimi- sede, any requirements under the Controlled ‘‘(A) IN GENERAL.—The term ‘payment sys- nal statute of such State. Substances Act or the Controlled Substances tem’ means a system used by a person de- ‘‘(B) In addition to actions brought by an Import and Export Act (or any regulation scribed in subparagraph (B) to effect a credit attorney general of a State under paragraph promulgated under either such Act) regard- transaction, electronic fund transfer, or (1), such an action may be brought by offi- ing Internet pharmacies and controlled sub- money transmitting service that may be cers of such State who are authorized by the stances. In promulgating regulations to used in connection with, or to facilitate, a State to bring actions in such State on be- carry out this section, the Secretary shall restricted transaction, and includes— half of its residents. coordinate with the Attorney General to en- ‘‘(i) a credit card system; ‘‘(d) EFFECT OF SECTION.—This section sure that such regulations do not duplicate shall not apply to a person that is a reg- ‘‘(ii) an international, national, regional, istered exporter under section 804. or conflict with the requirements described or local network used to effect a credit ‘‘(e) GENERAL DEFINITIONS.—For purposes in the previous sentence, and that such regu- transaction, an electronic fund transfer, or a of this section: lations and requirements coordinate to the money transmitting service; and ‘‘(1) The term ‘practitioner’ means a prac- extent practicable.’’. ‘‘(iii) any other system that is centrally titioner referred to in section 503(b)(1) with (b) INCLUSION AS PROHIBITED ACT.—Section managed and is primarily engaged in the respect to issuing a written or oral prescrip- 301 of the Federal Food, Drug, and Cosmetic transmission and settlement of credit trans- tion. Act (21 U.S.C. 331) is amended by inserting actions, electronic fund transfers, or money ‘‘(2) The term ‘prescription drug’ means a after paragraph (k) the following: transmitting services. drug that is described in section 503(b)(1). ‘‘(l) The dispensing or selling of a prescrip- ‘‘(B) PERSONS DESCRIBED.—A person re- ‘‘(3) The term ‘qualifying medical relation- tion drug in violation of section 503C.’’. ferred to in subparagraph (A) is— ‘‘(i) a creditor; ship’, with respect to a practitioner and a pa- (c) INTERNET SALES OF PRESCRIPTION tient, has the meaning indicated for such ‘‘(ii) a credit card issuer; DRUGS; CONSIDERATION BY SECRETARY OF ‘‘(iii) a financial institution; term in subsection (b). PRACTICES AND PROCEDURES FOR CERTIFI- ‘‘(f) INTERNET-RELATED DEFINITIONS.— ‘‘(iv) an operator of a terminal at which an CATION OF LEGITIMATE BUSINESSES.—In car- ‘‘(1) IN GENERAL.—For purposes of this sec- electronic fund transfer may be initiated; rying out section 503C of the Federal Food, ‘‘(v) a money transmitting business; or tion: Drug, and Cosmetic Act (as added by sub- ‘‘(A) The term ‘Internet’ means collec- ‘‘(vi) a participant in an international, na- section (a) of this section), the Secretary of tional, regional, or local network used to ef- tively the myriad of computer and tele- Health and Human Services shall take into communications facilities, including equip- fect a credit transaction, electronic fund consideration the practices and procedures of transfer, or money transmitting service. ment and operating software, which com- public or private entities that certify that ‘‘(3) RESTRICTED TRANSACTION.—The term prise the interconnected world-wide network businesses selling prescription drugs through of networks that employ the transmission ‘restricted transaction’ means a transaction Internet sites are legitimate businesses, in- or transmittal, on behalf of an individual control protocol/internet protocol, or any cluding practices and procedures regarding predecessor or successor protocols to such who places an unlawful drug importation re- disclosure formats and verification pro- quest to any person engaged in the operation protocol, to communicate information of all grams. kinds by wire or radio. of an unregistered foreign pharmacy, of— ‘‘(B) The term ‘link’, with respect to the (d) REPORTS REGARDING INTERNET-RELATED ‘‘(A) credit, or the proceeds of credit, ex- Internet, means one or more letters, words, VIOLATIONS OF FEDERAL AND STATE LAWS ON tended to or on behalf of the individual for numbers, symbols, or graphic items that ap- DISPENSING OF DRUGS.— the purpose of the unlawful drug importation pear on a page of an Internet site for the pur- (1) IN GENERAL.—The Secretary of Health request (including credit extended through pose of serving, when activated, as a method and Human Services (referred to in this sub- the use of a credit card); for executing an electronic command— section as the ‘‘Secretary’’) shall, pursuant ‘‘(B) an electronic fund transfer or funds ‘‘(i) to move from viewing one portion of a to the submission of an application meeting transmitted by or through a money trans- page on such site to another portion of the the criteria of the Secretary, make an award mitting business, or the proceeds of an elec- page; of a grant or contract to the National Clear- tronic fund transfer or money transmitting ‘‘(ii) to move from viewing one page on inghouse on Internet Prescribing (operated service, from or on behalf of the individual such site to another page on such site; or by the Federation of State Medical Boards) for the purpose of the unlawful drug impor- ‘‘(iii) to move from viewing a page on one for the purpose of— tation request; Internet site to a page on another Internet (A) identifying Internet sites that appear ‘‘(C) a check, draft, or similar instrument site. to be in violation of Federal or State laws which is drawn by or on behalf of the indi- ‘‘(C) The term ‘page’, with respect to the concerning the dispensing of drugs; vidual for the purpose of the unlawful drug Internet, means a document or other file (B) reporting such sites to State medical importation request and is drawn on or pay- accessed at an Internet site. licensing boards and State pharmacy licens- able at or through any financial institution; ‘‘(D)(i) The terms ‘site’ and ‘address’, with ing boards, and to the Attorney General and or respect to the Internet, mean a specific loca- the Secretary, for further investigation; and ‘‘(D) the proceeds of any other form of fi- tion on the Internet that is determined by (C) submitting, for each fiscal year for nancial transaction (identified by the Board Internet Protocol numbers. Such term in- which the award under this subsection is by regulation) that involves a financial in- cludes the domain name, if any. made, a report to the Secretary describing stitution as a payor or financial inter- ‘‘(ii) The term ‘domain name’ means a investigations undertaken with respect to mediary on behalf of or for the benefit of the method of representing an Internet address violations described in subparagraph (A). individual for the purpose of the unlawful without direct reference to the Internet Pro- (2) AUTHORIZATION OF APPROPRIATIONS.— drug importation request. tocol numbers for the address, including For the purpose of carrying out paragraph ‘‘(4) UNLAWFUL DRUG IMPORTATION RE- methods that use designations such as (1), there is authorized to be appropriated QUEST.—The term ‘unlawful drug importa- ‘.com’, ‘.edu’, ‘.gov’, ‘.net’, or ‘.org’. $100,000 for each of the first 3 fiscal years in tion request’ means the request, or trans- ‘‘(iii) The term ‘Internet Protocol num- which this section is in effect. mittal of a request, made to an unregistered bers’ includes any successor protocol for de- (e) EFFECTIVE DATE.—The amendments foreign pharmacy for a prescription drug by termining a specific location on the Inter- made by subsections (a) and (b) take effect 90 mail (including a private carrier), facsimile, net. days after the date of enactment of this Act, phone, or electronic mail, or by a means that ‘‘(2) AUTHORITY OF SECRETARY.—The Sec- without regard to whether a final rule to im- involves the use, in whole or in part, of the retary may by regulation modify any defini- plement such amendments has been promul- Internet. tion under paragraph (1) to take into ac- gated by the Secretary of Health and Human ‘‘(5) UNREGISTERED FOREIGN PHARMACY.— count changes in technology. Services under section 701(a) of the Federal The term ‘unregistered foreign pharmacy’ ‘‘(g) INTERACTIVE COMPUTER SERVICE; AD- Food, Drug, and Cosmetic Act. The preceding means a person in a country other than the VERTISING.—No provider of an interactive sentence may not be construed as affecting United States that is not a registered ex- computer service, as defined in section the authority of such Secretary to promul- porter under section 804. 230(f)(2) of the Communications Act of 1934 gate such a final rule. ‘‘(6) OTHER DEFINITIONS.—

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‘‘(A) CREDIT; CREDITOR; CREDIT CARD.—The this subsection if the person relies on and day that is 90 days after the date of enact- terms ‘credit’, ‘creditor’, and ‘credit card’ complies with the policies and procedures of ment of this Act. have the meanings given the terms in sec- a payment system of which the person is a (c) IMPLEMENTATION.—The Board of Gov- tion 103 of the Truth in Lending Act (15 member or in which the person is a partici- ernors of the Federal Reserve System shall U.S.C. 1602). pant, and such policies and procedures of the promulgate regulations as required by sub- ‘‘(B) ACCESS DEVICE; ELECTRONIC FUND payment system comply with the require- section (h)(7) of section 303 of the Federal TRANSFER.—The terms ‘access device’ and ments of the regulations promulgated under Food, Drug, and Cosmetic Act (21 U.S.C. 333), ‘electronic fund transfer’— subparagraph (A). as added by subsection (a), not later than 90 ‘‘(i) have the meaning given the term in ‘‘(D) ENFORCEMENT.— days after the date of enactment of this Act. section 903 of the Electronic Fund Transfer ‘‘(i) IN GENERAL.—This subsection, and the SEC. 1309. IMPORTATION EXEMPTION UNDER Act (15 U.S.C. 1693a); and regulations promulgated under this sub- CONTROLLED SUBSTANCES IMPORT ‘‘(ii) the term ‘electronic fund transfer’ section, shall be enforced exclusively by the AND EXPORT ACT. also includes any fund transfer covered Federal functional regulators and the Fed- Section 1006(a)(2) of the Controlled Sub- under Article 4A of the Uniform Commercial eral Trade Commission under applicable law stances Import and Export Act (21 U.S.C. Code, as in effect in any State. in the manner provided in section 505(a) of 956(a)(2)) is amended by striking ‘‘not import ‘‘(C) FINANCIAL INSTITUTION.—The term ‘fi- the Gramm-Leach-Bliley Act (15 U.S.C. the controlled substance into the United nancial institution’— 6805(a)). States in an amount that exceeds 50 dosage ‘‘(i) has the meaning given the term in sec- ‘‘(ii) FACTORS TO BE CONSIDERED.—In con- units of the controlled substance.’’ and in- tion 903 of the Electronic Transfer Fund Act sidering any enforcement action under this serting ‘‘import into the United States not (15 U.S.C. 1693a); and subsection against a payment system or per- more than 10 dosage units combined of all ‘‘(ii) includes a financial institution (as de- son described in paragraph (2)(B), the Fed- such controlled substances.’’. fined in section 509 of the Gramm-Leach-Bli- eral functional regulators and the Federal SEC. 1310. SEVERABILITY. ley Act (15 U.S.C. 6809)). Trade Commission shall consider the fol- If any provision of this title, an amend- ‘‘(D) MONEY TRANSMITTING BUSINESS; MONEY lowing factors: ment by this title, or the application of such TRANSMITTING SERVICE.—The terms ‘money ‘‘(I) The extent to which the payment sys- provision or amendment to any person or transmitting business’ and ‘money transmit- tem or person knowingly permits restricted circumstance is held to be unconstitutional, ting service’ have the meaning given the transactions. the remainder of this title, the amendments terms in section 5330(d) of title 31, United ‘‘(II) The history of the payment system or made by this title, and the application of the States Code. person in connection with permitting re- provisions of such to any person or cir- ‘‘(E) BOARD.—The term ‘Board’ means the stricted transactions. cumstance shall not be affected thereby. Board of Governors of the Federal Reserve ‘‘(III) The extent to which the payment System. system or person has established and is SA 4033. Mr. BROWN of Massachu- ‘‘(7) POLICIES AND PROCEDURES REQUIRED TO maintaining policies and procedures in com- setts submitted an amendment in- PREVENT RESTRICTED TRANSACTIONS.— pliance with regulations prescribed under tended to be proposed by him to the ‘‘(A) REGULATIONS.—The Board shall pro- this subsection. mulgate regulations requiring— ‘‘(8) TRANSACTIONS PERMITTED.—A payment bill S. 3217, to promote the financial ‘‘(i) an operator of a credit card system; system, or a person described in paragraph stability of the United States by im- ‘‘(ii) an operator of an international, na- (2)(B) that is subject to a regulation issued proving accountability and trans- tional, regional, or local network used to ef- under this subsection, is authorized to en- parency in the financial system, to end fect a credit transaction, an electronic fund gage in transactions with foreign pharmacies ‘‘too big to fail,’’ to protect the Amer- transfer, or a money transmitting service; in connection with investigating violations ican taxpayer by ending bailouts, to ‘‘(iii) an operator of any other payment or potential violations of any rule or require- protect consumers from abusive finan- system that is centrally managed and is pri- ment adopted by the payment system or per- cial services practices, and for other marily engaged in the transmission and set- son in connection with complying with para- tlement of credit transactions, electronic graph (7). A payment system, or such a per- purposes; which was ordered to lie on transfers or money transmitting services son, and its agents and employees shall not the table; as follows: where at least one party to the transaction be found to be in violation of, or liable At the appropriate place, insert the fol- or transfer is an individual; and under, any Federal, State or other law by lowing: ‘‘(iv) any other person described in para- virtue of engaging in any such transaction. SEC. ll. COMMISSION ON ECONOMIC SECURITY. graph (2)(B) and specified by the Board in ‘‘(9) RELATION TO STATE LAWS.—No require- (a) FINDINGS.—Congress finds that— such regulations, ment, prohibition, or liability may be im- (1) the recent financial crisis could serve as to establish policies and procedures that are posed on a payment system, or a person de- a road map for actors seeking to destabilize reasonably designed to prevent the introduc- scribed in paragraph (2)(B) that is subject to economic systems; tion of a restricted transaction into a pay- a regulation issued under this subsection, (2) the economy’s growing interconnected- ment system or the completion of a re- under the laws of any state with respect to ness increases vulnerabilities; stricted transaction using a payment sys- any payment transaction by an individual (3) the ability of malevolent actors to rap- tem. because the payment transaction involves a idly network and mask their activities un- ‘‘(B) REQUIREMENTS FOR POLICIES AND PRO- payment to a foreign pharmacy. dermines the fundamentals of the financial CEDURES.—In promulgating regulations ‘‘(10) TIMING OF REQUIREMENTS.—A payment markets and economy; under subparagraph (A), the Board shall— system, or a person described in paragraph (4) as it is reported that a recent war game ‘‘(i) identify types of policies and proce- (2)(B) that is subject to a regulation issued of the Department of Defense— dures, including nonexclusive examples, that under this subsection, must adopt policies (A) exposed the seriousness of threats to shall be considered to be reasonably designed and procedures reasonably designed to com- our economy; to prevent the introduction of restricted ply with any regulations required under (B) was won by a group representing the transactions into a payment system or the paragraph (7) within 60 days after such regu- Government of China; and completion of restricted transactions using a lations are issued in final form. (C) indicated a significant lack of under- payment system; and ‘‘(11) COMPLIANCE.—A payment system, and standing of these issues across the divides ‘‘(ii) to the extent practicable, permit any any person described in paragraph (2)(B), between the national security and financial payment system, or person described in para- shall not be deemed to be in violation of communities; graph (2)(B), as applicable, to choose among paragraph (1)— (5) a leading financial executive recently alternative means of preventing the intro- ‘‘(A)(i) if an alleged violation of paragraph noted that the financial crisis, sparked by duction or completion of restricted trans- (1) occurs prior to the mandatory compliance the September 15th, 2008, collapse of Lehman actions. date of the regulations issued under para- Brothers, could serve as a road map for ac- ‘‘(C) NO LIABILITY FOR BLOCKING OR REFUS- graph (7); and tors seeking to destabilize economic sys- ING TO HONOR RESTRICTED TRANSACTION.— ‘‘(ii) such entity has adopted or relied on tems; ‘‘(i) IN GENERAL.—A payment system, or a policies and procedures that are reasonably (6) prominent counterterrorism expert Pro- person described in paragraph (2)(B) that is designed to prevent the introduction of re- fessor Bruce Hoffman of Georgetown Univer- subject to a regulation issued under this sub- stricted transactions into a payment system sity has stated that al Qaeda and other ter- section, and any participant in such pay- or the completion of restricted transactions rorists groups were devoting new attention ment system that prevents or otherwise re- using a payment system; or to derailing our financial system in the wake fuses to honor transactions in an effort to ‘‘(B)(i) if an alleged violation of paragraph of that crisis; implement the policies and procedures re- (1) occurs after the mandatory compliance (7) foreign governments have developed quired under this subsection or to otherwise date of such regulations; and economic warfare capabilities or organiza- comply with this subsection shall not be lia- ‘‘(ii) such entity is in compliance with such tions, such as an economic warfare bureau in ble to any party for such action. regulations.’’. China; and ‘‘(ii) COMPLIANCE.—A person described in (b) EFFECTIVE DATE.—The amendment (8) former Directors of National Intel- paragraph (2)(B) meets the requirements of made by this section shall take effect on the ligence and other top experts have warned of

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cyber-security and other threats capable of (B) VOTING MEMBERS.—The Commission (4) DETAILEES.—Any Federal Government disrupting our financial institutions or crit- shall be composed of 12 voting members, of employee may be detailed to the Commission ical infrastructure, such as the national whom not fewer than 4 members should be without reimbursement from the Commis- power grid. currently in the private sector, or have sig- sion, and such detailee shall retain the (b) ESTABLISHMENT.—There is established a nificant experience in the private sector, of rights, status, and privileges of their regular commission to be known as the ‘‘Security whom— employment without interruption. Threats to Financial Markets and Economic (i) 3 shall be appointed by the Speaker of (5) EXPERTS AND CONSULTANTS.—In accord- Recovery Commission’’ (referred to in this the House of Representatives; ance with rules agreed upon by the Commis- section as the ‘‘Commission’’). (ii) 3 shall be appointed by the minority sion and to the extent provided in advance in (c) DUTIES OF COMMISSION.— leader of the House of Representatives; appropriation Acts, the director may procure (1) MANDATORY LEGISLATIVE RECOMMENDA- (iii) 3 shall be appointed by the majority the services of experts and consultants under TIONS.—The Commission shall examine the leader of the Senate; and section 3109(b) of title 5, United States Code, threats and vulnerabilities to the United (iv) 3 shall be appointed by the minority but at rates not to exceed the daily equiva- States financial markets and to develop leg- leader of the Senate. lent of the annual rate of basic pay for level islative recommendations designed to ad- (C) EXECUTIVE BRANCH CONSULTATION.—The V of the Executive Schedule under section dress— Director of National Intelligence, the Sec- 5316 of title 5, United States Code. (A) potential threats to financial markets retary, and the Chairman of the Board of (h) POWERS OF COMMISSION.— and economies from state actors and non- Governors shall advise and assist the Com- (1) HEARINGS AND EVIDENCE.—The Commis- state actors; mission, at the request of the Commission. sion may, for the purpose of carrying out this section, hold such hearings, sit and act (B) vulnerabilities in financial markets (D) CHAIR AND CO-CHAIR.—The Speaker of with substantial economic implications; the House of Representatives, the minority at such times and places, take such testi- mony, and receive such evidence as the Com- (C) the divide between national security leader of the House of Representatives, the mission considers appropriate. The Commis- concerns and economic concerns; and majority leader of the Senate, and the mi- sion may administer oaths or affirmations to (D) national security vulnerabilities asso- nority leader of the Senate shall designate 2 witnesses appearing before it. ciated with current Federal debt levels. co-chairpersons of the Commission from the (2) POWERS OF MEMBERS AND AGENTS.—Any (2) POLICY SOLUTIONS.—Legislative rec- members appointed under subparagraph (B), member or agent of the Commission may, if ommendations developed to address the one of whom must be a Republican and one authorized by the Commission, take any ac- issues described in paragraph (1) may in- of whom must be a Democrat. tion which the Commission is authorized to clude— (2) LIMITATIONS AS TO MEMBERS OF CON- take under this subsection. (A) reforms necessary to address gaps in GRESS.— (3) MAILS.—The Commission may use the (A) MEMBERS OF CONGRESS ON COMMIS- government and private capabilities to com- United States mails in the same manner and SION.—Each appointing authority described bat threats to financial markets; under the same conditions as other depart- in paragraph (1)(B) shall appoint not more (B) reforms that strengthen the security of ments and agencies of the United States. financial markets; than 2 Members of Congress, nor fewer than (4) ADMINISTRATIVE SUPPORT SERVICES.— 1 member of Congress, to the Commission. (C) reforms that address financial systemic Upon the request of the Commission, the Ad- (B) CONTINUATION OF VOTING MEMBERSHIP.— weakness; and ministrator of General Services shall provide In the case of an individual appointed pursu- (D) any other reforms designed to address to the Commission, on a reimbursable basis, ant to paragraph (1)(A) who was appointed as the issues described in paragraph (1). the administrative support services nec- (d) REPORT.— a Member of Congress under subparagraph essary for the Commission to carry out its (1) IN GENERAL.—The Commission shall, (A), if such individual ceases to be a Member responsibilities under this section. of Congress, that individual shall cease to be not later than September 5, 2010, submit an (5) CONTRACT AUTHORITY.—To the extent interim report to Congress and, not later a member of the Commission. provided in advance in appropriation Acts, than 1 year after the date of the enactment (3) DATE FOR ORIGINAL APPOINTMENT.—The the Commission may enter into contracts to of this Act, shall submit a full report to Con- appointing authorities described in para- enable the Commission to discharge its du- gress and the President containing— graph (1)(B) shall appoint the initial mem- ties under this section. (A) a detailed description of the activities bers of the Commission not later than 30 (i) FUNDING.—There are authorized to be of the Commission; days after the date of enactment of this Act. appropriated to the Commission, such sums (B) a detailed statement of any findings of (4) TERMS.— as may be necessary to carry out this sec- the Commission as to public preferences re- (A) IN GENERAL.—The term of each member tion. Funding for the Commission shall be garding the issues, policies, and tradeoffs is for the life of the Commission. provided through discretionary appropria- presented in the town hall style public hear- (B) VACANCIES.—A vacancy in the Commis- tions. ings; sion shall be filled not later than 30 days (j) TERMINATION.—The Commission shall (C) a list of policy options for addressing after such vacancy occurs and in the manner terminate 60 days after the date of submis- those problems; and in which the original appointment was made. sion of its legislative proposal to Congress (D) criteria for the legislative rec- (5) PAY AND REIMBURSEMENT.— under this section. ommendations to be developed by the Com- (A) NO COMPENSATION FOR MEMBERS OF COM- mission. MISSION.—Except as provided in subpara- SA 4034. Mr. CORKER submitted an (2) FORM.—The reports submitted under graph (B), a member of the Commission may amendment intended to be proposed to paragraph (1) shall be submitted in unclassi- not receive pay, allowances, or benefits by amendment SA 3739 proposed by Mr. fied form, but may contain a classified reason of their service on the Commission. REID (for Mr. DODD (for himself and annex. (B) TRAVEL EXPENSES.—Each member shall Mrs. LINCOLN)) to the bill S. 3217, to (e) LEGISLATIVE RECOMMENDATIONS.— receive travel expenses, including per diem promote the financial stability of the (1) IN GENERAL.—Not later than 60 days in lieu of subsistence under subchapter I of United States by improving account- after the date on which the full report is sub- chapter 57 of title 5, United States Code. ability and transparency in the finan- mitted under subsection (d)(1) and by a vote (6) MEETINGS.—The Commission shall meet upon the call of the chairperson or a major- cial system, to end ‘‘too big to fail,’’ to of at least 10 of the members, the Commis- protect the American taxpayer by end- sion shall submit legislative recommenda- ity of its voting members. tions to Congress and the President designed (7) QUORUM.—Six voting members of the ing bailouts, to protect consumers to address the issues described in subsection Commission shall constitute a quorum, but a from abusive financial services prac- (c). lesser number may hold hearings. tices, and for other purposes; which (2) PROPOSAL REQUIREMENTS.—The proposal (g) STAFF OF COMMISSION.— was ordered to lie on the table; as fol- under paragraph (1) shall, to the extent fea- (1) STAFF.—In accordance with rules lows: sible, be designed— agreed upon by the Commission, subject to On page 1315, strike line 18, and all that (A) to achieve financial market and sys- paragraph (2), and to the extent provided in follows through page 1325, line 20 and insert temic security; advance in appropriation Acts, the co-chair- the following: (B) to address the comments and sugges- persons of the Commission may appoint and ‘‘(B) the State consumer financial law is tions of the consulted non-governmental ex- fix the pay of no more than 3 staff persons, preempted in accordance with the legal perts and government officials; and subject to paragraph (3). standards of the decision of the Supreme (C) to meet the criteria set forth in the (2) APPLICABILITY OF CERTAIN CIVIL SERVICE Court in Barnett Bank v. Nelson (517 U.S. 25 Commission report. LAWS.—The staff of the Commission may be (1996)), and any preemption determination (f) MEMBERSHIP AND MEETINGS.— appointed without regard to the provisions under this subparagraph may be made by a (1) MEMBERSHIP.— of title 5, United States Code, governing ap- court or by regulation or order of the Comp- (A) IN GENERAL.—The Commission shall be pointments in the competitive service. troller of the Currency, on a case-by-case composed of 12 voting members appointed (3) COMPENSATION.—A staff person of the basis, in accordance with applicable law; or pursuant to subparagraph (B) and 3 non- Commission may not be paid at a rate of pay ‘‘(C) the State consumer financial law is voting members described in subparagraph that exceeds the maximum rate of pay for a preempted by a provision of Federal law (C). position at GS–14 of the General Schedule. other than this title.

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‘‘(2) SAVINGS CLAUSE.—This title does not subsequent resolution of such proposal shall ‘‘SEC. 6. STATE LAW PREEMPTION STANDARDS preempt, annul, or affect the applicability of comply with the procedures set forth in sub- FOR FEDERAL SAVINGS ASSOCIA- any State law to any subsidiary or affiliate sections (a) and (b) of section 5244 of the Re- TIONS CLARIFIED. of a national bank (other than a subsidiary vised Statutes of the United States (12 U.S.C. ‘‘(a) IN GENERAL.—Any determination by a or affiliate that is chartered as a national 43 (a), (b)). court or by the Director or any successor of- bank). ‘‘(2) REPORTS TO CONGRESS.—At the time of ficer or agency regarding the relation of ‘‘(3) CASE-BY-CASE BASIS.— issuing a review conducted under paragraph State law to a provision of this Act or any ‘‘(A) DEFINITION.—As used in this section (1), the Comptroller of the Currency shall regulation or order prescribed under this Act the term ‘case-by-case basis’ refers to a de- submit a report regarding such review to the shall be made in accordance with the laws termination pursuant to this section made Committee on Financial Services of the and legal standards applicable to national by the Comptroller concerning the impact of House of Representatives and the Committee banks regarding the preemption of State a particular State consumer financial law on on Banking, Housing, and Urban Affairs of law. ‘‘(b) PRINCIPLES OF CONFLICT PREEMPTION any national bank that is subject to that the Senate. The report submitted to the re- APPLICABLE.—Notwithstanding the authori- law, or the law of any other State with sub- spective committees shall address whether ties granted under sections 4 and 5, this Act stantively equivalent terms. the agency intends to continue, rescind, or does not occupy the field in any area of ‘‘(B) CONSULTATION.—When making a de- propose to amend any determination that a State law.’’. termination on a case-by-case basis that a provision of Federal law preempts a State (b) CLERICAL AMENDMENT.—The table of State consumer financial law of another consumer financial law, and the reasons sections for the Home Owners’ Loan Act (12 State has substantively equivalent terms as therefor. U.S.C. 1461 et seq.) is amended by striking one that the Comptroller is preempting, the ‘‘(e) APPLICATION OF STATE CONSUMER FI- the item relating to section 6 and inserting Comptroller shall first consult with the Bu- NANCIAL LAW TO SUBSIDIARIES AND AFFILI- the following new item: reau of Consumer Financial Protection and ATES.—Notwithstanding any provision of this shall take the views of the Bureau into ac- title, a State consumer financial law shall ‘‘Sec. 6. State law preemption standards count when making the determination. apply to a subsidiary or affiliate of a na- for Federal savings associations ‘‘(4) RULE OF CONSTRUCTION.—This title tional bank (other than a subsidiary or affil- and subsidiaries clarified.’’. does not occupy the field in any area of iate that is chartered as a national bank) to SEC. 1047. VISITORIAL STANDARDS FOR NA- State law. the same extent that the State consumer fi- TIONAL BANKS AND SAVINGS ASSO- CIATIONS. ‘‘(5) STANDARDS OF REVIEW.— nancial law applies to any person, corpora- (a) NATIONAL BANKS.—Section 5136C of the ‘‘(A) PREEMPTION.—A court reviewing any tion, or other entity subject to such State Revised Statutes of the United States (as determinations made by the Comptroller re- law. added by this subtitle) is amended by adding garding preemption of a State law by this ‘‘(f) PRESERVATION OF POWERS RELATED TO at the end the following: title shall assess the validity of such deter- CHARGING INTEREST.—No provision of this ‘‘(j) VISITORIAL POWERS.— minations, depending upon the thoroughness title shall be construed as altering or other- ‘‘(1) IN GENERAL.—In accordance with the evident in the consideration of the agency, wise affecting the authority conferred by decision of the Supreme Court of the United the validity of the reasoning of the agency, section 5197 of the Revised Statutes of the States in Cuomo v. Clearing House Assn., L. the consistency with other valid determina- United States (12 U.S.C. 85) for the charging L. C., 5 (129 S. Ct. 2710 (2009)), no provision of tions made by the agency, and other factors of interest by a national bank at the rate al- this title which relates to visitorial powers which the court finds persuasive and rel- lowed by the laws of the State, territory, or or otherwise limits or restricts the visitorial evant to its decision. district where the bank is located, including authority to which any national bank is sub- ‘‘(B) SAVINGS CLAUSE.—Except as provided with respect to the meaning of ‘interest’ ject shall be construed as limiting or re- in subparagraph (A), nothing in this section under such provision. stricting the authority of any attorney gen- shall affect the deference that a court may ‘‘(g) TRANSPARENCY OF OCC PREEMPTION eral (or other chief law enforcement officer) afford to the Comptroller in making deter- DETERMINATIONS.—The Comptroller of the of any State to bring an action in a court of minations regarding the meaning or inter- Currency shall publish and update no less appropriate jurisdiction to enforce an appli- pretation of title LXII of the Revised Stat- frequently than quarterly, a list of preemp- cable nonpreempted State law against a na- utes of the United States or other Federal tion determinations by the Comptroller of tional bank, as authorized by such law, and laws. the Currency then in effect that identifies to seek relief as authorized by such law. ‘‘(6) COMPTROLLER DETERMINATION NOT DEL- the activities and practices covered by each ‘‘(2) EXCLUSION.—The powers granted to EGABLE.—Any regulation, order, or deter- determination and the requirements and State attorneys general and State regulators mination made by the Comptroller of the constraints determined to be preempted.’’. under section 1042 of the Restoring American Currency under paragraph (1)(B) shall be (b) CLERICAL AMENDMENT.—The table of Financial Stability Act of 2010 shall not made by the Comptroller, and shall not be sections for chapter one of title LXII of the apply to any national bank, or any sub- delegable to another officer or employee of Revised Statutes of the United States is sidiary thereof, regulated by the Office of the the Comptroller of the Currency. amended by inserting after the item relating Comptroller of the Currency. ‘‘(c) SUBSTANTIAL EVIDENCE.—No regula- to section 5136B the following new item: ‘‘(k) ENFORCEMENT ACTIONS.—The ability of tion or order of the Comptroller of the Cur- ‘‘Sec. 5136C. State law preemption standards the Comptroller of the Currency to bring an rency prescribed under subsection (b)(1)(B), for national banks and subsidi- enforcement action under this title or sec- shall be interpreted or applied so as to inval- aries clarified.’’. tion 5 of the Federal Trade Commission Act idate, or otherwise declare inapplicable to a SEC. 1045. CLARIFICATION OF LAW APPLICABLE national bank, the provision of the State does not preclude any private party from en- TO NONDEPOSITORY INSTITUTION forcing rights granted under Federal or consumer financial law, unless substantial SUBSIDIARIES. evidence, made on the record of the pro- Section 5136C of the Revised Statutes of State law in the courts.’’. (b) SAVINGS ASSOCIATIONS.—Section 6 of ceeding, supports the specific finding regard- the United States (as added by this subtitle) the Home Owners’ Loan Act (as added by this ing the preemption of such provision in ac- is amended by adding at the end the fol- title) is amended by adding at the end the cordance with the legal standard of the deci- lowing: following: sion of the Supreme Court of the United ‘‘(i) CLARIFICATION OF LAW APPLICABLE TO ‘‘(c) VISITORIAL POWERS.—The provisions of States in Barnett Bank of Marion County, NONDEPOSITORY INSTITUTION SUBSIDIARIES sections 5136C(j) of the Revised Statutes of N.A. v. Nelson, Florida Insurance Commis- AND AFFILIATES OF NATIONAL BANKS.— the United States shall apply to Federal sav- sioner, et al., 517 U.S. 25 (1996). ‘‘(1) DEFINITIONS.—For purposes of this sub- ings associations, and any subsidiary there- ‘‘(d) PERIODIC REVIEW OF PREEMPTION DE- section, the terms ‘depository institution’, of, to the same extent and in the same man- TERMINATIONS.— ‘subsidiary’, and ‘affiliate’ have the same ner as if such savings associations, or sub- ‘‘(1) IN GENERAL.—The Comptroller of the meanings as in section 3 of the Federal De- sidiaries thereof, were national banks or sub- Currency shall periodically conduct a re- posit Insurance Act. sidiaries of national banks, respectively. view, through notice and public comment, of ‘‘(2) RULE OF CONSTRUCTION.—No provision each determination that a provision of Fed- of this title shall be construed as pre- SA 4035. Mr. LEVIN (for himself and eral law preempts a State consumer finan- empting, annulling, or affecting the applica- Mr. KAUFMAN) submitted an amend- cial law. The agency shall conduct such re- bility of State law to any subsidiary, affil- view within the 5-year period after pre- iate, or agent of a national bank (other than ment intended to be proposed to scribing or otherwise issuing such deter- a subsidiary, affiliate, or agent that is char- amendment SA 3739 proposed by Mr. mination, and at least once during each 5- tered as a national bank).’’. REID (for Mr. DODD (for himself and year period thereafter. After conducting the SEC. 1046. STATE LAW PREEMPTION STANDARDS Mrs. LINCOLN)) to the bill S. 3217, to review of, and inspecting the comments FOR FEDERAL SAVINGS ASSOCIA- promote the financial stability of the made on, the determination, the agency TIONS AND SUBSIDIARIES CLARI- United States by improving account- shall publish a notice in the Federal Register FIED. announcing the decision to continue or re- (a) IN GENERAL.—The Home Owners’ Loan ability and transparency in the finan- scind the determination or a proposal to Act (12 U.S.C. 1461 et seq.) is amended by in- cial system, to end ‘‘too big to fail,’’ to amend the determination. Any such notice of serting after section 5 the following new sec- protect the American taxpayer by end- a proposal to amend a determination and the tion: ing bailouts, to protect consumers

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.093 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3759 from abusive financial services prac- ited investor, as set forth in the rules of the tions), an appropriate Federal banking agen- tices, and for other purposes; which Commission under the Securities Act of 1933, cy, or the National Credit Union Administra- was ordered to lie on the table; as fol- so that the individual net worth of any nat- tion, that— lows: ural person, or joint net worth with the (i) bars the person from— spouse of that person, at the time of pur- (I) association with an entity regulated by On page 525, between lines 9 and 10, insert chase, is more than $1,000,000 (as such such commission, authority, agency, or offi- the following: amount is adjusted periodically by rule of cer; SEC. 719. PROHIBITION ON REGISTRATION, DES- the Commission), excluding the value of the (II) engaging in the business of securities, IGNATION, OR APPROVAL. primary residence of such natural person, ex- insurance, or banking; or (a) PROHIBITION.—Neither the Commodity cept that during the 4-year period that be- (III) engaging in savings association or Futures Trading Commission nor the Securi- gins on the date of enactment of this Act, ties and Exchange Commission may register, credit union activities; or the net worth standard shall be $1,000,000, ex- designate, approve, or otherwise permit an (ii) constitutes a final order based on a vio- cluding the value of the primary residence of entity to operate within the United States as lation of any law or regulation that pro- such natural person. one or more of the following, if that entity hibits fraudulent, manipulative, or deceptive (b) REVIEW AND ADJUSTMENT.— has been, plans to be, or later is established conduct within the 10-year period ending on (1) INITIAL REVIEW AND ADJUSTMENT.— outside the United States, in whole or in the date of the filing of the offering state- (A) INITIAL REVIEW.—The Commission may part, in a manner which permits that entity ment; or undertake a review of the definition of the to avoid or assist others to avoid the pay- (B) has been convicted of any felony or term ‘‘accredited investor’’, as such term ap- ment of United States taxes— misdemeanor in connection with the pur- plies to natural persons, to determine wheth- (1) a derivatives clearing organization; chase or sale of any security or involving the er the requirements of the definition, exclud- (2) a swap execution facility; making of any false filing with the Commis- ing the requirement relating to the net (3) a board of trade as a contract market sion. worth standard described in subsection (a), under section 5 of the Commodity Exchange should be adjusted or modified for the pro- Act (7 U.S.C. 7); SA 4038. Mr. DORGAN (for Mr. DODD tection of investors, in the public interest, (4) a clearing agency; (for himself and Mr. ROCKEFELLER)) and in light of the economy. (5) a security-based swap execution facil- proposed an amendment to the bill S. (B) ADJUSTMENT OR MODIFICATION.—Upon ity; or completion of a review under subparagraph 2768, to amend title 49, United States (6) an exchange as a national securities ex- (A), the Commission may, by notice and Code, to authorize appropriations for change under section 6 of the Securities Ex- comment rulemaking, make such adjust- the National Transportation Safety change Act of 1934 (15 U.S.C. 78f). ments to the definition of the term ‘‘accred- Board for fiscal years 2011 and 2012, and (b) DEFINITIONS.—For purposes of this sec- tion, the terms ‘‘derivatives clearing organi- ited investor’’, excluding adjusting or modi- for other purposes; as follows: zation,’’ ‘‘swap execution facility’’ and fying the requirement relating to the net In lieu of the matter proposed to be in- ‘‘board of trade’’ have the meanings given worth standard described in subsection (a), serted, insert the following: the terms in Section1a of the Commodity Ex- as such term applies to natural persons, as SECTION 1. SHORT TITLE. change Act (7 U.S.C. 1a), and the terms the Commission may deem appropriate for This Act may be cited as the ‘‘National ‘‘clearing agency’’, ‘‘security-based swap the protection of investors, in the public in- Transportation Safety Board Reauthoriza- execution facility’’, and ‘‘exchange’’ have the terest, and in light of the economy. tion Act of 2010’’. (2) SUBSEQUENT REVIEWS AND ADJUST- meanings given the terms in section 3(a) of SEC. 2. AUTHORIZATION OF APPROPRIATIONS. MENT.— the Securities Exchange Act of 1934 (15 (a) IN GENERAL.—Section 1118(a) of title 49, U.S.C. 78c(a)). (A) SUBSEQUENT REVIEWS.—Not earlier than 4 years after the date of enactment of this United States Code, is amended to read as follows: Mr. BENNETT submitted an Act, and not less frequently than once every SA 4036. ‘‘(a) IN GENERAL.—There are authorized to 4 years thereafter, the Commission shall un- amendment intended to be proposed to be appropriated for the purposes of this chap- dertake a review of the definition, in its en- amendment SA 3739 proposed by Mr. ter $98,050,000 for fiscal year 2011 and tirety, of the term ‘‘accredited investor’’, as REID (for Mr. DODD (for himself and $98,050,000 for fiscal year 2012. Such sums such term applies to natural persons, to de- shall remain available until expended.’’. Mrs. LINCOLN)) to the bill S. 3217, to termine whether the requirements of the def- (b) FEES, REFUNDS, REIMBURSEMENTS, AND promote the financial stability of the inition should be adjusted or modified for the ADVANCES.—Section 1118(c) of such title is United States by improving account- protection of investors, in the public inter- amended to read as follows: ability and transparency in the finan- est, and in light of the economy. ‘‘(c) FEES, REFUNDS, REIMBURSEMENTS, AND cial system, to end ‘‘too big to fail’’, to (B) ADJUSTMENT OR MODIFICATION.—Upon ADVANCES.— completion of a review under subparagraph protect the American taxpayer by end- ‘‘(1) IN GENERAL.—The Board may impose ing bailouts, to protect consumers (A), the Commission may, by notice and and collect such fees, refunds, reimburse- from abusive financial services prac- comment rulemaking, make such adjust- ments, and advances as it determines to be tices, and for other purposes; which ments to the definition of the term ‘‘accred- appropriate for activities, services, and fa- ited investor’’, as such term applies to nat- cilities provided by or through the Board. was ordered to lie on the table; as fol- ural persons, as the Commission may deem ‘‘(2) RECEIPTS CREDITED AS OFFSETTING COL- lows: appropriate for the protection of investors, LECTIONS.—Notwithstanding section 3302 of On page 431, line 22, strike ‘‘3’’ and insert in the public interest, and in light of the ‘‘2’’. title 31, any fee, refund, reimbursement, or economy. advance collected under this subsection— On page 388, line 14, strike ‘‘1 year’’ and in- ‘‘(A) shall be credited as offsetting collec- SA 4037. Mr. BOND (for himself, Mr. sert ‘‘3 years’’. WARNER, Mr. BROWN of Massachusetts, On page 998, strike line 12 and all that fol- tions to the account that finances the activi- ties, services, or facilities for which the fee, and Ms. CANTWELL) submitted an lows through page 1001, line 25, and insert the following: refund, reimbursement, or advance is associ- amendment intended to be proposed to ated; amendment SA 3739 proposed by Mr. SEC. 926. DISQUALIFYING FELONS AND OTHER ‘‘BAD ACTORS’’ FROM REGULATION D ‘‘(B) shall be available for expenditure only REID (for Mr. DODD (for himself and OFFERINGS. to pay the costs of activities, services, or fa- Mrs. LINCOLN)) to the bill S. 3217, to Not later than 1 year after the date of en- cilities for which the fee, refund, reimburse- promote the financial stability of the actment of this Act, the Commission shall ment, or advance is associated; and United States by improving account- issue rules for the disqualification of offer- ‘‘(C) shall remain available until expended. ability and transparency in the finan- ings and sales of securities made under sec- ‘‘(3) RECORD.—The Board shall maintain an cial system, to end ‘‘too big to fail’’, to tion 230.506 of title 17, Code of Federal Regu- annual record of collections received under protect the American taxpayer by end- lations, that— paragraph (2). ‘‘(4) REFUNDS.—The Board may refund any ing bailouts, to protect consumers (1) are substantially similar to the provi- sions of section 230.262 of title 17, Code of fee or advance paid by mistake or any from abusive financial services prac- Federal Regulations, or any successor there- amount paid in excess of that required.’’. tices, and for other purposes; which to; and SEC. 3. TECHNICAL CORRECTIONS. was ordered to lie on the table; as fol- (2) disqualify any offering or sale of securi- (a) DEFINITIONS.—Section 1101 of title 49, lows: ties by a person that— United States Code, is amended by striking On page 387, strike line 13 and all that fol- (A) is subject to a final order of a State se- ‘‘otherwise.’’ and inserting ‘‘otherwise, and lows through page 388, line 3, and insert the curities commission (or an agency or officer may include incidents not involving destruc- following: of a State performing like functions), a tion or damage, but significantly affecting SEC. 412. ADJUSTING THE ACCREDITED INVES- State authority that supervises or examines transportation safety, as the Board may pre- TOR STANDARD. banks, savings associations, or credit unions, scribe or Congress may direct.’’. (a) IN GENERAL.—The Commission shall ad- a State insurance commission (or an agency (b) GENERAL ORGANIZATION.—Section just any net worth standard for an accred- or officer of a State performing like func- 1111(d) of title 49, United States Code, is

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.095 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3760 CONGRESSIONAL RECORD — SENATE May 13, 2010 amended by striking ‘‘absent’’ and inserting at the time the Board is notified of an acci- (C) by adding at the end the following: ‘‘unavailable’’. dent or incident and ending when the Board ‘‘(e) AUTHORITY OF BOARD REPRESENTA- (c) ADMINISTRATIVE.—Section 1113 of title issues a final report or brief, or determines TIVE.—The Board may, with the consent of 49, United States Code, is amended— to close an investigation without issuing a the Secretary, delegate to the Department of (1) by inserting ‘‘or depositions’’ in para- report or brief.’’. Transportation full authority to obtain the graph (a)(1) after ‘‘hearings’’; and (e) REPORTS AND STUDIES—Section 1116(b) facts of any aviation accident or incident the (2) by inserting ‘‘In the interest of trans- of title 49, United States Code, is amended— Board shall investigate, and the on-scene portation safety, the Board shall have the (1) by striking ‘‘carry out’’ in paragraph (1) representative of the Secretary shall have authority by subpoena to summon witnesses and inserting ‘‘conduct’’; and the full authority of the Board to, on display and obtain any and all evidence relevant to (2) by striking paragraph (3) and inserting of appropriate credentials and written notice an accident investigation conducted under the following: of inspection authority, enter property this chapter.’’ after ‘‘(2)’’ in subsection (a)(2). ‘‘(3) prescribe requirements for persons re- where an aviation accident has occurred or (d) DISCLOSURE, AVAILABILITY, AND USE OF porting accidents and incidents that may be wreckage from the accident is located and do INFORMATION.—Section 1114 of title 49, investigated by the Board under this chap- anything necessary to gather evidence in United States Code, is amended— ter;’’. support of a Board investigation, in accord- (1) by striking the heading for subsection (f) DISCOVERY AND USE OF COCKPIT AND ance with such rules as the Board may pre- (b) and inserting ‘‘(b) TRADE SECRETS; COM- SURFACE VEHICLE RECORDINGS AND TRAN- scribe. ‘‘(f) MARITIME ACCIDENT INVESTIGATIONS.— MERCIAL OR FINANCIAL INFORMATION.—’’; SCRIPTS.—Section 1154(a)(1)(A) of title 49, (2) by inserting ‘‘submitted to the Board in United States Code, is amended by striking The Board may, with the consent of the Sec- the course of a Board investigation or study ‘‘and’’ and inserting ‘‘or’’. retary of the department in which the Coast and’’ in subsection (b)(1) after ‘‘information’’ Guard is operating, delegate to the Coast SEC. 4. AUTHORITY OF THE BOARD. the first place it appears; Guard full authority to obtain the facts of (a) EVALUATION AND AUDIT.—Section 1138(a) (3) by striking ‘‘title 18’’ in subsection any maritime accident or incident the Board of title 49, United States Code, is amended by (b)(1) and inserting ‘‘title 18, or commercial shall investigate, and the on-scene represent- striking ‘‘conducted at least annually, but or financial information,’’; ative of the Commandant of the Coast Guard may be’’. (4) by striking ‘‘safety’’ in subsection shall have the full authority of the Board to, (b) TRAINING OF BOARD EMPLOYEES AND (b)(1)(D) the first place it appears and insert- on display of appropriate credentials and OTHERS.—Section 1115(d) of title 49, United ing ‘‘safety, including through the issuance written notice of inspection authority, enter States Code, is amended— of reports of accident investigation or safety property where a maritime accident has oc- (1) by striking ‘‘investigation.’’ and insert- studies and safety recommendations,’’; curred or wreckage from the accident is lo- ing ‘‘investigation, including investigation (5) by inserting ‘‘subparagraphs (A) cated and do anything necessary to gather theory and techniques and transportation through (C) of’’ after ‘‘under’’ in subsection evidence in support of a Board investigation, safety, to advance Board safety rec- (b)(2); in accordance with such rules as the Board ommendations.’’; (6) by adding at the end of subsection (b) may prescribe.’’. (2) by striking ‘‘training.’’ and inserting the following: (2) CONFORMING AMENDMENTS.— ‘‘(4) Each person submitting to the Board ‘‘training or who influence transportation (A) The heading for section 1132 of title 49, trade secrets, commercial or financial infor- safety through support or adoption of Board United States Code, is amended to read as mation, or information that could be classi- safety recommendations.’’; and follows: (3) by striking ‘‘collections.’’ and inserting fied as controlled under the International ‘‘§ 1132. Civil aircraft and maritime accident Traffic in Arms Regulations shall appro- ‘‘collections under the provisions of section 1118 of this chapter.’’. investigations’’. priately annotate the information to indi- (B) The table of contents for chapter 11 of cate the restricted nature of the information (c) ACCIDENT INVESTIGATION AUTHORITY.— title 49, United States Code, is amended by in order to facilitate proper handling of such Section 1131 of title 49, United States Code, striking the item relating to section 1132 and materials by the Board.’’; is amended— inserting the following: (7) by striking ‘‘shall’’ in paragraph(1)(A) (1) by striking subsection (a)(1)(C) and in- of subsection (f) and inserting ‘‘may’’; serting the following: ‘‘1132. Civil aircraft and maritime accident (8) by striking ‘‘information’’ in paragraph ‘‘(C) a freight or passenger railroad acci- investigations’’. (2) of subsection (f) and inserting ‘‘informa- dent in which there is a fatality (other than (e) INSPECTIONS AND AUTOPSIES.—Section tion, or other relevant information author- a fatality involving a trespasser), substantial 1134 of title 49, United States Code, is amend- ized for disclosure under this chapter,’’; and property damage, or significant injury to the ed— (9) by adding at the end thereof the fol- environment;’’; (1) by striking ‘‘officer or employee of the lowing: (2) by striking ‘‘and’’ after the semicolon National Transportation Safety Board—’’ in ‘‘(g) ONGOING BOARD INVESTIGATIONS.—(1) in subsection (a)(1)(E); subsection (a) and inserting ‘‘officer, em- Notwithstanding any other provision of law, (3) by inserting ‘‘or incident’’ after ‘‘acci- ployee, or designee of the National Transpor- neither the Board, nor any agency receiving dent’’ each place it appears in subsection tation Safety Board in the conduct of any information from the Board, may publicly (a)(1)(F); accident or incident investigation or disclose records related to an ongoing Board (4) by striking ‘‘chapter.’’ in subsection study—’’; investigation, and such records shall be ex- (a)(1)(F) and inserting ‘‘chapter;’’; (2) by adding at the end of subsection (b)(1) empt from disclosure under section 552(b)(3) (5) by adding at the end of subsection (a)(1) the following: ‘‘The Board may download or of title 5. Notwithstanding the preceding the following: seize any recording device and recordings sentence, the Board may make public spe- ‘‘(G) an accident or incident in response to and may require specific information only cific records relevant to the investigation, an international request and delegation available from the manufacturer to enable release of which in the Board’s judgment is under appropriate international conventions, the Board to read and interpret any flight necessary to promote transportation safe- coordinated through the Department of parameter or navigation storage device or ty— State and accepted by the Board; and media on board the accident aircraft. The ‘‘(A) if the Board holds a public hearing on ‘‘(H) an incident or incidents significantly provisions of section 1114(b) of this chapter the accident or incident, at the time of the affecting transportation safety, as defined by shall apply to matters properly identified as hearing; the Board, under rules and in such detail as trade secrets or commercial or financial in- ‘‘(B) if the Board does not hold a public the Board may prescribe.’’; formation.’’; and hearing, at the time the Board determines (6) by inserting ‘‘or incident’’ after ‘‘acci- (3) by inserting after ‘‘component.’’ in sub- that substantial portions of the underlying dent’’ each place it appears in subsection section (c) the following: ‘‘The officer or em- factual reports on the accident or incident, (a)(3); ployee may download or seize any recording and supporting evidence, will be placed in (7) by inserting ‘‘or relevant to’’ after ‘‘de- device and recordings, and may require the the public docket; or veloped about’’ in subsection (a)(3); production of specific information only ‘‘(C) if the Board determines during an on- (8) by inserting ‘‘AND INCIDENT’’ after ‘‘AC- available from the manufacturer to enable going investigation or study that cir- CIDENT’’ in the heading for subsection (e); the Board to read and interpret any oper- cumstances warrant disclosure of specific and ational parameter or navigation storage de- factual material and that such material need (9) by inserting ‘‘and incident’’ in sub- vice or media on board the accident vehicle, be placed in the public docket to facilitate section (e) after ‘‘each accident’’. vessel, or rolling stock. The provisions of dialogue with other agencies or instrumen- (d) CIVIL AIRCRAFT AND MARITIME ACCIDENT section 1114(b) of this chapter shall apply to talities, regulatory bodies, industry or indus- INVESTIGATIONS.— matters properly identified as trade secrets try groups, or Congress. (1) IN GENERAL.—Section 1132 of title 49, or commercial or financial information.’’. ‘‘(2) This subsection does not prevent the United States Code, is amended— SEC. 5. AVIATION PENALTIES AND FAMILY AS- Board from referring at any time to evidence (A) by inserting ‘‘or have investigated’’ in SISTANCE. from an ongoing investigation in making subsection (a)(1) after ‘‘investigate’’; (a) FAMILY ASSISTANCE IN COMMERCIAL safety recommendations. (B) by striking ‘‘aircraft;’’ in subsection AVIATION ACCIDENTS.—Section 41113(b)(7) of ‘‘(3) In this subsection, the term ‘ongoing (a)(1)(A) and inserting ‘‘aircraft or a com- title 49, United States Code, is amended by investigation’ means that period beginning mercial space launch vehicle;’’; and striking ‘‘months.’’ and inserting ‘‘months

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.096 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3761 and that, prior to destruction of unclaimed (I) The Troubled Asset Relief Program through recommending best practices such possessions, a reasonable attempt will be (until the termination of the authority of as telephone hotlines for victims or deploy- made to notify the family of each passenger the Special Inspector General for such pro- ment of personnel of the Office to flood within 60 days of any planned destruction gram under section 121(k) of the Emergency areas) in any area for which the President date.’’. Economic Stabilization Act of 2008 (12 U.S.C. declares a major disaster under section 401 of (b) FAMILY ASSISTANCE IN COMMERCIAL 5231(k))). the Robert T. Stafford Disaster Relief and AVIATION ACCIDENTS INVOLVING FOREIGN CAR- (2) DUTIES.— Emergency Assistance Act (42 U.S.C. 5170) re- RIERS.—Section 41313(c)(7) of title 49, United (A) MEETINGS.—The Council of Inspectors lating to flooding; and States Code, is amended by striking ‘‘acci- General shall meet not less than once each f dent.’’ and inserting ‘‘accident and that, quarter, or more frequently if the chair con- prior to destruction of unclaimed posses- siders it appropriate, to facilitate the shar- AUTHORITY FOR COMMITTEES TO sions, a reasonable attempt will be made to ing of information among inspectors general MEET notify the family of each passenger within 60 and to discuss the ongoing work of each in- COMMITTEE ON ARMED SERVICES days of any planned destruction date.’’. spector general who is a member of the SEC. 6. ACCIDENT-RELATED INFORMATION RE- Council of Inspectors General, with a focus Mr. REID. Mr. President, I ask unan- LEASE POLICY REPORT. on concerns that may apply to the broader imous consent that the Committee on Within 180 days after the date of enact- financial sector and ways to improve finan- Armed Services be authorized to meet ment of this Act, the National Transpor- cial oversight. tation Safety Board shall submit to the Sen- during the session of the Senate on (B) ANNUAL REPORT.—Each year the Coun- ate Committee on Commerce, Science, and May 13, 2010, at 2:30 p.m. Transportation and the House of Representa- cil of Inspectors General shall submit to the The PRESIDING OFFICER. Without tives Committee on Transportation and In- Council and to Congress a report including— objection, it is so ordered. frastructure a report describing the policies, (i) for each inspector general who is a member of the Council of Inspectors General, COMMITTEE ON FINANCE procedures, and guidelines used by the Board Mr. REID. Mr. President, I ask unan- in the expedited release of factual accident- a section within the exclusive editorial con- related information to victims and their trol of such inspector general that highlights imous consent that the Committee on families, Federal, State, and local accident the concerns and recommendations of such Finance be authorized to meet during investigators and agencies, private or third inspector general in such inspector general’s the session of the Senate on May 13, party investigation partners, the public, and ongoing and completed work, with a focus on 2010, at 10 a.m., in room 215 of the Dirk- other stakeholders. issues that may apply to the broader finan- sen Senate Office Building. cial sector; and The PRESIDING OFFICER. Without Mr. DORGAN (for Mr. DODD (ii) a summary of the general observations SA 4039. objection, it is so ordered. (for himself and Mr. ROCKEFELLER)) of the Council of Inspectors General based on proposed an amendment to the bill S. the views expressed by each inspector gen- COMMITTEE ON INDIAN AFFAIRS 2768, to amend title 49, United States eral as required by clause (i), with a focus on Mr. REID. Mr. President, I ask unan- measures that should be taken to improve fi- imous consent that the Committee on Code, to authorize appropriations for nancial oversight. the National Transportation Safety Indian Affairs be authorized to meet (3) WORKING GROUPS TO EVALUATE COUN- during the session of the Senate on Board for fiscal years 2011 and 2012, and CIL.— May 13, 2010, at 9:30 a.m. in room 628 of for other purposes; as follows: (A) CONVENING A WORKING GROUP.—The Amend the title so as to read ‘‘A Bill To Council of Inspectors General may, by ma- the Dirksen Senate Office Building. amend title 49, United States Code, to au- jority vote, convene a Council of Inspectors The PRESIDING OFFICER. Without thorize appropriations for the National General Working Group to evaluate the ef- objection, it is so ordered. Transportation Safety Board for fiscal years fectiveness and internal operations of the COMMITTEE ON THE JUDICIARY 2011 and 2012, and for other purposes.’’ Council. Mr. REID. Mr. President, I ask unan- (B) PERSONNEL AND RESOURCES.—The in- imous consent that the Committee on SA 4040. Mrs. MCCASKILL (for her- spectors general who are members of the self and Mr. GRASSLEY) submitted an Council of Inspectors General may detail Judiciary be authorized to meet during amendment intended to be proposed by staff and resources to a Council of Inspectors the session of the Senate on May 13, her to the bill S. 3217, to promote the General Working Group established under 2010, at 10 a.m., in SD–226 of the Dirk- financial stability of the United States this paragraph to enable it to carry out its sen Senate Office Building, to conduct by improving accountability and trans- duties. an executive business meeting. parency in the financial system, to end (C) REPORTS.—A Council of Inspectors Gen- The PRESIDING OFFICER. Without eral Working Group established under this objection, it is so ordered. ‘‘too big to fail’’, to protect the Amer- paragraph shall submit regular reports to ican taxpayer by ending bailouts, to the Council and to Congress on its evalua- COMMITTEE ON THE JUDICIARY protect consumers from abusive finan- tions pursuant to this paragraph. Mr. REID. Mr. President, I ask unan- cial services practices, and for other (b) RESPONSE TO REPORT BY COUNCIL.—The imous consent that the Committee on purposes; which was ordered to lie on Council shall respond to the concerns raised the Judiciary be authorized to meet the table; as follows: in the report of the Council of Inspectors during the session of the Senate, on General under subsection (a)(2)(B) for such At the end of subtitle A of title I, insert May 13, 2010, at 2:30 p.m., in room SD– year. the following: 226 of the Dirksen Senate Office Build- SEC. 122. ADDITIONAL OVERSIGHT OF FINANCIAL SA 4041. Mr. REED submitted an ing, to conduct a hearing entitled REGULATORY SYSTEM. amendment intended to be proposed to ‘‘Nominations.’’ (a) COUNCIL OF INSPECTORS GENERAL ON FI- amendment SA 3739 proposed by Mr. The PRESIDING OFFICER. Without NANCIAL OVERSIGHT.— (1) ESTABLISHMENT AND MEMBERSHIP.— REID (for Mr. DODD (for himself and objection, it is so ordered. There is established a Council of Inspectors Mrs. LINCOLN)) to the bill S. 3217, to SELECT COMMITTEE ON INTELLIGENCE General on Financial Oversight (in this sec- promote the financial stability of the Mr. REID. Mr. President, I ask unan- tion referred to as the ‘‘Council of Inspectors United States by improving account- imous consent that the Committee on General’’) chaired by the Inspector General ability and transparency in the finan- Intelligence be authorized to meet dur- of the Department of the Treasury and com- cial system, to end ‘‘too big to fail’’, to ing the session of the Senate on May posed of the inspectors general of the fol- protect the American taxpayer by end- lowing: 13, 2010, at 2:30 p.m. ing bailouts, to protect consumers The PRESIDING OFFICER. Without (A) The Board of Governors of the Federal from abusive financial services prac- Reserve System. objection, it is so ordered. tices, and for other purposes; which (B) The Commodity Futures Trading Com- f mission. was ordered to lie on the table; as fol- (C) The Department of Housing and Urban lows: VIRGIN ISLAND NATIONAL PARK Development. On page 392, between lines 22 and 23, insert LEASE ACT (D) The Department of the Treasury. the following: Mr. DODD. Mr. President, I ask unan- (E) The Federal Deposit Insurance Cor- ‘‘(G) to coordinate with other Federal imous consent that the Senate proceed poration. agencies (including the Federal Emergency to the immediate consideration of Cal- (F) The Federal Housing Finance Agency. Management Agency), States (including (G) The National Credit Union Administra- State insurance regulators), and insurance endar No. 296, H.R. 714, the Virgin Is- tion. companies efforts to facilitate the timely lands National Park. (H) The Securities and Exchange Commis- processing of flood insurance claims by in- The PRESIDING OFFICER. The sion. surance companies and agents (including clerk will report the bill by title.

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.096 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3762 CONGRESSIONAL RECORD — SENATE May 13, 2010 The assistant legislative clerk read ƒ(E)≈(F) include any other provisions de- The assistant legislative clerk read as follows: termined by the Secretary to be necessary to as follows: protect the Park and the public interest. A bill (H.R. 714) to authorize the Secretary A bill (S. 1132) to amend title 18, United (5) RENTAL AMOUNTS.—In determining the States Code, to improve the provisions relat- of the Interior to lease certain lands in Vir- fair market value rental of the lease re- ing to the carrying of concealed weapons by gin Islands National Park, and for other pur- quired under section 3(k)(4) of Public Law 91– law enforcement officers, and for other pur- poses. 383 (16 U.S.C. 1a–2(k)(4)), the Secretary shall poses. There being no objection, the Senate take into consideration— proceeded to consider the bill, which (A) the value of any associated property There being no objection, the Senate had been reported from the Committee conveyed to the United States; and proceeded to consider the bill, which (B) the value, if any, of the relinquished had been reported from the Committee on Energy and Natural Resources, with term of the retained use estate. amendments, as follows: on the Judiciary, with an amendment (6) USE OF PROCEEDS.—Rental amounts paid to strike all after the enacting clause (The parts of the bill intended to be to the United States under a lease shall be stricken are shown in boldface brack- available to the Secretary, without further and insert in lieu thereof the following: ets and the parts of the bill intended to appropriation, for visitor services and re- SECTION 1. SHORT TITLE. be inserted are shown in italics.) source protection within the Park. This Act may be cited as the ‘‘Law Enforce- (7) CONGRESSIONAL NOTIFICATION.—The Sec- ment Officers Safety Act Improvements Act of H.R. 714 retary shall submit a proposed lease under 2010’’. Be it enacted by the Senate and House of Rep- this section to the Committee on Energy and SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OF- resentatives of the United States of America in Natural Resources of the Senate and the FICER SAFETY PROVISIONS OF TITLE Congress assembled, Committee on Natural Resources of the 18. (a) IN GENERAL.—Section 926B of title 18, SECTION 1. CANEEL BAY LEASE AUTHORIZATION. House of Representatives at least 60 days be- ø ¿ United States Code, is amended— (a) DEFINITIONS.—In this section: fore the effective date award of the lease. (8) RENEWAL.—A lease entered into under (1) in subsection (c)(3), by inserting ‘‘which (1) PARK.—The term ‘‘Park’’ means the could result in suspension or loss of police pow- Virgin Islands National Park. this section may not be extended or renewed. (9) TERMINATION.—Upon the termination of ers’’ after ‘‘agency’’; and (2) RESORT.—The term ‘‘resort’’ means the (2) by adding at the end the following: Caneel Bay resort on the island of St. John a lease entered into under this section, if the Secretary determines the continuation of ‘‘(f) For the purposes of this section, a law en- in the Park. forcement officer of the Amtrak Police Depart- (3) RETAINED USE ESTATE.—The term ‘‘re- commercial services at the resort to be ap- propriate, the services shall be provided in ment, a law enforcement officer of the Federal tained use estate’’ means the retained use es- Reserve, or a law enforcement or police officer tate for the Caneel Bay property on the is- accordance with the National Park Service Concessions Management Improvement Act of the executive branch of the Federal Govern- land of St. John entered into between the ment qualifies as an employee of a governmental Jackson Hole Preserve and the United States of 1998 (16 U.S.C. 5951 et seq.). (c) RETAINED USE ESTATE.— agency who is authorized by law to engage in or on September 30, 1983 (as amended, assigned, supervise the prevention, detection, investiga- and assumed). (1) IN GENERAL.—As a condition of the lease, the owner of the retained use estate tion, or prosecution of, or the incarceration of (4) SECRETARY.—The term ‘‘Secretary’’ any person for, any violation of law, and has means the Secretary of the Interior. shall terminate, extinguish, and relinquish to the Secretary all rights under the re- statutory powers of arrest.’’. (b) LEASE AUTHORIZATION.— tained use estate and shall transfer, without (b) ACTIVE LAW ENFORCEMENT OFFICERS.— (1) IN GENERAL.—If the Secretary deter- consideration, ownership of improvements Section 926B of title 18, United States Code is mines that the long-term benefit to the Park on the retained use estate to the National amended by striking subsection (e) and inserting would be greater by entering into a lease Park Service. the following: with the owner of the retained use estate (2) APPRAISAL.— ‘‘(e) As used in this section, the term ‘fire- than by authorizing a concession contract (A) IN GENERAL.—The Secretary shall re- arm’— upon the termination of the retained use es- quire an appraisal by an independent, quali- ‘‘(1) except as provided in this subsection, has tate, the Secretary may enter into a lease fied appraiser øthat¿ who is agreed to by the the same meaning as in section 921 of this title; with the owner of the retained use estate for Secretary and the owner of the retained use ‘‘(2) includes ammunition not expressly pro- the operation and management of the resort. estate to determine the value, if any, of the hibited by Federal law or subject to the provi- (2) ACQUISITIONS.—The Secretary may— relinquished term of the retained use estate. sions of the National Firearms Act; and (A) acquire associated property from the (B) REQUIREMENTS.—An appraisal under ‘‘(3) does not include— owner of the retained use estate; and paragraph (1) shall be conducted in accord- ‘‘(A) any machinegun (as defined in section (B) on the acquisition of property under ance with— 5845 of the National Firearms Act); subparagraph (A), administer the property as (i) the Uniform Appraisal Standards for ‘‘(B) any firearm silencer (as defined in sec- part of the Park. Federal Land Acquisitions; and tion 921 of this title); and (3) AUTHORITY.—Except as otherwise pro- (ii) the Uniform Standards of Professional ‘‘(C) any destructive device (as defined in sec- vided by this section, a lease shall be in ac- Appraisal Practice. tion 921 of this title).’’. cordance with subsection (k) of section 3 of (c) RETIRED LAW ENFORCEMENT OFFICERS.— Public Law 91–383 (16 U.S.C. 1a–2(k)), not- Mr. DODD. Mr. President, I ask unan- Section 926C of title 18, United States Code is withstanding paragraph (2) of that sub- imous consent that the committee-re- amended— section. ported amendments be considered and (1) in subsection (c)— (4) TERMS AND CONDITIONS.—A lease author- agreed to, the bill, as amended, be read (A) in paragraph (1)— ized under this section shall— three times, passed, and the motions to (i) by striking ‘‘retired’’ and inserting ‘‘sepa- (A) be for the minimum number of years reconsider be laid upon the table en rated from service’’; and practicable, taking into consideration the bloc; and that any statements relating (ii) by striking ‘‘, other than for reasons of need for the lessee to secure financing for to the bill be printed in the RECORD. mental instability’’; necessary capital improvements to the re- The PRESIDING OFFICER. Without (B) in paragraph (2), by striking ‘‘retirement’’ sort, but in no event shall the term of the and inserting ‘‘separation’’; lease exceed 40 years; objection, it is so ordered. (C) in paragraph (3)— (B) prohibit any transfer, assignment, or The committee amendments were (i) in subparagraph (A), by striking ‘‘retire- sale of the lease or otherwise convey or agreed to. ment, was regularly employed as a law enforce- pledge any interest in the lease øwith¿ with- The amendments were ordered to be ment officer for an aggregate of 15 years or out prior written notification to, and ap- engrossed and the bill to be read a more’’ and inserting ‘‘separation, served as a proval by the Secretary; third time. law enforcement officer for an aggregate of 10 (C) ensure that the general character of The bill (H.R. 714), as amended, was years or more’’; and the resort property remains unchanged, in- read the third time and passed. (ii) in subparagraph (B), by striking ‘‘retired’’ cluding a prohibition against— f and inserting ‘‘separated’’; (i) any increase in the overall size of the (D) by striking paragraph (4) and inserting resort; or LAW ENFORCEMENT OFFICERS the following: (ii) any increase in the number of guest ac- SAFETY ACT IMPROVEMENTS ‘‘(4) during the most recent 12-month period, commodations available at the resort; ACT OF 2010 has met, at the expense of the individual, the (D) prohibit the sale of partial ownership standards for qualification in firearms training shares or timeshares in the resort; øand¿ Mr. DODD. Mr. President, I ask unan- for active law enforcement officers, as deter- (E) include provisions to ensure the protection imous consent that the Senate proceed mined by the former agency of the individual, of the natural, cultural, and historic features of to the immediate consideration of Cal- the State in which the individual resides or, if the resort and associated property, consistent endar No. 315, S. 1132. the State has not established such standards, ei- with the laws and policies applicable to prop- The PRESIDING OFFICER. The ther a law enforcement agency within the State erty managed by the National Park Service; and clerk will report the bill by title. in which the individual resides or the standards

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Without (E) by striking paragraph (5) and replacing it this legislation. objection, it is so ordered. with the following: ‘‘(5)(A) has not been officially found by a In March, for the third time since The committee amendment in the qualified medical professional employed by the 2007, the Senate Judiciary Committee nature of a substitute was agreed to. agency to be unqualified for reasons relating to favorably reported legislation making The bill (S. 1132), as amended, was or- mental health and as a result of this finding needed improvements to the Law En- dered to be engrossed for a third read- will not be issued the photographic identifica- forcement Officers Safety Act of 2004, ing, was read the third time, and tion as described in subsection (d)(1); or which allows qualified active and re- passed. ‘‘(B) has not entered into an agreement with tired law enforcement officers to ob- f the agency from which the individual is sepa- tain certification to carry firearms rating from service in which that individual ac- NATIONAL TRANSPORTATION knowledges he or she is not qualified under this across State lines. I am very pleased section for reasons relating to mental health the Senate has at last given its ap- SAFETY BOARD REAUTHORIZA- and for those reasons will not receive or accept proval to these important improve- TION ACT OF 2009 the photographic identification as described in ments to the original law. Mr. DODD. Mr. President, I ask unan- subsection (d)(1);’’; In 2004, Congress passed the Law En- imous consent that the Senate proceed (2) in subsection (d)— forcement Officers Safety Act. I to the immediate consideration of Cal- (A) paragraph (1)— worked with Senator Ben Nighthorse (i) by striking ‘‘retired’’ and inserting ‘‘sepa- endar No. 273, S. 2768. Campbell and 68 other Senators to The PRESIDING OFFICER. The rated’’; and show our strong support for the Na- (ii) by striking ‘‘to meet the standards’’ and clerk will report the bill by title. all that follows through ‘‘concealed firearm’’ tion’s law enforcement community. The assistant legislative clerk read and inserting ‘‘to meet the active duty stand- Since enactment, however, many re- as follows: ards for qualification in firearms training as es- tired officers have experienced substan- A bill (S. 2768) to amend title 49, United tablished by the agency to carry a firearm of the tial difficulty in gaining the benefits States Code, authorizing appropriations for same type as the concealed firearm’’; the law was intended to confer. I lis- the National Transportation Safety Board (B) paragraph (2)— tened carefully to the feedback and ad- for fiscal years 2010 through 2014, and for (i) in subparagraph (A), by striking ‘‘retired’’ vice from those in the law enforcement other purposes. and inserting ‘‘separated’’; and (ii) in subparagraph (B), by striking ‘‘that in- community to make the existing law There being no objection, the Senate dicates’’ and all that follows through the period stronger and more workable in a re- proceeded to consider the bill, which and inserting ‘‘or by a certified firearms instruc- sponsible and measured way. I espe- had been reported from the Committee tor that is qualified to conduct a firearms quali- cially thank the Fraternal Order of Po- on Commerce, Science, and Transpor- fication test for active duty officers within that lice, the Federal Law Enforcement Of- tation, with an amendment to strike State that indicates that the individual has, not ficers Association, and the National all after the enacting clause and insert less than 1 year before the date the individual is Association of Police Organizations for carrying the concealed firearm, been tested or in lieu thereof the following: their strong support. SECTION 1. SHORT TITLE. otherwise found by the State or a certified fire- The amendments we pass today will arms instructor that is qualified to conduct a This Act may be cited as the ‘‘National Trans- firearms qualification test for active duty offi- make the original law’s operation more portation Safety Board Reauthorization Act of cers within that State to have met— efficient while maintaining the rig- 2009’’. ‘‘(I) the active duty standards for qualifica- orous standards that apply to those SEC. 2. AUTHORIZATION OF APPROPRIATIONS. tion in firearms training, as established by the who seek its benefits. It will ensure (a) IN GENERAL.—Section 1118(a) of title 49, State, to carry a firearm of the same type as the that law enforcement officers who have United States Code, is amended to read as fol- concealed firearm; or served honorably and who are now re- lows: ‘‘(II) if the State has not established such tired will have flexibility in achieving ‘‘(a) IN GENERAL.—There are authorized to be standards, standards set by any law enforce- the law’s benefits and privileges which appropriated for the purposes of this chapter ment agency within that State to carry a fire- $100,000,000 for fiscal year 2010, $105,000,000 for arm of the same type as the concealed firearm.’’; Congress determined they deserve. It is especially appropriate that we fiscal year 2011, $112,000,000 for fiscal year 2012, and $118,000,000 for fiscal year 2013, and $124,000,000 (3) by striking subsection (e) and inserting the pass this legislation this week at a for fiscal year 2014. Such sums shall remain following: time when tens of thousands of law en- available until expended.’’. ‘‘(e) As used in this section— forcement officers are in the Nation’s (b) FEES, REFUNDS, REIMBURSEMENTS, AND ‘‘(1) the term ‘firearm’— Capital to honor and remember their ADVANCES.—Section 1118(c) of such title is ‘‘(A) except as provided in this paragraph, fellow officers who have lost their lives amended to read as follows: has the same meaning as in section 921 of this in the line of duty. As I do each year, ‘‘(c) FEES, REFUNDS, REIMBURSEMENTS, AND title; and in recognition of the ceremonies in ADVANCES.— ‘‘(B) includes ammunition not expressly pro- Washington, I introduced a resolution ‘‘(1) IN GENERAL.—The Board may impose and hibited by Federal law or subject to the provi- collect such fees, refunds, reimbursements, and sions of the National Firearms Act; and to officially recognize May 15 as Na- advances as it determines to be appropriate for ‘‘(C) does not include— tional Peace Officers Memorial Day. activities, services, and facilities provided by or ‘‘(i) any machinegun (as defined in section The Senate unanimously adopted that through the Board. 5845 of the National Firearms Act); resolution. All of the men and women ‘‘(2) RECEIPTS CREDITED AS OFFSETTING COL- ‘‘(ii) any firearm silencer (as defined in sec- who serve and who are in Washington LECTIONS.—Notwithstanding section 3302 of title tion 921 of this title); and to remember and celebrate their fallen 31, any fee, refund, reimbursement, or advance ‘‘(iii) any destructive device (as defined in sec- fellow officers should know that the collected under this subsection— tion 921 of this title); and Senate recognizes the extraordinary ‘‘(A) shall be credited as offsetting collections ‘‘(2) the term ‘service with a public agency as to the account that finances the activities, serv- a law enforcement officer’ includes service as a work they do on behalf of all Ameri- ices, or facilities for which the fee, refund, reim- law enforcement officer of the Amtrak Police cans. bursement, or advance is associated; Department, service as a law enforcement officer I thank all Senators who supported ‘‘(B) shall be available for expenditure only to of the Federal Reserve, or service as a law en- this measure and express my deep ap- pay the costs of activities, services, or facilities forcement or police officer of the executive preciation for the sacrifices and service for which the fee, refund, reimbursement, or ad- branch of the Federal Government.’’. of all of the men and women who give vance is associated; and Mr. LEAHY. Mr. President, I thank so much in the service of their fellow ‘‘(C) shall remain available until expended. all Senators for joining me in support citizens. ‘‘(3) RECORD.—The Board shall maintain an of the Law Enforcement Officers Safe- Mr. DODD. Mr. President, I ask unan- annual record of collections received under paragraph (2). ty Act Improvements Act of 2010. Pas- imous consent that the committee-re- ‘‘(4) REFUNDS.—The Board may refund any sage of this legislation demonstrates ported substitute amendment be agreed fee or advance paid by mistake or any amount the Senate’s strong bipartisan support to, the bill, as amended, be read a third paid in excess of that required.’’. of all the men and women who serve in time and passed, the motions to recon- SEC. 3. TECHNICAL CORRECTIONS. law enforcement roles in the United sider be laid upon the table, with no in- (a) DEFINITIONS.—Section 1101 of title 49, States. I thank the Judiciary Commit- tervening action or debate, and that United States Code, is amended by striking

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(e) REPORTS AND STUDIES—Section 1116(b) of Secretary shall have the full authority of the (b) GENERAL ORGANIZATION.—Section 1111(d) title 49, United States Code, is amended— Board to, on display of appropriate credentials of title 49, United States Code, is amended by (1) by striking ‘‘carry out’’ in paragraph (1) and written notice of inspection authority, enter striking ‘‘absent’’ and inserting ‘‘unavailable’’. and inserting ‘‘conduct’’; and property where an aviation accident has oc- (c) ADMINISTRATIVE.—Section 1113 of title 49, (2) by striking paragraph (3) and inserting the curred or wreckage from the accident is located United States Code, is amended— following: and do anything necessary to gather evidence in (1) by inserting ‘‘or depositions’’ in paragraph ‘‘(3) prescribe requirements for persons report- support of a Board investigation, in accordance (a)(1) after ‘‘hearings’’; and ing accidents and incidents that may be inves- with such rules as the Board may prescribe. (2) by inserting ‘‘In the interest of transpor- tigated by the Board under this chapter;’’. ‘‘(f) MARITIME ACCIDENT INVESTIGATIONS.— tation safety, the Board shall have the author- (f) DISCOVERY AND USE OF COCKPIT AND SUR- The Board may, with the consent of the Sec- ity by subpoena to summon witnesses and ob- FACE VEHICLE RECORDINGS AND TRANSCRIPTS.— retary of the department in which the Coast tain any and all evidence relevant to an acci- Section 1154(a)(1)(A) of title 49, United States Guard is operating, delegate to the Coast Guard dent investigation conducted under this chap- Code, is amended by striking ‘‘and’’ and insert- full authority to obtain the facts of any mari- ter.’’ after ‘‘(2)’’ in subsection (a)(2). ing ‘‘or’’. time accident or incident the Board shall inves- (d) DISCLOSURE, AVAILABILITY, AND USE OF SEC. 4. AUTHORITY OF THE BOARD. tigate, and the on-scene representative of the INFORMATION.—Section 1114 of title 49, United (a) EVALUATION AND AUDIT.—Section 1138(a) Commandant of the Coast Guard shall have the States Code, is amended— of title 49, United States Code, is amended by full authority of the Board to, on display of ap- (1) by striking the heading for subsection (b) striking ‘‘conducted at least annually, but may propriate credentials and written notice of in- and inserting ‘‘(b) TRADE SECRETS; COMMERCIAL be’’. spection authority, enter property where a mari- OR FINANCIAL INFORMATION.—’’; RAINING OF BOARD EMPLOYEES AND OTH- (2) by inserting ‘‘submitted to the Board in the (b) T time accident has occurred or wreckage from the ERS.—Section 1115(d) of title 49, United States course of a Board investigation or study and’’ accident is located and do anything necessary Code, is amended— in subsection (b)(1) after ‘‘information’’ the first to gather evidence in support of a Board inves- (1) by striking ‘‘investigation.’’ and inserting place it appears; tigation, in accordance with such rules as the (3) by striking ‘‘title 18’’ in subsection (b)(1) ‘‘investigation, including investigation theory Board may prescribe.’’. and inserting ‘‘title 18, or commercial or finan- and techniques and transportation safety, to (2) CONFORMING AMENDMENTS.— (A) The heading for section 1132 of title 49, cial information,’’; advance Board safety recommendations.’’; (4) by striking ‘‘safety’’ in subsection (b)(1)(D) (2) by striking ‘‘training.’’ and inserting United States Code, is amended to read as fol- the first place it appears and inserting ‘‘safety, ‘‘training or who influence transportation safe- lows: including through the issuance of reports of ac- ty through support or adoption of Board safety ‘‘§ 1132. Civil aircraft and maritime accident cident investigation or safety studies and safety recommendations.’’; and investigations’’. recommendations,’’; (3) by striking ‘‘collections.’’ and inserting (B) The table of contents for chapter 11 of title (5) by inserting ‘‘subparagraphs (A) through ‘‘collections under the provisions of section 1118 49, United States Code, is amended by striking (C) of’’ after ‘‘under’’ in subsection (b)(2); of this chapter.’’. the item relating to section 1132 and inserting (c) ACCIDENT INVESTIGATION AUTHORITY.— (6) by adding at the end of subsection (b) the the following: Section 1131 of title 49, United States Code, is following: ‘‘1132. Civil aircraft and maritime accident in- ‘‘(4) Each person submitting to the Board amended— vestigations’’. trade secrets, commercial or financial informa- (1) by striking subsection (a)(1)(C) and insert- (e) INSPECTIONS AND AUTOPSIES.—Section 1134 tion, or information that could be classified as ing the following: ‘‘(C) a freight or passenger railroad accident of title 49, United States Code, is amended— controlled under the International Traffic in (1) by striking ‘‘officer or employee of the Na- Arms Regulations shall appropriately annotate in which there is a fatality (other than a fatal- ity involving a trespasser), substantial property tional Transportation Safety Board—’’ in sub- the information to indicate the restricted nature section (a) and inserting ‘‘officer, employee, or of the information in order to facilitate proper damage, or significant injury to the environ- ment;’’; designee of the National Transportation Safety handling of such materials by the Board.’’; Board in the conduct of any accident or inci- (7) by striking ‘‘shall’’ in paragraph(1)(A) of (2) by striking ‘‘and’’ after the semicolon in subsection (a)(1)(E); dent investigation or study—’’; subsection (f) and inserting ‘‘may’’; (2) by adding at the end of subsection (b)(1) (8) by striking ‘‘information’’ in paragraph (2) (3) by inserting ‘‘or incident’’ after ‘‘accident’’ the following: ‘‘The Board may download or of subsection (f) and inserting ‘‘information, or each place it appears in subsection (a)(1)(F); seize any recording device and recordings and other relevant information authorized for disclo- (4) by striking ‘‘chapter.’’ in subsection may require specific information only available sure under this chapter,’’; and (a)(1)(F) and inserting ‘‘chapter;’’; (9) by adding at the end thereof the following: (5) by adding at the end of subsection (a)(1) from the manufacturer to enable the Board to ‘‘(g) ONGOING BOARD INVESTIGATIONS.—(1) the following: read and interpret any flight parameter or navi- Notwithstanding any other provision of law, ‘‘(G) an accident or incident in response to an gation storage device or media on board the ac- neither the Board, nor any agency receiving in- international request and delegation under ap- cident aircraft. The provisions of section 1114(b) formation from the Board, may publicly disclose propriate international conventions, coordi- of this chapter shall apply to matters properly records related to an ongoing Board investiga- nated through the Department of State and ac- identified as trade secrets or commercial or fi- tion, and such records shall be exempt from dis- cepted by the Board; and nancial information.’’; and closure under section 552(b)(3) of title 5. Not- ‘‘(H) an incident or incidents significantly af- (3) by inserting after ‘‘component.’’ in sub- withstanding the preceding sentence, the Board fecting transportation safety, as defined by the section (c) the following: ‘‘The officer or em- may make public specific records relevant to the Board, under rules and in such detail as the ployee may download or seize any recording de- investigation, release of which in the Board’s Board may prescribe.’’; vice and recordings, and may require the pro- judgment is necessary to promote transportation (6) by striking ‘‘paragraph (1)(A)–(D) or (F)’’ duction of specific information only available safety— in subsection (a)(2)(A) and inserting ‘‘any of from the manufacturer to enable the Board to ‘‘(A) if the Board holds a public hearing on subparagraphs (A) through (F) of paragraph read and interpret any operational parameter or the accident or incident, at the time of the hear- (1)’’; navigation storage device or media on board the ing; (7) by inserting ‘‘or incident’’ after ‘‘accident’’ accident vehicle, vessel, or rolling stock. The ‘‘(B) if the Board does not hold a public hear- each place it appears in subsection (a)(3); provisions of section 1114(b) of this chapter shall ing, at the time the Board determines that sub- (8) by inserting ‘‘or relevant to’’ after ‘‘devel- apply to matters properly identified as trade se- stantial portions of the underlying factual re- oped about’’ in subsection (a)(3); crets or commercial or financial information.’’. ports on the accident or incident, and sup- (9) by inserting ‘‘AND INCIDENT’’ after ‘‘ACCI- SEC. 5. AVIATION PENALTIES AND FAMILY AS- porting evidence, will be placed in the public DENT’’ in the heading for subsection (e); and SISTANCE. docket; or (10) by inserting ‘‘and incident’’ in subsection (a) FAMILY ASSISTANCE IN COMMERCIAL AVIA- ‘‘(C) if the Board determines during an ongo- (e) after ‘‘each accident’’. TION ACCIDENTS.—Section 41113(b)(7) of title 49, ing investigation or study that circumstances (d) CIVIL AIRCRAFT AND MARITIME ACCIDENT United States Code, is amended by striking warrant disclosure of specific factual material INVESTIGATIONS.— ‘‘months.’’ and inserting ‘‘months and that, and that such material need be placed in the (1) IN GENERAL.—Section 1132 of title 49, prior to destruction of unclaimed possessions, a public docket to facilitate dialogue with other United States Code, is amended— reasonable attempt will be made to notify the agencies or instrumentalities, regulatory bodies, (A) by inserting ‘‘or have investigated’’ in family of each passenger within 60 days of any industry or industry groups, or Congress. subsection (a)(1) after ‘‘investigate’’; planned destruction date.’’. ‘‘(2) This subsection does not prevent the (B) by striking ‘‘aircraft;’’ in subsection (b) FAMILY ASSISTANCE IN COMMERCIAL AVIA- Board from referring at any time to evidence (a)(1)(A) and inserting ‘‘aircraft or a commercial TION ACCIDENTS INVOLVING FOREIGN CAR- from an ongoing investigation in making safety space launch vehicle;’’; and RIERS.—Section 41313(c)(7) of title 49, United recommendations. (C) by adding at the end the following: States Code, is amended by striking ‘‘accident.’’ ‘‘(3) In this subsection, the term ‘ongoing in- ‘‘(e) AUTHORITY OF BOARD REPRESENTATIVE.— and inserting ‘‘accident and that, prior to de- vestigation’ means that period beginning at the The Board may, with the consent of the Sec- struction of unclaimed possessions, a reasonable

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ACCIDENT-RELATED INFORMATION RE- ‘‘(3) RECORD.—The Board shall maintain an factual reports on the accident or incident, LEASE POLICY REPORT. annual record of collections received under and supporting evidence, will be placed in Within 180 days after the date of enactment of paragraph (2). the public docket; or this Act, the National Transportation Safety ‘‘(4) REFUNDS.—The Board may refund any ‘‘(C) if the Board determines during an on- Board shall submit to the Senate Committee on fee or advance paid by mistake or any going investigation or study that cir- Commerce, Science, and Transportation and the amount paid in excess of that required.’’. cumstances warrant disclosure of specific House of Representatives Committee on Trans- SEC. 3. TECHNICAL CORRECTIONS. factual material and that such material need portation and Infrastructure a report describing (a) DEFINITIONS.—Section 1101 of title 49, be placed in the public docket to facilitate the policies, procedures, and guidelines used by United States Code, is amended by striking dialogue with other agencies or instrumen- the Board in the expedited release of factual ac- ‘‘otherwise.’’ and inserting ‘‘otherwise, and talities, regulatory bodies, industry or indus- cident-related information to victims and their may include incidents not involving destruc- try groups, or Congress. families, Federal, State, and local accident in- tion or damage, but significantly affecting ‘‘(2) This subsection does not prevent the vestigators and agencies, private or third party transportation safety, as the Board may pre- Board from referring at any time to evidence investigation partners, the public, and other scribe or Congress may direct.’’. from an ongoing investigation in making safety recommendations. stakeholders. (b) GENERAL ORGANIZATION.—Section ‘‘(3) In this subsection, the term ‘ongoing 1111(d) of title 49, United States Code, is Mr. DODD. Mr. President, I ask unan- investigation’ means that period beginning amended by striking ‘‘absent’’ and inserting imous consent that the committee-re- at the time the Board is notified of an acci- ‘‘unavailable’’. ported substitute amendment be con- dent or incident and ending when the Board (c) ADMINISTRATIVE.—Section 1113 of title sidered; that a Dorgan-Rockefeller issues a final report or brief, or determines 49, United States Code, is amended— to close an investigation without issuing a amendment, which is at the desk, be (1) by inserting ‘‘or depositions’’ in para- agreed to; the substitute amendment, report or brief.’’. graph (a)(1) after ‘‘hearings’’; and (e) REPORTS AND STUDIES—Section 1116(b) as amended, be agreed to; the bill, as (2) by inserting ‘‘In the interest of trans- of title 49, United States Code, is amended— amended, be read a third time and portation safety, the Board shall have the (1) by striking ‘‘carry out’’ in paragraph (1) passed; an amendment to the title, authority by subpoena to summon witnesses and inserting ‘‘conduct’’; and which is at the desk, be agreed to; the and obtain any and all evidence relevant to (2) by striking paragraph (3) and inserting motions to reconsider be laid upon the an accident investigation conducted under the following: table, with no intervening action or de- this chapter.’’ after ‘‘(2)’’ in subsection (a)(2). ‘‘(3) prescribe requirements for persons re- (d) DISCLOSURE, AVAILABILITY, AND USE OF bate, and that any statements relating porting accidents and incidents that may be INFORMATION.—Section 1114 of title 49, investigated by the Board under this chap- to the bill be printed in the RECORD. United States Code, is amended— ter;’’. The PRESIDING OFFICER. Without (1) by striking the heading for subsection (f) DISCOVERY AND USE OF COCKPIT AND objection, it is so ordered. (b) and inserting ‘‘(b) TRADE SECRETS; COM- SURFACE VEHICLE RECORDINGS AND TRAN- The amendment (No. 4038) was agreed MERCIAL OR FINANCIAL INFORMATION.—’’; SCRIPTS.—Section 1154(a)(1)(A) of title 49, to. (2) by inserting ‘‘submitted to the Board in United States Code, is amended by striking (The amendment is printed in today’s the course of a Board investigation or study ‘‘and’’ and inserting ‘‘or’’. RECORD under ‘‘Text of Amendments.’’) and’’ in subsection (b)(1) after ‘‘information’’ SEC. 4. AUTHORITY OF THE BOARD. The committee amendment in the the first place it appears; (a) EVALUATION AND AUDIT.—Section 1138(a) (3) by striking ‘‘title 18’’ in subsection nature of a substitute, as amended, was of title 49, United States Code, is amended by (b)(1) and inserting ‘‘title 18, or commercial striking ‘‘conducted at least annually, but agreed to. or financial information,’’; may be’’. The bill (S. 2768), as amended, was or- (4) by striking ‘‘safety’’ in subsection (b) TRAINING OF BOARD EMPLOYEES AND dered to be engrossed for a third read- (b)(1)(D) the first place it appears and insert- OTHERS.—Section 1115(d) of title 49, United ing, was read the third time, and ing ‘‘safety, including through the issuance States Code, is amended— passed, as follows: of reports of accident investigation or safety (1) by striking ‘‘investigation.’’ and insert- studies and safety recommendations,’’; S. 2768 ing ‘‘investigation, including investigation (5) by inserting ‘‘subparagraphs (A) theory and techniques and transportation Be it enacted by the Senate and House of Rep- through (C) of’’ after ‘‘under’’ in subsection safety, to advance Board safety rec- resentatives of the United States of America in (b)(2); ommendations.’’; Congress assembled, (6) by adding at the end of subsection (b) (2) by striking ‘‘training.’’ and inserting SECTION 1. SHORT TITLE. the following: ‘‘training or who influence transportation This Act may be cited as the ‘‘National ‘‘(4) Each person submitting to the Board safety through support or adoption of Board Transportation Safety Board Reauthoriza- trade secrets, commercial or financial infor- safety recommendations.’’; and tion Act of 2010’’. mation, or information that could be classi- (3) by striking ‘‘collections.’’ and inserting SEC. 2. AUTHORIZATION OF APPROPRIATIONS. fied as controlled under the International ‘‘collections under the provisions of section (a) IN GENERAL.—Section 1118(a) of title 49, Traffic in Arms Regulations shall appro- 1118 of this chapter.’’. United States Code, is amended to read as priately annotate the information to indi- (c) ACCIDENT INVESTIGATION AUTHORITY.— follows: cate the restricted nature of the information Section 1131 of title 49, United States Code, ‘‘(a) IN GENERAL.—There are authorized to in order to facilitate proper handling of such is amended— be appropriated for the purposes of this chap- materials by the Board.’’; (1) by striking subsection (a)(1)(C) and in- ter $98,050,000 for fiscal year 2011 and (7) by striking ‘‘shall’’ in paragraph(1)(A) serting the following: $98,050,000 for fiscal year 2012. Such sums of subsection (f) and inserting ‘‘may’’; ‘‘(C) a freight or passenger railroad acci- shall remain available until expended.’’. (8) by striking ‘‘information’’ in paragraph dent in which there is a fatality (other than (b) FEES, REFUNDS, REIMBURSEMENTS, AND (2) of subsection (f) and inserting ‘‘informa- a fatality involving a trespasser), substantial ADVANCES.—Section 1118(c) of such title is tion, or other relevant information author- property damage, or significant injury to the amended to read as follows: ized for disclosure under this chapter,’’; and environment;’’; ‘‘(c) FEES, REFUNDS, REIMBURSEMENTS, AND (9) by adding at the end thereof the fol- (2) by striking ‘‘and’’ after the semicolon ADVANCES.— lowing: in subsection (a)(1)(E); ‘‘(1) IN GENERAL.—The Board may impose ‘‘(g) ONGOING BOARD INVESTIGATIONS.—(1) (3) by inserting ‘‘or incident’’ after ‘‘acci- and collect such fees, refunds, reimburse- Notwithstanding any other provision of law, dent’’ each place it appears in subsection ments, and advances as it determines to be neither the Board, nor any agency receiving (a)(1)(F); appropriate for activities, services, and fa- information from the Board, may publicly (4) by striking ‘‘chapter.’’ in subsection cilities provided by or through the Board. disclose records related to an ongoing Board (a)(1)(F) and inserting ‘‘chapter;’’; ‘‘(2) RECEIPTS CREDITED AS OFFSETTING COL- investigation, and such records shall be ex- (5) by adding at the end of subsection (a)(1) LECTIONS.—Notwithstanding section 3302 of empt from disclosure under section 552(b)(3) the following: title 31, any fee, refund, reimbursement, or of title 5. Notwithstanding the preceding ‘‘(G) an accident or incident in response to advance collected under this subsection— sentence, the Board may make public spe- an international request and delegation ‘‘(A) shall be credited as offsetting collec- cific records relevant to the investigation, under appropriate international conventions, tions to the account that finances the activi- release of which in the Board’s judgment is coordinated through the Department of ties, services, or facilities for which the fee, necessary to promote transportation safe- State and accepted by the Board; and refund, reimbursement, or advance is associ- ty— ‘‘(H) an incident or incidents significantly ated; ‘‘(A) if the Board holds a public hearing on affecting transportation safety, as defined by ‘‘(B) shall be available for expenditure only the accident or incident, at the time of the the Board, under rules and in such detail as to pay the costs of activities, services, or fa- hearing; the Board may prescribe.’’;

VerDate Mar 15 2010 02:51 May 14, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.040 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3766 CONGRESSIONAL RECORD — SENATE May 13, 2010 (6) by inserting ‘‘or incident’’ after ‘‘acci- (3) by inserting after ‘‘component.’’ in sub- or debate, and any statements related dent’’ each place it appears in subsection section (c) the following: ‘‘The officer or em- to the resolution be printed in the (a)(3); ployee may download or seize any recording RECORD. (7) by inserting ‘‘or relevant to’’ after ‘‘de- device and recordings, and may require the The PRESIDING OFFICER. Without veloped about’’ in subsection (a)(3); production of specific information only objection, it is so ordered. (8) by inserting ‘‘AND INCIDENT’’ after ‘‘AC- available from the manufacturer to enable The resolution (S. Res. 525) was CIDENT’’ in the heading for subsection (e); the Board to read and interpret any oper- and ational parameter or navigation storage de- agreed to. (9) by inserting ‘‘and incident’’ in sub- vice or media on board the accident vehicle, The preamble was agreed to. section (e) after ‘‘each accident’’. vessel, or rolling stock. The provisions of The resolution, with its preamble, (d) CIVIL AIRCRAFT AND MARITIME ACCIDENT section 1114(b) of this chapter shall apply to reads as follows: INVESTIGATIONS.— matters properly identified as trade secrets S. RES. 525 (1) IN GENERAL.—Section 1132 of title 49, or commercial or financial information.’’. Expressing sympathy to the families of United States Code, is amended— SEC. 5. AVIATION PENALTIES AND FAMILY AS- those killed in the sinking of the Republic of (A) by inserting ‘‘or have investigated’’ in SISTANCE. Korea Ship Cheonan, and solidarity with the subsection (a)(1) after ‘‘investigate’’; (a) FAMILY ASSISTANCE IN COMMERCIAL Republic of Korea in the aftermath of this (B) by striking ‘‘aircraft;’’ in subsection AVIATION ACCIDENTS.—Section 41113(b)(7) of tragic incident. (a)(1)(A) and inserting ‘‘aircraft or a com- title 49, United States Code, is amended by Whereas on March 26, 2010, the Republic of mercial space launch vehicle;’’; and striking ‘‘months.’’ and inserting ‘‘months Korea Ship (ROKS) Cheonan was sunk by an (C) by adding at the end the following: and that, prior to destruction of unclaimed external explosion in the vicinity of ‘‘(e) AUTHORITY OF BOARD REPRESENTA- possessions, a reasonable attempt will be Baengnyeong Island, Republic of Korea; TIVE.—The Board may, with the consent of made to notify the family of each passenger Whereas of the 104 members of the crew of the Secretary, delegate to the Department of within 60 days of any planned destruction the Republic of Korea Ship Cheonan, 46 were Transportation full authority to obtain the date.’’. killed in this incident, including 6 lost at facts of any aviation accident or incident the (b) FAMILY ASSISTANCE IN COMMERCIAL sea; Board shall investigate, and the on-scene AVIATION ACCIDENTS INVOLVING FOREIGN CAR- Whereas on April 25, 2010, the Government representative of the Secretary shall have RIERS.—Section 41313(c)(7) of title 49, United of the Republic of Korea commenced a five- the full authority of the Board to, on display States Code, is amended by striking ‘‘acci- day period of mourning for these 46 sailors; of appropriate credentials and written notice dent.’’ and inserting ‘‘accident and that, Whereas the Government of the Republic of inspection authority, enter property prior to destruction of unclaimed posses- of Korea continues to lead an international where an aviation accident has occurred or sions, a reasonable attempt will be made to investigation into the circumstances sur- wreckage from the accident is located and do notify the family of each passenger within 60 rounding the sinking of the Republic of anything necessary to gather evidence in days of any planned destruction date.’’. Korea Ship Cheonan; support of a Board investigation, in accord- Whereas the alliance between the United SEC. 6. ACCIDENT-RELATED INFORMATION RE- States and the Republic of Korea has been a ance with such rules as the Board may pre- LEASE POLICY REPORT. vital anchor for security and stability in scribe. Within 180 days after the date of enact- ‘‘(f) MARITIME ACCIDENT INVESTIGATIONS.— Asia for more than 50 years; and ment of this Act, the National Transpor- The Board may, with the consent of the Sec- Whereas the United States and the Repub- tation Safety Board shall submit to the Sen- retary of the department in which the Coast lic of Korea are bound together by the shared ate Committee on Commerce, Science, and Guard is operating, delegate to the Coast values of democracy and the rule of law: Transportation and the House of Representa- Guard full authority to obtain the facts of Now, therefore, be it tives Committee on Transportation and In- any maritime accident or incident the Board Resolved, That the Senate— frastructure a report describing the policies, shall investigate, and the on-scene represent- (1) expresses its sympathy and condolences procedures, and guidelines used by the Board ative of the Commandant of the Coast Guard to the families and loved ones of the sailors in the expedited release of factual accident- shall have the full authority of the Board to, of the Republic of Korea Ship (ROKS) related information to victims and their on display of appropriate credentials and Cheonan who were killed in action on March families, Federal, State, and local accident written notice of inspection authority, enter 26, 2010; investigators and agencies, private or third property where a maritime accident has oc- (2) stands in solidarity with the people and party investigation partners, the public, and curred or wreckage from the accident is lo- the Government of the Republic of Korea in other stakeholders. cated and do anything necessary to gather the aftermath of this tragic incident; evidence in support of a Board investigation, The amendment (No. 4039) was agreed (3) reaffirms its enduring commitment to in accordance with such rules as the Board to, as follows: the alliance between the Republic of Korea may prescribe.’’. and the United States and to the security of Amend the title so as to read ‘‘A Bill To the Republic of Korea; (2) CONFORMING AMENDMENTS.— amend title 49, United States Code, to au- (A) The heading for section 1132 of title 49, (4) urges the continuing full cooperation thorize appropriations for the National and assistance of the United States Govern- United States Code, is amended to read as Transportation Safety Board for fiscal years follows: ment in aiding the Government of the Re- 2011 and 2012, and for other purposes.’’ public of Korea as it investigates the cause ‘‘§ 1132. Civil aircraft and maritime accident f of the sinking of the Republic of Korea Ship investigations’’. Cheonan; (B) The table of contents for chapter 11 of EXPRESSING SYMPATHY TO AND (5) urges the international community to title 49, United States Code, is amended by SOLIDARITY WITH THE REPUB- provide all necessary support to the Republic striking the item relating to section 1132 and LIC OF KOREA of Korea as the Government of the Republic inserting the following: of Korea investigates the sinking of the Re- ‘‘1132. Civil aircraft and maritime accident Mr. DODD. Mr. President, I ask unan- public of Korea Ship Cheonan; and investigations’’. imous consent that the Senate proceed (6) further urges the international commu- (e) INSPECTIONS AND AUTOPSIES.—Section to the immediate consideration of S. nity to fully and faithfully implement all 1134 of title 49, United States Code, is amend- Res. 525, submitted earlier today. United Nations Security Council Resolutions ed— The PRESIDING OFFICER. The pertaining to security on the Korean Penin- (1) by striking ‘‘officer or employee of the clerk will report the resolution by sula, including United Nations Security National Transportation Safety Board—’’ in title. Council Resolution 1695 (2006), United Na- tions Security Council Resolution 1718 (2006), subsection (a) and inserting ‘‘officer, em- The assistant legislative clerk read ployee, or designee of the National Transpor- and United Nations Security Council Resolu- tation Safety Board in the conduct of any as follows: tion 1874 (2009). accident or incident investigation or A resolution (S. Res. 525) expressing sym- f study—’’; pathy to the families of those killed in the (2) by adding at the end of subsection (b)(1) sinking of the Republic of Korea Ship REMOVAL OF INJUNCTION OF SE- the following: ‘‘The Board may download or Cheonan, and solidarity with the Republic of CRECY—TREATY DOCUMENT NO. seize any recording device and recordings Korea in the aftermath of this tragic inci- 111–5 and may require specific information only dent. Mr. DODD. Mr. President, as in exec- available from the manufacturer to enable There being no objection, the Senate utive session, I ask unanimous consent the Board to read and interpret any flight proceeded to consider the resolution. that the injunction of secrecy be re- parameter or navigation storage device or Mr. DODD. Mr. President, I ask unan- media on board the accident aircraft. The moved from the following treaty trans- provisions of section 1114(b) of this chapter imous consent that the resolution be mitted to the Senate on May 13, 2010, shall apply to matters properly identified as agreed to, the preamble be agreed to, by the President of the United States: trade secrets or commercial or financial in- the motions to reconsider be laid upon Treaty with Russia on Measures for formation.’’; and the table, with no intervening action Further Reduction and Limitation of

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.041 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 13, 2010 CONGRESSIONAL RECORD — SENATE S3767 Strategic Offensive Arms (Treaty Doc- Treaty does not contain any con- NOMINATIONS ument No. 111–5.) straints on testing, development, or de- Executive nominations received by I further ask unanimous consent that ployment of current or planned U.S. the Senate: the treaty be considered as having been missile defense programs or current or UNITED STATES AGENCY FOR INTERNATIONAL read the first time; that it be referred, planned U.S. long-range conventional DEVELOPMENT with accompanying papers, to the Com- strike capabilities. MARK FEIERSTEIN, OF VIRGINIA, TO BE AN ASSISTANT mittee on Foreign Relations and or- The Treaty, upon its entry into force, ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE PAUL J. dered to be printed; and that the Presi- will supersede the Treaty Between the BONICELLI. dent’s message be printed in the United States of America and the Rus- EXPORT-IMPORT BANK OF THE UNITED STATES RECORD. sian Federation on Strategic Offensive OSVALDO LUIS GRATACS MUNET, OF PUERTO RICO, TO The PRESIDING OFFICER. Without Reductions, signed in Moscow on May BE INSPECTOR GENERAL, EXPORT-IMPORT BANK, VICE objection, it is so ordered. 24, 2002. MICHAEL W. TANKERSLEY, RESIGNED. The message of the President is as I urge the Senate to give early and IN THE COAST GUARD follows: favorable consideration to the Treaty, THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT AS PERMANENT COMMISSIONED REGULAR OFFI- To the Senate of the United States: including its Protocol, and to give its CERS IN THE UNITED STATES COAST GUARD IN THE With a view to receiving the advice advice and consent to ratification. GRADES INDICATED UNDER TITLE 14, U.S.C., SECTION 211: and consent of the Senate to ratifica- BARACK OBAMA, To be lieutenant commander tion, I transmit herewith the Treaty THE WHITE HOUSE, May 13, 2010. EMILY S. MCINTYRE between the United States of America f To be lieutenant and the Russian Federation on Meas- PETER M. EVONUK ures for the Further Reduction and APPOINTMENTS JUSTIN H. HARPER Limitation of Strategic Offensive SCOTT J. MCCANN The PRESIDING OFFICER. The IN THE AIR FORCE Arms, signed in Prague on April 8, 2010, Chair, on behalf of the majority and with Protocol. The Protocol is an inte- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT minority leaders of the Senate and the IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- gral part of the Treaty and contains Speaker and minority leader of the CATED UNDER TITLE 10, U.S.C., SECTION 624: three Annexes. I also transmit, for the House of Representatives, pursuant to To be brigadier general information of the Senate, the report Section 301 of Public Law 104–1, as COL. PAUL H. MCGILLICUDDY of the Department of State and three THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- amended by Public Law 108–349, and MENT TO THE GRADE INDICATED IN THE RESERVE OF unilateral statements associated with further amended by Public Law 111–114, THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): the Treaty. These unilateral state- announces the joint re-appointment of To be colonel ments are not legally binding and are the following individuals as members PASCAL UDEKWU not integral parts of the Treaty. The of the Board of Directors of the Office THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Department of State report includes a of Compliance: Barbara L. Camens of MENT TO THE GRADES INDICATED IN THE REGULAR AIR detailed article-by-article analysis of FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): the District of Columbia and Roberta To be lieutenant colonel the Treaty, as well as an analysis of L. Holzwarth of Illinois. the unilateral statements. MARK R. ANDERSON The Chair, on behalf of the Vice TIMOTHY P. DEVINE The Treaty will enhance the national President, pursuant to Public Law 93– HOWARD M. GUTHMANN II security of the United States. It man- TERRY A. HAAG 642, appoints the Senator from Alaska BRET E. LESUEUR dates mutual reductions and limita- (Mr. BEGICH) to be a member of the DERRICK B. WILLSEY tions on the world’s two largest nu- Harry S. Truman Scholarship Founda- To be major clear arsenals. The Treaty will pro- tion Board of Trustees, vice the Sen- PAUL F. AMPER mote transparency and predictability KAREN E.A. BOWMAN ator from Montana (Mr. BAUCUS). MARIE A. DANLEY in the strategic relationship between JEFFREY E. EERTMOED the United States and the Russian Fed- f MICHELLE S. FLORES IAN R. JOHNSON eration and will enable each Party to ORDERS FOR FRIDAY, MAY 14, 2010 PAMELA R. LECLAIRE verify that the other Party is com- RANDELL J. NETT Mr. DODD. Mr. President, I ask unan- BETH L. ROACH plying with its obligations through a imous consent that when the Senate CYNTHIA S. SHEN regime that includes on-site inspec- JONATHAN A. SOSNOV completes its business today, it ad- tions, notifications, a comprehensive IN THE ARMY journ until 9:30 a.m., tomorrow, Friday, and continuing exchange of data re- May 14; that following the prayer and THE FOLLOWING NAMED ARMY NATIONAL GUARD OF garding strategic offensive arms, and THE UNITED STATES OFFICERS FOR APPOINTMENT TO pledge, the Journal of proceedings be THE GRADE INDICATED IN THE RESERVE OF THE ARMY provisions for the use of national tech- approved to date, the morning hour be UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: nical means of verification. The Treaty deemed expired, the time for the two To be colonel further includes detailed procedures for leaders be reserved for their use later FRED M. CHESBRO the conversion or elimination of Trea- HUGH T. CORBETT in the day, and the Senate resume con- ty-accountable items, and provides for DONALD H. DELLINGER sideration of S. 3217, Wall Street re- WILLIAM C. FRENCH the exchange of certain telemetric in- LOREN S. FULLER form. formation on selected ballistic missile ANTHONY L. HALL The PRESIDING OFFICER. Without MICHAEL R. HILDRETH launches for increased transparency. MARK D. MCCORMACK Additionally, the Treaty creates a objection, it is so ordered. TIMOTHY S. PHEIL PAUL W. RAINWATER Bilateral Consultative Commission f LINDA L. SINGH DEREK J. TOLMAN that will meet regularly to promote ef- PROGRAM fective implementation of the Treaty THE FOLLOWING NAMED ARMY NATIONAL GUARD OF Mr. DODD. Mr. President, as pre- THE UNITED STATES OFFICERS FOR APPOINTMENT TO regime. This Commission will provide THE GRADE INDICATED IN THE RESERVE OF THE ARMY an important channel for communica- viously announced, there will be no UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: tion between the United States and the rollcall votes during Friday’s session of To be colonel Russian Federation regarding the Trea- the Senate. MONIQUE C. BIERWIRTH ROBERT A. HEDGEPETH ty’s implementation. f MARVIN T. HUNT The United States will continue to KENNETH L. MCCREARY maintain a strong nuclear deterrent ADJOURNMENT UNTIL 9:30 A.M. CHRISTOPHER W. RATCHFORD TOMORROW JOHN A. STASNEY under this Treaty, as validated by the DAVID E. WOOD Department of Defense through rig- Mr. DODD. If there is no further busi- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT orous analysis in the Nuclear Posture ness to come before the Senate, I ask TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Review. The Treaty preserves our abil- unanimous consent it adjourn under To be colonel ity to determine for ourselves the com- the previous order. position and structure of our strategic There being no objection, the Senate, CAROLYN A. WALTZ forces within the Treaty’s overall lim- at 8:16 p.m., adjourned until Friday, THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADES INDICATED IN THE UNITED its, and to modernize those forces. The May 14, 2010 at 9:30 a.m. STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531:

VerDate Mar 15 2010 04:30 May 14, 2010 Jkt 089060 PO 00000 Frm 00105 Fmt 4624 Sfmt 9801 E:\CR\FM\G13MY6.085 S13MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3768 CONGRESSIONAL RECORD — SENATE May 13, 2010 To be lieutenant colonel JAMES L. HANCOCK MARY E. B. MOSS KAREN J. HANNA KEVIN R. ONEIL DENNY S. HEWITT CARY E. HARRISON ROBERT J. ONEILL PATRICIA J. ROACH JOHN F. HAWLEY TRACY V. RIKER THOMAS P. WEIKERT DANIEL J. HEBERT ELIZABETH M. HOFMEISTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major TIM B. HOPKINS TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW D. GIOVANNI PETER M. JOHNSON ELIZABETH R. GUM STEVEN A. KEWISH To be captain KENNETH M. SIKORSKY RICHARD KNITTIG PATTIE M. VEDDER BARBARA E. KNOLLMANNRITSCHEL CATHERINE A. BAYNE JOHN D. WILSON CHRISTOPHER A. KURTZ CHERYL W. BLANZOLA LOUIS V. LAVOPA IRIS A. BOEHNKE IN THE NAVY BENJAMIN K. LEE JULIA E. BOND JOHN L. LYSZCZARZ PATRICIA M. BURNS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL F. MAHER PAULA Y. CHAMBERLAIN IN THE GRADE INDICATED IN THE UNITED STATES NAVY ELIZABETH A. MALEY LAURIE GENTENE UNDER TITLE 10, U.S.C., SECTION 531: PAUL D. MCADAMS BRADLEY J. HARTGERINK To be lieutenant commander MICHAEL B. MCGINNIS PENNY M. HEISLER PATRICIA L. MCKAY ALISA K. HODGES JOHN M. HOLMES MELANIE J. MERRICK LINDA J. A. HOUDE FERNANDO MORENO ANNA W. HURT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LISA P. MULLIGAN CYNTHIA R. JOYNER IN THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID P. MURPHY KIM M. LEBEL UNDER TITLE 10, U.S.C., SECTION 5589: JANET N. MYERS CATHERINE M. MACDONALD To be lieutenant commander AMY L. OBOYLE JOHN P. MAYE PHILIP M. OCONNELL KERRI S. PEGG LEONARD J. LONG MICHAEL G. PENNY TANYA M. PONDER TODD B. PETERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN S. PRUETTBAER STEVEN J. PORTOUW TO THE GRADE INDICATED IN THE UNITED STATES NAVY LAVENCION V. STARKS MATTHEW C. RINGS UNDER TITLE 10, U.S.C., SECTION 624: SUSAN A. STEINER PETER F. ROBERTS AMY M. TARBAY To be commander JASON J. ROSS MOISE WILLIS RICHARD J. SAVARINO, JR. JAMIE H. WISE ALEXANDER DAVILA JAY SCHEINER MARY A. YONK ASHLEY A. SCHROEDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC L. SCHWARTZMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTINE L. G. SEARS TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN T. SEARS UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander CRAIG D. SHEPPS AMANDA J. SIMSIMAN To be captain ANTONIO L. SCINICARIELLO GEORGE H. SMITH JOHN D. BRUGHELLI KEITH A. STUESSI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH W. EPPS EDWARD T. WATERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW C. ESCRIVA WILLIAM D. WATSON UNDER TITLE 10, U.S.C., SECTION 624: MARTIN F. FIELDS, JR. CHRISTOPHER WESTBROOK DIONISIO S. GAMBOA To be lieutenant commander WILLIAM M. WIKE MATTHEW J. GIBBONS TIMOTHY J. HARRINGTON CHRISTOPHER R. SWANSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD D. HEINZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES M. JOHNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES M. LOWTHER UNDER TITLE 10, U.S.C., SECTION 624: To be captain PAUL E. MARTIN KENNETH W. MCKINLEY To be lieutenant commander STEPHEN G. ALFANO JOSEPH D. NOBLE, JR. SOOK K. CHAI JOAN R. OLDMIXON DOMINICK E. FLOYD STEPHEN L. CHRISTOPHER TIMOTHY L. PHILLIPS WILLIAM E. DANDO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK R. PIMPO ELIZABETH B. GASKIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT A. REICHART JORGE A. GRAZIANI UNDER TITLE 10, U.S.C., SECTION 624: TIFFANY A. SCHAD SCOTT KOOISTRA DAVID A. SHEALY To be lieutenant commander SEAN C. MEEHAN KEITH E. SYKES ANTHONY J. OPILKA DERRIC T. TURNER JOSEPH A. NELLIS MARGARET K. OROURKE MICHAEL J. WILSON TIMOTHY B. TINKER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POLLY S. WOLF KEVIN R. TORSKE TO THE GRADE INDICATED IN THE UNITED STATES NAVY TERRY D. WEBB THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY RACHEL J. VELASCO-LIND UNDER TITLE 10, U.S.C., SECTION 624: To be captain THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain BILLY M. APPLETON TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER A. BLOW BRUCE H. BOYLE UNDER TITLE 10, U.S.C., SECTION 624: KEVIN R. BRADSHAW GARY W. CLORE To be captain DAVID T. CLONTZ ALAN M. HANSEN DONNA L. DAVISURGO J P. HEDGES, JR. JAMES R. PELTIER DEBRA L. DUNCAN MARK R. HENDRICKS ROBERT S. FRY WAYNE A. MACRAE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THINH V. HA MICHAEL A. MIKSTAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICHARD G. HAGERTY CARLOS B. ORTIZ UNDER TITLE 10, U.S.C., SECTION 624: ERIC R. HALL TIMOTHY L. OVERTURF To be captain RICHARD D. HAYDEN BRENT W. SCOTT ROY L. HENDERSON STEVEN P. UNGER JOSEPH C. AQUILINA KURT J. HOUSER MIL A. YI BRIAN K. AUGE BARBARA R. IDONE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN L. BASTIEN DONNA M. JEFCOAT TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARY F. BAVARO STEVEN M. JEFFS UNDER TITLE 10, U.S.C., SECTION 624: LYNN L. BEACH JOHN A. LAMBERTON LINDA J. BELTRA MARCUS S. LARKIN To be captain OCTAVIO A. BORGES CARLOS I. LEBRON WILLIAM C. BRUNNER RONALD R. MARTEL ERIC M. AABY JANIS R. CARLTON SHIRLEY A. MAXWELL JOSEPH F. ALLING CHRISTOPHER D. CLAGETT EDWARD C. NORTON, JR. KEITH E. AUTRY JOSEPH B. CLEM CORAZON D. ROGERS MARK K. EDELSON MICHAEL E. COMPEGGIE EDILBERTO M. SALENGA PATRICK A. GARIN CARL R. COWEN GEORGE B. SCHOELER CHERYL M. HANSEN THOMAS A. CRAIG JEOSALINA N. SERBAS JOHN A. KLIEM STEVEN D. CRONQUIST CAMERON L. WAGGONER CHRISTOPHER M. KURGAN MICHAEL H. DANENBERG LINDA D. YOUBERG RODNEY M. MOORE ANTHONY E. DELGADO BRUCE C. NEVEL MARK L. DICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GLENN A. SHEPHARD ROBERT J. DONOVAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY GEORGE N. SUTHER ALAN B. DOUGLASS UNDER TITLE 10, U.S.C., SECTION 624: MARK J. FLYNN To be captain IN THE MARINE CORPS STEVEN E. GABELE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- MICHELE L. GASPER JEFFREY A. FISCHER POINTMENT IN THE GRADE INDICATED IN THE UNITED LOUIS G. GILLERAN CHRISTOPHER C. FRENCH STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION JOHN GILSTAD ANDREW H. HENDERSON 531: WAYNE M. GLUF LAWRENCE D. HILL, JR. DANIEL L. GRAMINS ALBERT S. JANIN IV To be lieutenant colonel JOHN S. HAMMES ROBERT F. JOHNSON TONY S. HAN PAUL C. LEBLANC DAVID S. PHILLIPS

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OFFICER DANIEL FAULKNER CHIL- double exports over the next five years to sup- Community Theatre, leased the theater from DREN OF FALLEN HEROES port two million American jobs. Given the re- the City of San Diego and remodeled it for SCHOLARSHIP ACT gion’s innovative technology base and strong continued use. On December 2, 1937, the ren- international business community, Northern ovated Old Globe opened with a production of SPEECH OF Virginia especially stands to benefit from the John Van Druten’s ‘‘The Distaff Side.’’ In the HON. ALLYSON Y. SCHWARTZ NEI. cast was a young actor named Craig Noel. His Bode, which is located in Virginia’s 11th entrance was the beginning of a long and fruit- OF PENNSYLVANIA Congressional District, specializes in DNA col- ful relationship with the Old Globe. Craig IN THE HOUSE OF REPRESENTATIVES lection and analysis. It provides services to Noel’s presence as an actor, director, and ar- Wednesday, May 12, 2010 law enforcement agencies in all 50 states and tistic leader guided the theater’s growth Ms. SCHWARTZ. Madam Speaker, I strong- more than 30 countries worldwide. It also pro- through decades of artistic development and ly support the families of the brave men and vides critical assistance in identifying victims community outreach. The loyalty and dedica- women who fight every day to keep our com- of mass disasters and missing persons. In ad- tion with which he served San Diego and the munities safe and that is why I believe the Of- dition, Bode has been a partner in helping to Old Globe is unparalleled. ficer Daniel Faulkner Children of Fallen He- reduce human trafficking. Last year, the com- Sadly, on March 8, 1978, an arson fire de- roes Scholarship Act is such an important pany was awarded the Virginia Governor’s stroyed the Old Globe. I remember watching piece of legislation. Award for Excellence in International Trade by the news coverage with a heavy heart and Inspired by the heroic service of Philadel- Governor Tim Kaine. then rushing to view the actual destruction the phia Police Officer Daniel Faulkner, this legis- Madam Speaker, I ask my colleagues to join following day. I also vividly recall Craig Noel’s lation would offer financial assistance for high- me in congratulating Bode Technology Group passion and leadership to literally raise the er education to the children of police officers, on this honor and for its leadership on export theater from the ashes. Craig was pivotal in firefighters, and other first responders who activities. the reconstruction of the theater. He started a made the ultimate sacrifice in the line of duty. f fundraising campaign and the people of San Officer Faulkner’s own life was tragically cut IN RECOGNITION OF THE LIFE Diego donated more than $6 million dollars, short when he was murdered performing a AND LEGACY OF CRAIG NOEL which was a lot of money in those days given simple traffic stop. the economic conditions people were facing. Officer Faulkner is one example of the In 1982, the new Old Globe re-opened with a countless first responders who put themselves HON. SUSAN A. DAVIS production of Shakespeare’s ‘‘As You Like It.’’ OF CALIFORNIA into harm’s way every day. Tragically, since On Nov. 15, 2007, Craig Noel was awarded IN THE HOUSE OF REPRESENTATIVES 2006, seven police officers from my district the National Medal of Arts. This honor is the have died in the line of duty: Officer John Thursday, May 13, 2010 highest award given to artists and arts patrons Pawlowski, Officer Gary Skerski, Officer Mrs. DAVIS of California. Madam Speaker, by the United States Government, and is Chuck Cassidy, Officer Isabel Nazario, Ser- I rise today to recognize an icon in the theater awarded by the President to those who ‘‘are geant Patrick McDonald, Sergeant Tim Simp- community and a treasured member of the deserving of special recognition by reason of son and Officer Stephen Liczbinski. These San Diego family. On April 3, 2010, Craig their outstanding contributions to the excel- men and women selflessly risk everything so Noel, the Founding Director of the Old Globe lence, growth, support and availability of the the rest of us may live in peace and safety. Theatre, passed away after 94 full years of arts in the United States.’’ Craig Noel was This Act will help the children of fallen heroes life. truly deserving of this acknowledgement. His to be all they can be. It is yet another way for Craig Noel was a tenacious, witty, and nurturing spirit and supportive presence were us to honor their service and their sacrifice. warm-hearted man with a tireless commitment an inspiration to everyone with whom he This legislation is one way to meet our to the arts. San Diego is forever in debt to this worked. shared debt of gratitude to our police officers, talented man. He told a reporter in 2005, ‘‘I While we grieve the loss of Craig Noel, we firefighters, and other first responders, to their had a vision. I wanted to make San Diego a take comfort in the legacy he has left behind. families and to their children. theater town.’’ And that he did. You cannot walk the grounds of the Old Globe f Without Craig Noel, the San Diego arts without feeling and seeing his strong hand of community would not be the flourishing cre- influence. On May 24th, the Old Globe The- RECOGNIZING THE BODE TECH- ative environment it is today. In addition to his atre is holding a public memorial in his honor. NOLOGY, GROUP, INC. OF directorial and artistic contributions, Craig Noel At that time, the Globe’s lower courtyard will LORTON, VIRGINIA FOR RECEIV- was a World War II veteran. While serving in be renamed the Craig Noel Garden. I am con- ING THE PRESIDENT’S ‘‘E’’ the Army, he directed the Ernie Pyle Theater fident his legacy will live on for generations to AWARD for service members in Tokyo. come. When Craig returned to San Diego, his work f HON. GERALD E. CONNOLLY as Artistic Director took the Old Globe to IN RECOGNITION OF JOHN J. OF VIRGINIA heightened levels of excellence. During his FLYNN IN THE HOUSE OF REPRESENTATIVES distinguished seven decades with the theater, Craig Noel staged over 225 productions of all Thursday, May 13, 2010 styles and periods. These performances en- HON. RUSS CARNAHAN Mr. CONNOLLY of Virginia. Madam Speak- gaged and entertained theatergoers of all OF MISSOURI er, I rise today to recognize The Bode Tech- ages and backgrounds. IN THE HOUSE OF REPRESENTATIVES nology Group, Inc., of Lorton, Virginia. The The Old Globe is nestled within Balboa Thursday, May 13, 2010 Bode Technology Group received the Presi- Park, the nation’s largest urban cultural park. dent’s ‘‘E’’ Award today in recognition of its The theater itself is actually one of the oldest Mr. CARNAHAN. Madam Speaker, I rise to achievements in supporting export growth in nonprofit theaters in the country. Modeled congratulate retiring President of the Inter- the U.S. business community. The ‘‘E’’ Award after Shakespeare’s Old Globe in London, San national Union of Bricklayers and Allied is the highest honor the Federal Government Diego’s Old Globe was built in 1935 to present Craftworkers, John J. Flynn, for his lifetime of can give to a U.S. company or organization for abridged versions of Shakespeare’s plays dur- service to the St. Louis and International union exporting or facilitating export activity. ing the California Pacific International Expo- community. The recognition of Bode for this honor high- sition. As President, Flynn understood the priorities lights the importance of the President’s Na- After the exposition ended in 1937, a non- of the International Union and consistently tional Export Initiative (NEI), which aims to profit production corporation, the San Diego worked to support and improve employment,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.001 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E838 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 training and educational opportunities for BAC Training Council for the National League of women all face a high risk of contracting dis- contractors. Moreover he supervised the Inter- Cities. Mr. Ammerman finished his City Coun- eases. As the representative of a district that national Unions programs and ensured that all cil service in June of 2002. is home to large African American and Latino activities were in accordance with policies es- Mr. Ammerman’s commitment to community populations, as well as the largest Cambodian tablished by the International Unions conven- service is unyielding. He served as Philan- population in the country, I understand the tions and constitution. thropy Chair and active member of the Board crucial importance of improving public aware- For more than 60 years, Flynn used the dis- of Directors for the Orlando Regional ness about women’s health and the unique cipline and persistence that he learned during HealthCare Foundation. He is a trained volun- health challenges for minority women. his early years as a boxer to help him become teer with the Neo Natal Unit for 22 years at Thanks to the historic passage of health a true advocate for the members of the Inter- Arnold Palmer Hospital for Women and Chil- care reform, we have taken a giant step in the national Union of Bricklayers and Allied dren. He serves as a teacher at the First Pres- right direction for women’s health. All Ameri- Craftworkers and all workers. byterian Church. Additionally, Mr. Ammerman cans will have access to affordable, quality Although he has been honored with numer- is a member of the Florida Citrus Sports Asso- care and no longer will women be discrimi- ous awards for his service, no award can ac- ciation, the Greater Orlando Leadership Foun- nated against by insurance companies. We curately reflect the tremendous impact he has dation, a graduate of Leadership Orlando and owe it to all women in this country—now and had made on the union movement. I am Leadership Florida, as well as the Dr. Phillips in future generations—to continue this effort to pleased to congratulate John Flynn for his life- Foundation Grant Review committee. His increase awareness regarding women’s time of service and unwavering dedication to other involvements include past National Ad- health. the labor community. I wish John and his wife, missions Chairman/Society of Industrial & Of- I urge my colleagues to join me in sup- Joyce, the very best. fice Parks Realtors and past President of the porting H. Con. Res 268. f Central Florida Chapter of the National Asso- f ciation of Industrial/Office Parks (NAIOP). RECOGNIZING THE HONOREES OF HONORING THE CONTRIBUTIONS Madam Speaker, during Military Apprecia- OF MR. DON AMMERMAN THE 63RD ANNUAL ANNANDALE tion Month, it is my honor to recognize this re- CHAMBER OF COMMERCE markable public servant whose dedication to AWARDS BANQUET HON. ALAN GRAYSON our country and community can be shown OF FLORIDA through his great achievements in the State of HON. GERALD E. CONNOLLY IN THE HOUSE OF REPRESENTATIVES Florida. Commissioner Ammerman has been OF VIRGINIA working for the people of Florida since 1972 Thursday, May 13, 2010 IN THE HOUSE OF REPRESENTATIVES and I applaud his civic and military accom- Mr. GRAYSON. Madam Speaker, I rise plishments in our central Florida community, Thursday, May 13, 2010 today in honor of National Military Appreciation our great State and our Nation. Mr. CONNOLLY of Virginia. Madam Speak- Month. This month, I would like to recognize f er, I rise today to recognize the honorees of a phenomenal service member from central the 63rd Annual Annandale Chamber of Com- Florida who is making a distinguished con- NATIONAL WOMEN’S HEALTH merce Awards Banquet. tribution to my district, the great State of Flor- WEEK The Annandale Chamber of Commerce is a ida, and to our Nation as a whole. Today, I thriving volunteer organization with more than SPEECH OF honor former Orlando City Council Commis- 200 active members. The members represent sioner Don Ammerman. HON. LAURA RICHARDSON businesses, industries and professionals who Mr. Ammerman graduated from Indiana Uni- OF CALIFORNIA work together to maintain a favorable business versity with a BS in Real Estate & Marketing IN THE HOUSE OF REPRESENTATIVES climate while improving the quality of life for all and an MBA in Real Estate Marketing/Fi- Tuesday, May 11, 2010 residents. nance. He is a recipient of two Ford Founda- Each year, the Annandale Chamber of tion Grants for overseas study while in grad- Ms. RICHARDSON. Mr. Speaker, I rise Commerce honors a few select individuals uate school. He also completed the John F. today as a cosponsor of H. Con. Res. 268, who have distinguished themselves as Kennedy School of Government for senior Ex- which supports the goals and ideals of Na- exemplars of the community. It is my honor to ecutives in State and Local Government at tional Women’s Health Week and requests recognize these fine recipients and the con- Harvard University. that the President of the United States issue tributions that they have made to the commu- Mr. Don Ammerman began his military ca- a proclamation calling upon the people of the nity: reer in 1968 at Fort Jackson in South Carolina United States and interested groups to ob- Student Achievement Award for Falls and from there served with the 83rd ARCOM serve National Women’s Health Week with ap- Church High School: Dennis Nolasco. Dennis in Columbus, Ohio. He completed his service propriate ceremonies and activities. This is an is a marketing student who was instrumental in the reserves in Orlando in 1974. He was important measure that will increase public in the development and promotion of the hand selected by the U.S. Navy Academy to awareness of the critical issue of women’s School’s Jaguar Joe Coffee Project. Dennis serve as a Blue and Gold Admissions officer health. has an outstanding work ethic and serves as at Annapolis. His dedication to our country I thank Chairman TOWNS for his leadership an effective role model to his peers. After and our military is shown through his volun- in bringing this bill to the floor. I would also graduation from Falls Church High School, teering spirit. Mr. Ammerman continues to like to thank the sponsor of this legislation, Dennis plans to major in finance or business mentor hopeful academy members by offering Congressman HINCHEY, for his dedication to administration at George Mason University. young adults with aspirations of attending an ensuring that women’s health is a national pri- Student Achievement Award for Annandale academy his guidance and support. Currently, ority. High School: Emma Dorothy Whitmyre. Emma Mr. Ammerman serves as a board member for Mr. Speaker, it is important that our nation is an International Baccalaureate Diploma can- the 8th District Veterans Advisory Board and adopt a heightened focus on the issue of didate and has served as president of both the Military Academy Nominations Board. women’s health. Women of all backgrounds National Honor Society and the Jewish Culture Mr. Ammerman has contributed greatly to should be encouraged to reduce their risk of Club. Emma has a strong commitment to so- the central Florida community. He has served common diseases through preventative meas- cial action. She volunteers at a homeless shel- on the municipal Planning Board (1983–1989, ures, such as engaging in regular exercise, ter, tutors, and runs a winter coat drive for 2 terms as Chairman), Chairman of the Or- eating a nutritious diet, and visiting a those who are less fortunate. This fall, Emma lando Growth Management/Concurrency Im- healthcare specialist to receive regular check- will be attending New York University where plementation Committee and Chairman of the ups and preventative screenings. These she plans on majoring in anthropology or psy- 1991 Orlando Redistricting Committee. Mr. healthy habits begin at a young age and so chology. Ammerman successfully ran for the office of we must stress the importance of preventative Student Achievement Award for Northern District 1 City Commissioner. Mr. Ammerman health measures to children in homes and Virginia Community College: Jacquelyn also served as a Board Member of the Great- schools across the country. Shanahan. Jackie, as she is known by her er Orlando Aviation Authority and he is a past Unfortunately, there is a high prevalence of friends and family, has nobly served our na- member and Chairman of the Sunshine State disease and health complications among mi- tion in the United States Marine Corps. She Governmental Finance Commission for 20 nority women. African-American women, recently received the Liberal Arts Division aca- years. Nationally, he served on the Leadership Asian-American women, and American Indian demic award and has completed the Honors

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.002 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E839 Curriculum at NOVA with a GPA of 4.0. Jackie workshops, and she had become director of women would become automatically eligible has served as president of the Honors Com- the Yates Baptist Literacy program that same for the maximum Pell Grant amount. This ben- munity Annandale Honors Club and as a chair year. efit already exists for the children of military for the Relay for Life. Jackie has been accept- The creation of the Durham County Literacy service members who are killed in action. ed into the Marymount University Honors Pro- Council in May of 1985 was a direct result of This legislation is aimed at ensuring we do gram and plans to major in English. Mrs. Paul’s efforts to spread adult literacy in- right by police officers, firefighters and other Citizen of the Year Award: Irv Denton. Irv struction and increase the number of literate first responders who put their own lives at risk has dedicated his time and efforts to the resi- adults throughout Durham County. This Coun- everyday to keep us safe. Making a college dents of Annandale for many years, having cil later became the Durham Literacy Center. education more accessible to the children of served on the boards of the Annandale Cen- The Durham Literacy Center targets the pro- these fallen heroes is an important expression tral Business Planning Committee and the An- vision of its services to those most in need: of our Nation’s gratitude. This legislation is a nandale Chamber of Commerce. After his dis- adults who lack basic literacy skills, recent im- justified price for our Nation to pay to ensure tinguished career in the U.S. Air Force, he fo- migrants, and out-of-school teenagers. Since that those serving on the front lines in our cused his energies in the field of education its inception, a small but dedicated staff has communities know that a higher education will and taught classes at the Northern Virginia trained more than 2,000 literacy tutors who be within their children’s reach should the un- Community College. His commitment to our have served more than 12,000 Durham resi- thinkable happen. I urge all of my colleagues country, our community and our future is an dents. The Center currently serves more than to support this important legislation and yield inspiration to us all. 550 adults per year at seven locations in Dur- back the remainder of my time. Firefighter of the Year Award: Apparatus ham. f Technician John Lockhart. John has given Growing along with Durham, the Center has more than 25 years of service to the residents evolved from a small organization to a pivotal RECOGNIZING THE 50TH ANNIVER- of Fairfax County, including 14 at the Annan- provider of a variety of educational services. In SARY OF THE ‘‘SHOOTERS’’ OF dale Station. John also serves as a tremen- addition to instruction in reading and writing, TRAINING SQUADRON SIX dous community resource, instructing the the Center helps individuals gain educational younger firefighters in the safe usage of the credentials (such as a GED) and provides in- HON. JEFF MILLER equipment, and helping to ensure that Annan- struction in workplace, computer, financial, OF FLORIDA dale residents will continue to receive the and health literacy. IN THE HOUSE OF REPRESENTATIVES highest quality rescue care into the future. The impact of the Center on the lives of its Thursday, May 13, 2010 graduates is Mrs. Paul’s most compelling leg- Police Officer of the Year Award: Detective Mr. MILLER of Florida. Madam Speaker, it acy. For starters, graduates earn an average Horace Lawalt. Horace has served the resi- is with great pleasure I rise to recognize the of $7,500 more per year than their counter- dents of Fairfax County for more than 11 50th anniversary of the Shooters of Training parts who lack a GED or are not proficient in years, including 5 years at the Mason District Squadron SIX. Through times of war and English. But in addition to securing better em- Station. As a detective in the Criminal Inves- through times of peace, Training Squadron ployment because of the skills they learn at tigation Section, he has helped keep the com- SIX has served our country with great distinc- the Durham Literacy Center, they also go on munity safe from burglaries, robberies and tion and valor. For that reason, I am proud to to receive promotions, purchase homes, im- grand larcenies. Despite having one of the recognize the Shooters of Training Squadron prove their health, and enjoy a better quality of lowest per capita police forces, Fairfax County SIX for their exceptional training and excellent life. enjoys one of the lowest crime rates of any ju- performance over the last 50 years. risdiction its size due to the exceptional work Over the years, the Durham Literacy Center Training Squadron SIX has picked up the and dedication of Horace and his fellow offi- has become one of Durham’s greatest assets, torch lit by their predecessors on May 1, 1960, cers. and the organization’s achievements have and continued the legacy of producing the Madam Speaker, I ask that my colleagues much to do with the foresight and dream of best combat aviators the world has ever seen. join me in recognizing Dennis, Emma, Jac- Mary Whaley Paul and those who followed On that day, Training Squadron SIX was com- quelyn, Irv, John and Horace, the honorees of her. Mrs. Paul helped to illuminate a hidden missioned with the task of providing primary the 2010 Annandale Chamber of Commerce segment of the Research Triangle populace— flight training to a younger generation of stu- Awards Banquet, and thanking them for their the non-reader—and has been instrumental in dent naval aviators. Since being commis- service to our community. Each honoree is a alleviating the severe economic and social sioned, more than 15,000 students have been role model for his or her peers and an invalu- stigma under which they struggle. She also trained and in excess of 1.1 million flight hours able member of our community. has been a beacon of hope and inspiration for performed. f thousands to volunteer and make a difference Madam Speaker, on behalf of the United in the Durham community. RECOGNIZING THE 25TH ANNIVER- States Congress, I am privileged to recognize It is in that spirit that I urge my colleagues Training Squadron SIX for going above and SARY OF THE DURHAM LIT- to join me in celebrating the 25th anniversary ERACY CENTER AND HONORING beyond the call of duty on their 50th anniver- of the Durham Literacy Center and in honoring sary. To this day, Training Squadron SIX con- ITS FOUNDER, MRS. MARY Mrs. Mary Whaley Paul for her efforts to em- WHALEY PAUL tinues to provide the highest quality training to power the people of Durham County through student aviators from the Navy, Marine Corps, literacy. Coast Guard and several Allied Forces. HON. DAVID E. PRICE f f OF NORTH CAROLINA OFFICER DANIEL FAULKNER CHIL- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE CAREER OF MR. DREN OF FALLEN HEROES ROBERT WYDRA Thursday, May 13, 2010 SCHOLARSHIP ACT Mr. PRICE of North Carolina. Madam HON. JERRY F. COSTELLO Speaker, I rise today to acknowledge the SPEECH OF OF ILLINOIS twenty-fifth anniversary of the Durham Literacy HON. TODD RUSSELL PLATTS IN THE HOUSE OF REPRESENTATIVES Center and to honor its founder (and my con- OF PENNSYLVANIA Thursday, May 13, 2010 stituent), Mrs. Mary Whaley Paul. Mrs. Paul IN THE HOUSE OF REPRESENTATIVES has led a remarkable life and, along the way, Mr. COSTELLO. Madam Speaker, I rise she managed to spearhead the campaign Wednesday, May 12, 2010 today to ask my colleagues to join me in rec- against illiteracy in Durham, North Carolina. Mr. PLATTS. Madam Speaker, I rise today ognizing the distinguished career and regional Like so many people who achieve great in support of H.R. 959, the Children of Fallen contributions of Mr. Robert, Bob, Wydra, Exec- things, Mrs. Paul didn’t set out to become a lit- Heroes Scholarship Act, which provides finan- utive Director of the Tri-City Regional Port Dis- eracy advocate. In 1975, she was a widowed cial assistance for higher education to the chil- trict. mother of two nearing retirement age. But she dren of police officers, firefighters, and other Bob Wydra has been with the Tri-City Re- attended a workshop on teaching literacy skills first responders who made the ultimate sac- gional Port District since 1982. Under his lead- to illiterate adults, and the course of her life rifice in the line of duty. Representative Patrick ership, the Port—which includes the former was forever changed. By 1978, Mrs. Paul had Murphy and I introduced this legislation so that Melvin Price Army Depot—has been an eco- begun leading her own literacy-instruction a child of one of these fallen service men and nomic engine for Southwestern Illinois and is

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.003 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E840 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 developing into a true intermodal transpor- As the saying goes, nurses are our ‘‘angels time for public education. Despite dwindling tation facility. Prior to coming to the Port Dis- in comfortable shoes.’’ From the days of the state and local revenue sources and the se- trict, he was Director of Planning for South- first ‘‘Lady with the Lamp,’’ Florence Nightin- vere economic downturn in Southeast Michi- western Illinois Planning Commission for 15 gale, their selflessness, their dedication to gan, Steve made the best of shrinking re- years. Bob also spent 2 years with his wife, their patients, and their deep reservoirs of sources and pressed forward with important Kay, in India and Israel in Economic Develop- compassion have helped illuminate the path to and innovative projects. Steve’s vision and ment work as American Peace Corps volun- healing for millions of Americans. dedication led to the creation of multiple Inter- teers. Anyone who has suffered from a serious ail- national Baccalaureate programs, an in- Bob has a Master’s of Science Degree in ment or injury—I myself am a survivor of ovar- creased use of innovative technology in the Community Development and Regional Plan- ian cancer—knows how important good nurs- classroom, improved professional develop- ning from Southern Illinois University— ing is for restoring one’s health. Nurses are ment for teachers and administrators, and Edwardsville. He also has a Bachelor of Arts both the frontlines and the glue of our health overall academic achievement by putting stu- Degree in History and Education from SIU–E. care system, and their commitment, caring, dents first. He has been recognized for his un- Bob is very active in numerous professional and sacrifice goes unrecognized far too often. wavering focus on securing the future of the organizations. He is a member of the National I am particularly proud that we have hon- schools with boundless energy, good humor Association of Foreign Trade Zones, St. Louis ored nurses this year not only in word, but in and strong leadership. World Trade Center, Inland Rivers, Ports and deed—by passing comprehensive health re- Through these busy years, Steve remained Terminals, Illinois Development Council, forms which allow them, doctors, and other active in key community organizations includ- Southwestern Madison County Chamber of health care professionals to do what they do ing the Oakland County Superintendents’ As- Commerce, Water Resource Congress, Amer- best—help people to heal—without the con- sociation, the North Central Association state ican Association of Port Authorities, St. Louis tinual interference of the insurance industry. committee, where he received an award for in- Regional Commerce and Growth Association, I am also glad we made strong commit- structional leadership and school improve- Military Affairs Committee of the Leadership ments in this health care legislation through ment, and as a founding member of the Council, St. Louis World Affairs Council, grants, loan forgiveness, and other key pro- Learning Achievement Coalition, a project fo- Southwestern Illinois Planning Commission grams to encourage more young men and cused on eliminating achievement gaps Executive Committee, and Traffic Club of St. women to take up a career in nursing, and to among children. Moreover,. he pioneered im- Louis. Bob is a Past President of the Illinois give today’s nurses more freedom and oppor- portant partnerships including one with the Association of Port Districts, board member of tunities to ply their craft where they are des- municipalities of Bloomfield Hills and Bloom- the Southwestern Illinois Leadership Council perately needed. field Township to preserve historical assets. and member of US MARAD’s Maritime Sys- In my home state of Connecticut, we are With other Oakland Schools and the Oakland tem of the Americas Advisory Committee, short more than 11,000 registered nurses this Intermediate School District, Steve pooled among other committee positions. year. By 2020, that number is projected to funds to rebuild Wing Lake Development Cen- In addition to his professional affiliations, double, leaving the state with fewer than half ter to a $10 million state-of-the-art educational Bob has also found time to help with various the nurses it needs. In the face of a rising facility for our most challenged students in community activities. He has been an active senior population, supporting our nation’s Oakland County. fundraiser for the United Way Tree of Lights nurses becomes especially critical, and I am Madam Speaker, as parents of Bloomfield Campaign and was Chairman for the Salvation glad we have done right by them in the health Hills Schools students, my wife Colleen and I Army for 2 years. care bill. are pleased to call Steve a much admired and Bob Wydra has received the St. Louis Com- To the nurses of Connecticut and all across appreciated friend. Undoubtedly, we join the merce and Growth Association’s ‘‘Sold on St. the country, I applaud you for your service. scores of children and families whose lives Louis’’ Award for promoting the St. Louis area And I encourage my colleagues to express have been touched by Steve’s hard work, in the world economy. In 2002, he received their support for our nurses—in both word and dedication and caring. I ask my colleagues to the ‘‘Salute from Southwestern Illinois’’ Award deed—this week, and in the months and years join me today as I honor Dr. Steve Gaynor for from the Leadership Council. The Port re- to come. his lifetime commitment to bettering the lives ceived the ‘‘Outstanding Development of the of children through education, on the occasion Year’’ Award in 2002 from the Southwestern f of his retirement from Bloomfield Hills Schools. Illinois Development Authority and, also in RECOGNIZING DR. STEVE 2002, the ‘‘Marketing Award for Excellence’’ GAYNOR’S DECADES OF SERVICE f from the National Association of Developers. TO OUR COMMUNITY AS A LEAD- A TRIBUTE TO DART CONTAINER Bob received the ‘‘Art of Business Leadership’’ ER IN EDUCATION CORPORATION Award from the Southwestern Madison County Chamber of Commerce in 2005. HON. GARY C. PETERS HON. BRETT GUTHRIE Bob has been married to Kay Lee Wydra for OF MICHIGAN OF KENTUCKY 45 years and they have two children: Nicole IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES who lives in Glen Carbon, Illinois, with her husband, Kurt, and their two children, Trey Thursday, May 13, 2010 Thursday, May 13, 2010 and Caitlyn; and a son, Paul who lives in the Mr. PETERS. Madam Speaker, I rise today Mr. GUTHRIE. Madam Speaker, I rise today Nashville, Tennessee, area. to recognize Dr. Steven Gaynor, the distin- to honor Dart Container Corporation and its Madam Speaker, I ask my colleagues to join guished Superintendent of the Bloomfield Hills Horse Cave plant located in the Common- me in an expression of appreciation to Mr. School District, on the occasion of his retire- wealth of Kentucky. This past April, Dart Con- Robert Wydra for his many contributions to the ment after nearly 35 years of service to count- tainer Corporation, headquartered in Mason, Southwestern Illinois and Metropolitan St. less families and children of Southeast Michi- Michigan, celebrated its 50th Anniversary. Louis regions and to wish him and his family gan through his work as an educator, adminis- The company established a plant in Horse the very best in the future. trator and leader. Cave, Ky., in 1980, and has been delivering f Almost 35 years ago, Dr. Gaynor embarked quality goods ever since. Dart Container Cor- RECOGNIZING NATIONAL NURSES’ upon a career in education that would span poration’s Horse Cave facility is currently the WEEK the geography of Southeast Michigan and the largest employer in Hart County and continues broad breadth of service in education. Steve to expand. SPEECH OF began his career in 1975 as a social studies The plant started 30 years ago with 25 em- HON. ROSA L. DeLAURO teacher and special education teacher consult- ployees and had a 230,000 square foot facil- ant. He served the communities of Livonia, ity. Today, it has grown to employ 1,090 indi- OF CONNECTICUT Madison Heights, Walled Lake, Davisburg, viduals and now covers almost 3 million IN THE HOUSE OF REPRESENTATIVES Holly and Royal Oak before becoming the su- square feet. Wednesday, May 12, 2010 perintendent of Bloomfield Schools where, for The Dart Container Corporation and its Ms. DELAURO. Madam Speaker, in recogni- the past 8 years, he has served the families Horse Cave facility have a long history of tion of National Nurses’ Week, I rise to say a and community of Bloomfield Hills. community involvement, including participating few words in honor of these indispensable and Steve’s tenure at Bloomfield Hills Schools in Hart County’s Relay for Life and the Horse often overlooked public servants. was during a most tumultuous and challenging Cave Heritage Festival. Over the years the

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.005 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E841 company has sponsored local sports and HONORING THE SERVICE OF This is not the first time Dick has been rec- school activities, 4-H programs, Clothes for ALFRED P. GERHARDT, JR. ognized for his exemplary citizenship. In addi- Kids, the YMCA, American Heart Association, tion to his awards for serving honorably in the Big Brothers/Big Sisters, the Hart County Pub- HON. JIM GERLACH Air Force, he has been grand marshal of sev- lic Library, the Kentucky Repertory Theatre, OF PENNSYLVANIA eral other parades and is one of the few hon- the American Cave Museum and Hidden River IN THE HOUSE OF REPRESENTATIVES orary members of the Pearl Harbor Survivors’ Cave. Thursday, May 13, 2010 Club of NJ. Last year, Park Ridge Mayor Don- ald Ruschman recognized Dick’s years of pub- The entire Hart County community is grate- Mr. GERLACH. Madam Speaker, I rise ful for Dart’s continued presence, support, and lic service alongside other civic, educational, today to honor Alfred P. Gerhardt, Jr., as his and religious leaders from the borough. I join generosity. one-year term as Eastern Vice Commander of Mayor Ruschman, the boroughs of Montvale, I ask my colleagues to join me in honoring the Pennsylvania Department of the American Park Ridge, and Woodcliff Lake, and count- the employees of Dart Container Corporation. Legion draws to a close. less others in thanking Dick Bozzone for his Vice Commander Gerhardt has served with I am proud to represent them here in Wash- ongoing service to this country and commend honor and demonstrated tremendous leader- ington and look forward to their continued suc- him for leading an exemplary public life. Dick ship for the approximately 50,000 veterans re- cess. is a man our sons and daughters can look up siding in the Legion’s Eastern District. He ex- to, and an individual our community can de- emplified the Legion’s core principle of contin- f pend on. Our brave servicemen and women ued devotion to fellow service members and are the embodiment of the American ideals, veterans with his efforts in coordinating the IN HONOR OF THE RETIREMENT and it is an honor to represent such individ- distribution of Christmas gifts to veterans in OF BREWSTER FIRE CHIEF ROY uals as Dick Bozzone in Congress. JONES the Coatesville and Philadelphia Veterans Ad- ministration Hospitals. f Friends, supporters and fellow Legionnaires NATIONAL WOMEN’S HEALTH HON. BILL DELAHUNT will thank Commander Gerhardt for his service WEEK during a testimonial dinner on Saturday May OF MASSACHUSETTS 15, 2010 at the Honey Brook Fire Company. SPEECH OF IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I ask that my colleagues ´ join me today in recognizing the outstanding HON. LINDA T. SANCHEZ Thursday, May 13, 2010 service and exemplary leadership that Alfred OF CALIFORNIA P. Gerhardt, Jr., has provided to veterans and IN THE HOUSE OF REPRESENTATIVES Mr. DELAHUNT. Madam Speaker, I rise be- service members as Eastern Vice Commander Tuesday, May 11, 2010 fore you today to honor the retirement of a of the Pennsylvania Department of the Amer- Ms. LINDA T. SA´ NCHEZ of California. Mr. distinguished member of the Brewster Fire De- ican Legion and in offering our heartiest con- Speaker, I rise today in honor of mothers, sis- partment, Chief Roy Jones. For 37 years, Roy gratulations on the successful completion of ters, daughters, and friends across America. has selflessly served the people of Brewster his one-year term. This Sunday, as I celebrated my first Moth- and Cape Cod as a member of the Fire De- f partment, and spent an impressive 29 years er’s Day as a mom, I was reminded of the im- as Fire Chief. RECOGNIZING DICK BOZZONE, portance of a healthy family. USAF (RET.) As moms, we set a foundation for our fami- The heroism and bravado of fire-fighters in- lies—whether it is putting on the sunscreen or spire many children to dream of one day don- scheduling check-ups—we set the example for ning their own bright yellow fire-suit and HON. SCOTT GARRETT OF NEW JERSEY our children. grasping a fire hose in their hands as they IN THE HOUSE OF REPRESENTATIVES One reason I worked so hard to pass the storm a building engulfed by flames. Like Affordable Care Act is to empower moms and Thursday, May 13, 2010 countless children before him, Roy, too, was their children. enraptured by the blaring sirens and towering Mr. GARRETT of New Jersey. Madam Thanks to the healthcare reform law, ladders introduced to him at his first firehouse Speaker, I rise today with the honor of recog- women will no longer be excluded from insur- visit. By the age of 18, he served as a volun- nizing Dick Bozzone, a veteran of the United ance for pre-existing conditions, pay higher teer firefighter in the towns of Harwich and States Air Force and former commander of the premiums than men, or forced to pay sky- Eastham on Cape Cod. Nothing could tear American Legion Cpl. Jedh C. Baker Memorial rocketing out-of-pocket costs for basic health him from his passion—he even lived and Post 153. Dick has been recognized for his services like preventive screenings and mater- worked in a firehouse during his college years service to his country and community by being nity coverage. in Maryland. named the Grand Marshal of the Tri-Boro Me- As a working mom, I know how easy it is to With his youth interrupted by the war in morial Day Parade in Montvale, Park Ridge, put our own health on the back burner behind Vietnam, Roy took his fire-fighting expertise— and Woodcliff Lake, NJ. During my time rep- work, family, or school. and the invaluable life skills attributed to the resenting these boroughs, I have had the op- Mother’s Day marked the beginning of Na- diligence that only a life-long firefighter pos- portunity to get to know Dick, and consider tional Women’s Health Week, a time to en- sesses—to the U.S. Air Force. Following his him well-deserving of this accolade. courage women to make their health a top pri- Since retiring from the Air Force, Dick has laudable service, which brought him far from ority and recommit to improving the health of remained an active supporter of our nation’s the dunes of Cape Cod to the exotic South women for generations to come. servicemen and servicewomen. In addition to Pacific, he returned home to Massachusetts, Women’s health is not just a women’s issue. his years as the American Legion Post Com- where he founded the first rescue squad in the When we have healthy moms, we encourage mander, Dick also served as the President of town of Brewster. the vitality of our children and our commu- the Chorwon Chapter of the Korean War Vet- nities. From volunteer to captain to chief, Roy erans Association. This past year, Dick and f Jones lived his childhood dream each day, his fellow Legionnaires erected a monument leaving behind an impressive resume and memorializing those who lost their lives in the AMERICA COMPETES hundreds of lives and memories saved. Now, Fort Hood Massacre. Dick has proven to be REAUTHORIZATION ACT OF 2010 Roy had folded his ’bunker gear’ for the final an effective advocate for veterans and active- time, laying to rest not only years of fire- duty members of the military, and has also SPEECH OF fighting experience, but of tremendous and ad- educated the public on proper respect for the HON. DAVID WU mirable leadership. As he acclimates himself U.S. Flag. Dick has been active in his commu- OF OREGON to a new life of retirement and—if he allows nity, our state, and our nation. He has run for IN THE HOUSE OF REPRESENTATIVES himself to slow down—a life of unprecedented office on the local and federal level, and has leisure, I applaud his dedication to public safe- served in various leadership posts in the local Wednesday, May 12, 2010 ty and the people of Brewster. On behalf of a Republican Party. He was also appointed as a The House in Committee of the Whole very grateful constituency, thank you on a job Commissioner of the USS NJ Battleship Mu- House on the State of the Union had under well done. seum under two governors. consideration the bill (H.R. 5116) to invest in

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K13MY8.007 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E842 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 innovation through research and develop- Whereas, Sgt. Komaromy answered his SUPPORTING WAL-MART’S EF- ment, to improve the competitiveness of the country’s call of duty and served honorably FORTS TO COMBAT HUNGER IN United States, and for other purposes: and bravely in Vietnam, Operation Desert THE UNITED STATES Mr. WU. Mr. Chair, my amendment, which I Storm, and Operation Iraqi Freedom; and have submitted along with my colleague from Whereas, Sgt. Komaromy has represented HON. CHAKA FATTAH Maryland, Mr. BARTLETT and will be part of an the community of Dover and his country OF PENNSYLVANIA en bloc amendment, will facilitate ARPA–E ap- proudly and admirably with forty years of mili- IN THE HOUSE OF REPRESENTATIVES plications by small businesses and entre- tary service; and preneurs and will allow ARPA–E to consider a Thursday, May 13, 2010 wider range of proposals relevant to its mis- Whereas, the community of Dover will honor Mr. FATTAH. Madam Speaker, I rise today sion. the distinguished service of Sgt. Komaromy to recognize a notable work of good citizen- This amendment is straightforward and em- with a celebration on Saturday, May 15 at the ship on the part of Wal-Mart and the Wal-Mart phasizes the importance of proposals sub- Dover Armory, be it Foundation. Their announcement of a five mitted by small businesses and entre- Resolved, that along with his friends, family, year, $2 billion initiative to improve the effi- preneurs—the lifeblood of innovation and our the United States Army and National Guard, ciency of the U.S. food bank system and American economy. This amendment further and residents of the 18th Congressional Dis- make nutritious food more accessible to those mirrors the DARPA program by creating flexi- trict of Ohio, I commend and thank Sgt. 1st in the greatest need will contribute towards the bility within ARPA–E for solicitations year- Class Charles Komaromy for his forty years of goal of ending childhood hunger by 2015. This round, on broadly defined areas of science exemplary service to his country and his com- initiative will provide 1.1 billion pounds of food and technology, creating a greater diversity of munity. to families who desperately need it, and will projects coming into the pipeline, while still deliver $250 million in grants to help support maintaining the program’s ability to focus on f hunger relief organizations. funding projects in specific areas of techno- As Chair of the Congressional Urban Cau- logical innovation. HOUSE RESOLUTION 1272, COM- cus, I know that too many of the nation’s ARPA–E is a robust pathway to new discov- MEMORATING THE 40TH ANNI- urban residents face the silent epidemic of eries in technology and new investment in VERSARY OF THE MAY 4, 1970, food insecurity, and that they are not alone in American manufacturing. To paraphrase Sec- KENT STATE UNIVERSITY their plight. Up to 49 million Americans and 22 retary Chu, ARPA–E was designed to provide SHOOTINGS percent of all children went hungry in 2008. for opportunity to swing from the heels. There This is a travesty in a country as rich and will be missed pitches, but there will be home prosperous as the United States. This cannot runs and grand slams, too. While the program HON. BETTY SUTTON be allowed to continue. has been considered a success—recently an- OF OHIO I wish to congratulate Wal-Mart in its efforts nouncing 37 diverse solicitation winners—by IN THE HOUSE OF REPRESENTATIVES to help combat hunger in the United States, providing continuous and non-restrictive solici- and I hope that this is not only a significant tations, ARPA–E will be able to act in an all- Thursday, May 13, 2010 step in a broad commitment on the part of this comers fashion, selecting from a wide range corporation, but one that motivates their peers Ms. SUTTON. Madam Speaker, I rise today of products in order to foster innovative solu- to join us in this cause. tions to the energy issues our Nation faces. in support of House Resolution 1272, com- f I am happy to have worked in a bipartisan memorating the 40th anniversary of the May way with Mr. BARTLETT from Maryland—I 4, 1970, Kent State University shootings. THE SUBCOMMITTEE ON ENERGY greatly appreciate his thoughtful contributions As a lifelong Northeast Ohioan and a grad- AND THE ENVIRONMENT HEAR- to this amendment. Through both his scientific uate of Kent State University, I hold what took ING ON THE REAUTHORIZATION background and his work on Armed Services, place on May 4th close to my heart. OF STATE REVOLVING FUNDS Mr, BARTLETT has always brought an informed After the announcement of the U.S. incur- and helpful perspective in the establishment of sion into Cambodia, Kent State students HON. BOBBY L. RUSH ARPA–E. The House Committee on Science began a weekend of anti-war protests that cul- OF ILLINOIS and Technology may be one of the last bas- minated in the deaths of four unarmed stu- IN THE HOUSE OF REPRESENTATIVES tions of nonpartisan policymaking in this body dents on May 4th . . . Thursday, May 13, 2010 and Mr. BARTLETT’s work and forethought has helped to exemplify that ideal. I ask that the . . . Another nine were injured, including Mr. RUSH. Madam Speaker, I submit the House support this amendment. one of my constituents, Barberton resident following. and my very dear friend, Alan Canfora. Chairman WAXMAN, Chairman MARKEY, f During the height of the Vietnam War from Ranking Member BARTON, Ranking Member PERSONAL EXPLANATION 1968 to 1971, 17 people were killed during UPTON and all of my distinguished colleagues anti-war protests on college campuses. that sit on the Subcommittee on Energy and the Environment, thank you all for allowing me HON. JEFF MILLER Many of these Vietnam War demonstrations, to make these remarks for the record on this OF FLORIDA including those at Kent State, pitted students important hearing on the reauthorization of IN THE HOUSE OF REPRESENTATIVES against their peers serving in the National State Revolving Funds within the ‘‘The Assist- Thursday, May 13, 2010 Guard. ance, Quality, and Affordability Act of 2010.’’ Mr. MILLER of Florida. Madam Speaker, I Forty years after the Kent State shootings, Chairman MARKEY, I would especially like to missed rollcall vote No. 248 on May 5, 2010. the tragic events of May 4th remain a symbol thank you and your staff for working with my If present, I would have voted ‘‘nay.’’ of the Vietnam War and the protests that en- office over the past year to tighten the regula- f sued at college campus in Ohio and across tions within the SRF that govern water security the country. A PROCLAMATION HONORING SGT. to ensure that the incident that happened in 1ST CLASS CHARLES KOMAROMY I commend the recent placement of the site my congressional district of Crestwood will not FOR FORTY YEARS OF SERVICE of the May 4th shootings on the National Reg- be replicated and that all of our constituents IN THE UNITED STATES ARMY ister of Historic Places. will have access to clean, safe drinking water. AND NATIONAL GUARD I also applaud the establishment of the May Mr. Chairman, I would like to briefly recount 4th Visitors Center, Memorial, and Historical for all of my colleagues the preposterous and Walking Tour on the campus. unbelievable events that happened in Crest- HON. ZACHARY T. SPACE wood that has brought us to the point we are OF OHIO May 4th took the lives of Allison Krause, today. It is a story that, unfortunately, is ripe IN THE HOUSE OF REPRESENTATIVES Jeffrey Miller, Sandra Scheuer, and William with abuses of the public trust by crooked and Schroeder. Thursday, May 13, 2010 corrupt public officials at a level that is hard to Mr. SPACE. Madam Speaker, They will always live on in our memories. fathom. Whereas, Sgt. 1st Class Charles Komaromy They represent a generation and a tumul- And it is a story that, hopefully, with the has served forty years in the United States tuous chapter of our Nation’s history that measures that we will enact in this legislation, Army and the National Guard; and should not ever be forgotten. will never be allowed to happen again.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.010 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E843 Mr. Chairman, the story of Crestwood began gets right at the issue of the Illinois EPA not missions, Records and Registration depart- in 1986, when the Illinois EPA was notified being required to go out and check whether ments. that the well water that was being used for the contaminated well was being used, without In addition to her service to TCC, Hadley public consumption was contaminated and being overly burdensome if the violations are has contributed significantly to the local com- was found to be unsuitable under federal EPA not related to public safety. munity for more than 35 years. She has standards. Officials from the Village of Crest- Mr. Chairman, as representatives of the served as Chairman of the Tarrant County wood told State EPA authorities that the well people we serve, for most of us the actions Hospital District Board of Managers, Chairman would no longer be used for drinking pur- taken by Village of Crestwood officials would of the Dallas-Fort Worth International Airport poses, but would remain open for emergency be unconscionable. In all of my time as a pub- Board, and Chairman of the North Texas uses only, such as fighting fires. lic servant, I have rarely encountered public Commission. Hadley was also selected by Unbelievably, despite the warning from the officials acting so egregiously against their former Texas Governor Bill Clements for the IL EPA to the Crestwood officials about using own citizens or abusing their power in a way Trinity River Authority of Texas and former the well for public consumption, for another 20 that puts the public safety at risk. Texas Governor George W. Bush for the years, from 1986–2007, untreated well water In March 2010, the IL Dept. of Public Health Texas Governor’s Committee on Volunteerism. was mixed with Lake Michigan water and was released a report that found cancer rates were Madam Speaker, it is with great honor that piped into the homes of village residents for ‘‘significantly elevated’’ in Crestwood resi- I rise today to congratulate and recognize the drinking and other uses. dents, with higher-than-expected cases of kid- accomplishments of Erma Johnson Hadley, Mr. Chairman, for over 20 years, the citi- ney cancer in men, lung cancer in men and Chancellor of the Tarrant County College Dis- zens of Crestwood Village were consuming women, and gastrointestinal cancer in men. trict. It is a privilege to represent such a dedi- water, filled with contaminants, while the IL While researchers could not make a definite cated community member and public servant, EPA never went back in to test the water qual- link between the consumption of contaminated and such a superb educational institution, in ity or ensure that Crestwood officials had fol- water for 20 years for the 11,000 residents of the United States House of Representatives. lowed their edict to stop using the well for Crestwood and the elevated rates of cancer f public consumption. there, they determined it was possible that Then, in December 2007, acting on a tip toxic chemicals in the drinking water caused 2010 14TH CONGRESSIONAL from a private citizen, Tricia Krause, the IL the extra cancer cases. DISTRICT ART COMPETITION EPA decided to test the well water for the first Well, I’m not a researcher, but I can analyze time since they were first alerted to the prob- commonsense, and for me, the coincidence HON. MICHAEL F. DOYLE lem in 1986. between drinking cancer-causing contami- OF PENNSYLVANIA During these tests, the IL EPA found that nated water for 20 years and then having IN THE HOUSE OF REPRESENTATIVES the well water contained unacceptable levels higher-than-normal rates of cancer appear in Thursday, May 13, 2010 of perchloroethylene (PCE), a chemical linked those same citizens shows that there must be to liver damage and neurological problems, as some connection between the two. Mr. DOYLE. Madam Speaker, I rise today to well as other carcinogenic chemicals that were With our actions here today and in moving recognize the artistic ability of a young woman higher than federal standards permit. this bill forward, it is my sincere hope that no from my Congressional District, Stephanie Mr. Chairman, it took the brave and coura- other community in America will have to suffer Taylor of South Allegheny High School. Ms. geous act of an everyday, hardworking, pri- from the reprehensible acts of a few des- Taylor is the winner of the 2010 14th Congres- vate citizen, Ms. Tricia Krause, to finally pull picable public servants who would seek to sional District of Pennsylvania’s High School the plug on the nefarious and despicable acts abuse the public trust. Art Competition, ‘‘An Artistic Discovery.’’ Ms. of Crestwood officials. For 20 years, these offi- Thank you again Mr. Chairman, and distin- Taylor’s artwork, an acrylic painting entitled cials willfully and reprehensibly lied to State guished Members of the Subcommittee, for al- ‘‘Leaves,’’ was selected from a number of out- authorities and fed contaminated water to the lowing me to participate today. standing entries to this year’s competition. very citizens they were sworn to protect. f In fact, sixty works from twelve different After Ms. Krause blew the whistle on these schools in Pennsylvania’s 14th Congressional despicable acts and the story became public, CONGRATULATING ERMA JOHNSON District were submitted to our panel of re- the U.S. Environmental Protection Agency and HADLEY AND RECOGNIZING HER spected local artists. It’s a real tribute to her the U.S. Department of Justice executed MANY ACCOMPLISHMENTS TO skill and vision that her work was chosen as search warrants and found that Village officials TARRANT COUNTY COLLEGE AND the winner of this year’s competition. I am cer- had been falsifying records regarding the pur- HER COMMUNITY tain that Ms. Taylor’s family is proud of her ar- chase and delivery of water to its citizens for tistic talents and this impressive accomplish- over 20 years. HON. MICHAEL C. BURGESS ment. And while we must acknowledge and praise OF TEXAS Ms. Taylor’s artwork will represent the 14th the work of courageous citizens like Ms. IN THE HOUSE OF REPRESENTATIVES Congressional District of Pennsylvania in the Krause for taking matters into her own hands national exhibit of high school students’ art- Thursday, May 13, 2010 to shed light and seek justice, we must also work that will be displayed in the United do everything in our power to make it more Mr. BURGESS. Madam Speaker, I proudly States Capitol over the coming year. I encour- difficult for immoral and despicable public offi- rise today to congratulate Erma Johnson Had- age my colleagues as well as any visitor to cials to dupe the public again and feed con- ley, the newly appointed Chancellor of the Capitol Hill to view Ms. Taylor’s artwork, along taminated and poisonous water to our citizens. Tarrant County College District, and to recog- with the winning entries from the high school Mr. Chairman, the steps that you have nize her many accomplishments to TCC and art contests held in other Congressional Dis- taken in this bill will go a long way toward re- her community. Hadley is not only the first fe- tricts, which will be on display in the Capitol storing the public trust in the system by requir- male to be named Chancellor of TCC, but also tunnel. It is amazing to walk through this cor- ing our State agencies, which are in many the first African American. ridor and see the interpretation of life through cases the last line of defense in ensuring pub- Hadley has been with TCC, which includes the eyes of these young artists from all across lic safety, to go that extra step to protect the five districts and has an enrollment of more our country. public. than 45,000 students, for over 40 years. Prior I would like to recognize all of the partici- This language would simply compel the to being named Chancellor, Hadley has pants in this year’s 14th Congressional District EPA to set up requirements for notifying the served as both a faculty member and adminis- High School Art Competition, ‘‘An Artistic Dis- public served by a water system when dif- trator, including Director of Personnel, Vice covery’’ from Brashear High School, Nour ferent types of violations occur. The EPA Chancellor for Human Resources, and Vice Qutyan; from the Pittsburgh High School for would be allowed to use the same categories Chancellor for Administration. the Creative and Performing Arts, Zoe of violations that have already been developed During her distinguished tenure at TCC, Capcara, Emily Daley, Kyle Gorcey, Amber under subsection (c) of the Safe Drinking Hadley has been voted ‘‘Outstanding Teach- Key, Noel Peterson, and Audrey Stygar; from Water Act. er’’, she established the District’s call center, East Allegheny High School, Cody Atkins, Additionally, for each category of violation, and created the TCC Employee Scholarship Nikki Croft, Chey A. Gojkovich, Randy the EPA will determine what types of follow-up Program, among other notable accomplish- Stegner, Jr., Brianna Stevens, and Jacob Wil- inspections are needed, and how many in- ments. Hadley has also served as Equal Op- liams; from Northgate High School, Carolyn spections the State will need to carry out. This portunity Officer and formerly oversaw the Ad- Denes, Alison Gusew, Seth Huston, Collyn

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K13MY8.014 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E844 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 Kunkel, and Savannah Paladin; from Penn gan Association of United Ways, and the Pri- sands of homeless and abused children during Hills High School, Jessica Clair, Nicolette vate Industry Council of Allegan and Ottawa the holiday season each year. Joe’s commit- Deighan, Krysty Kunkel, Dana Lyons, Chloe Counties. He is a lifelong member of the Coa- ment to his community has been his personal Regan, and Chloe Weiss; from Pittsburgh lition for Labor Union Women. as well as his professional legacy. Allderdice High School, Dani Hicks, Jordan Don is a member of the Allegan County Joe has spent his career in service of oth- Keitel, David Newbury, April Post, Tsu Hung Democratic Party and the Michigan State ers, his UAW brothers and sisters, his commu- Tien, and Yan Yang; from Schenley High Democratic Party. He was a delegate to the nity, and most importantly, his large and grow- School, Maurice Campbell, Briana Jackson, 2000 Democratic National Convention and ing family. Madam Speaker, I ask my col- Stephen Karas, Fatima Kizilkaya, and was an Al Gore Elector for the State of Michi- leagues to join me today to honor Mr. Joe Pe- Monique Pressley; from South Allegheny High gan in the Electoral College. Don and his wife ters for his many contributions to our commu- School, Alexis Carr, Kristen Kudla, Megan Corlyn have two daughters, one son and six nity and his leadership at the United Auto Stevens, and Stephanie Taylor; from Sto-Rox grandchildren. Workers Union. I wish him many more years High School, Adam Wayne Baker, Travis Madam Speaker, I ask the House of Rep- of health, happiness, and productive service. Crump, Allison Funwela, Natalie Gamble, Or- resentatives to rise with me and applaud the f lando Russell, and Elizabeth Thornton; from work of Donald Oetman. From the age of 18 RECOGNIZING THE FAIRVIEW Trinity Christian School, Rebekah Garard; he has acted to improve the lives and working SOUTH SCHOOL PENNIES FOR from West Mifflin High School, Tori Cooper, conditions in our factories and offices and PEACE PROGRAM Victoria Donahoe, and Natalie Kerrigan; and many people have benefitted from his commit- from Woodland Hills High School, Heather ment to the ideals of labor. I will miss his Evans, Elijah Johnson, Josh Rydzak, Stephan counsel and camaraderie and I wish him the HON. JANICE D. SCHAKOWSKY OF ILLINOIS Spence, and Hoong Tosangchai. best in the future. IN THE HOUSE OF REPRESENTATIVES I would like to thank these impressive young f artists for allowing us to share and celebrate Thursday, May 13, 2010 IN RECOGNITION OF MR. JOSEPH their talents, imagination, and creativity. The Ms. SCHAKOWSKY. Madam Speaker, I rise PETERS, ON THE OCCASION OF efforts of these students in expressing them- tonight to recognize an extraordinary group of HIS RETIREMENT FROM THE DI- selves in a powerful and positive manner are students in Skokie, Illinois. no less than spectacular. RECTORSHIP OF THE UNITED I would like to recognize 6th grade students I hope that all of these individuals continue AUTO WORKERS REGION 1 Lucas Brace, Alexander Brown, Soretti Donka, to utilize their artistic talents, and I wish them Lily Griffin, J.D. Kim, Rachel Sison, Kevin all the best of luck in their future endeavors. HON. GARY C. PETERS Thurman, Patricia Valdepenas, and Tessa f OF MICHIGAN Waters, as well as their SPINOUT reading IN THE HOUSE OF REPRESENTATIVES teacher, Ms. Yolanda Toni. These sixth grade TRIBUTE TO DONALD OETMAN Thursday, May 13, 2010 students were inspired, after reading Greg Mortensen’s book Three Cups of Tea, to col- HON. DALE E. KILDEE Mr. PETERS. Madam Speaker, I rise to lect pennies from their classmates at Fairview OF MICHIGAN honor a lifelong champion of the American South School for the charity Pennies for IN THE HOUSE OF REPRESENTATIVES labor movement, Mr. Joseph Peters, Director Peace. of the United Auto Workers Region 1, on the Thursday, May 13, 2010 Ms. Toni’s nine students worked with the occasion of his retirement from the UAW. As school’s Student Council and teacher spon- Mr. KILDEE. Madam Speaker, I rise today a Member of Congress, it is both my privilege sors Ms. Katherine MacLennan and Ms. Chris- to pay tribute to Donald Oetman as he retires and honor to recognize Mr. Peters for his tina Sylvester. They made presentations to as Director of UAW Region 1D. A celebration many years of service and his contributions each grade level about the program and en- of Don’s life and contributions to the UAW will which have enriched and strengthened our couraged other students at the school to par- be held on May 21st in Grand Rapids, MI. community. ticipate. Over two months, the students raised Donald Oetman was part of the original Joe Peters has been a tireless advocate for an impressive $1,524.26 for Pennies for group that organized Micromatic Textron in his UAW brothers and sisters. Joe started his Peace. They wrote letters to me and other Holland, MI. In 1965 they formed Local 1502 career as a member of Local 400, while work- elected officials explaining their program and when Don was only 20 years old. He served ing at the Ford Paint Plant in Mount Clemens. urging us to also work to promote education as Vice-President of the Local and two years Joe became active in the UAW in the late for all children throughout the world. later became its President. During this time he 1960s when he moved to work at the Ford Pennies for Peace is a fantastic charity, held the position of steward and ex-officio Utica Trim plant. While at Utica Trim, Joe was founded by Mortensen, that encourages stu- member of all standing committees at Local elected as the Midnight Committeeman, mem- dents to collect their pennies, and, one cent at 1502 and served as vice-chairperson of the ber of the Plant Bargaining Committee, Plant a time, to support education around the world. Allegan-Ottawa CAP Council for 12 years. Chairman, Vice President of Local 400, and A penny might not seem like much money, but Don remained the Local’s President and its President of Local 400. the students at Fairview South School dem- bargaining chairperson until he was appointed In 1988, Joe was appointed to the UAW onstrated how quickly they can add up. This to the International Union staff by then UAW International staff by President Owen Bieber money will go to change the lives of students President Owen Bieber and Director Robert and assigned to the National Ford Depart- in Pakistan and Afghanistan and bring access Fliearman in 1984. In June 1995 he was ap- ment. In 1999, Joe was appointed assistant di- to education and opportunity to girls and boys pointed Assistant Director of Region 1–D and rector of Region 1 under Director Kenneth across the world. elected Director at the 33rd Constitutional Terry. Joe served as assistant Director of Re- The Fairview South students recognize that Convention in 2002. He was re-elected in gion 1 until 2005, when he was elected Direc- children in many places around the world do 2006. tor in a special election. not have the same opportunities to attend Committed to community involvement, Don Joe has spent his career in support of civil school and gain an education as do kids in serves on the Board of Directors and the rights and his community. Joe is a lifelong Skokie. Two students in the class wrote to me, Labor Participation Committee of Greater member of the NAACP, a member of the Troy and they eloquently argued that education is Kalamazoo United Way and the Holland Elks club, and a strong grassroots political one of the most powerful tools we have to United Way. He is co-chair of the Muskegon leader. Joe has won numerous awards for his combat poverty, hopelessness, and violence. Area Labor/Management Joint Committee, he community activism including: Civil Rights Life- One student wrote, ‘‘I know how it feels to is on the Board of Directors of Blue Care Net- time Achievement, ARC Detroit Legacy Award, want a good education that can get me further work, sits on the Blue Care Network Audit Veterans Michigan Stand Down, and the UAW in life.’’ Another said, ‘‘Can you imagine what Committee, serves on the Economic Alliance Region 1 Women’s Council Circle of Excel- it would be like if your children were unable to of Michigan Board of Directors and the Board lence award. Moved by the increasingly dif- be educated? The luxury of elementary for the Alliance of Health, the Kalamazoo Area ficult economic times facing Michigan families, schools can indeed be taken for granted.’’ Labor/Management Committee, the Red Cross Joe started the ‘‘No Child Without Christmas’’ These students know that helping girls and Board, sits on the Board of the Michigan State foundation in 2004. His foundation brings to- boys throughout the world, particularly in war- University Labor Studies Program, the Holland gether a broad spectrum of community leaders torn or impoverished countries, is one of the United Labor Building Corporation, the Michi- to provide clothing, food, and gifts for thou- investments we can make.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.011 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E845 Not only did the students at Fairview South that ensures that DOE’s STEM education pro- small and medium-sized manufacturers raise an impressive number of pennies, but I grams mirror the important research being through federal loan guarantees. This will hope that this program has also turned them conducted by the agency on carbon capture allow them to access the capital they need to into lifetime philanthropists. By participating in and sequestration (CCS) science. CCS rep- remain competitive in the global market. Addi- Pennies for Peace, students were able to help resents a major advancement in the use of tionally, through increased federal investment children in Pakistan and Afghanistan while coal, the nation’s most abundant and afford- in the Manufacturing Extension Partnership at also learning the invaluable lesson that even a able energy source. the National Institute of Standards and Tech- small amount of money can make a big dif- The President’s Fiscal Year 2011 budget in- nology, we will enable them to continue their ference. vests over $400 million in CCS research at important work during these difficult economic Again, I would like to thank the students and DOE, and universities such as the Southern Il- times. their teacher for their work with Pennies for linois University-Carbondale engage in cutting- This legislation will encourage and support Peace. edge clean coal research. Including CCS in the STEM students of today and tomorrow, re- ward innovative thinking, invest in promising f DOE’s STEM education programming will en- sure we continue to expand research, devel- technological advances, and aid struggling AMERICA COMPETES opment, and deployment of this important American manufacturers. Madam Speaker, REAUTHORIZATION ACT OF 2010 technology and train a new generation of CCS this measure will have short and long-term benefits for our economy and allow the United SPEECH OF scientists. I urge my colleagues to support H.R. 5116. States to remain competitive in an increasingly interconnected global economy. I am proud to HON. JERRY F. COSTELLO f OF ILLINOIS support this bill today, and I urge my col- AMERICA COMPETES leagues to do the same. IN THE HOUSE OF REPRESENTATIVES REAUTHORIZATION ACT OF 2010 f Wednesday, May 12, 2010 The House in Committee of the Whole SPEECH OF AMERICA COMPETES House on the State of the Union had under HON. JAMES R. LANGEVIN REAUTHORIZATION ACT OF 2010 consideration the bill (H.R. 5116) to invest in OF RHODE ISLAND SPEECH OF innovation through research and develop- IN THE HOUSE OF REPRESENTATIVES ment, to improve the competitiveness of the HON. ZOE LOFGREN United States, and for other purposes: Wednesday, May 12, 2010 OF CALIFORNIA Mr. COSTELLO. Madam Chair, I rise today The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES in support of H.R. 5116, the Reauthorization of House on the State of the Union had under Wednesday, May 12, 2010 the America COMPETES Act of 2010. consideration the bill (H.R. 5116) to invest in I commend Chairman GORDON for his lead- innovation through research and develop- The House in Committee of the Whole ership in developing this important legislation ment, to improve the competitiveness of the House on the State of the Union had under and bringing it to the floor. United States, and for other purposes: consideration the bill (H.R. 5116) to invest in innovation through research and develop- In the three years since the America COM- Mr. LANGEVIN. Madam Chair, I rise in sup- ment, to improve the competitiveness of the PETES Act was signed into law, we have port of H.R. 5116, the America COMPETES United States, and for other purposes: Reauthorization Act of 2010. This multi-year made great strides in innovation, education, Ms. ZOE LOFGREN of California. Madam and technology. H.R. 5116 makes strong in- reauthorization allows for urgently-needed in- Chair, today I rise in support of H.R. 5116, to vestments in science and education to vestments to improve science, technology, en- reauthorize the America COMPETES Act. This strengthen U.S. competitiveness, support busi- gineering and math education, foster innova- bill continues the commitment we made to nesses, and create jobs. tion and create jobs in the short, mid and long science and innovation from the first COM- H.R. 5116 builds upon the recommenda- term. This bipartisan legislation will go a long PETES Act, passed in 2007. tions of the 2005 report, Rising Above the way towards reversing the downward trend in As a Member representing Silicon Valley, I Gathering Storm, and prioritizes science, tech- domestic science and technological develop- have seen firsthand what innovation and re- nology, engineering, and mathematics (STEM) ment, and will allow America to educate a new search can do to keep us competitive and education at all levels. and highly skilled workforce, create new jobs economically strong. H.R. 5116 will foster re- Since coming to Congress, I have been a in cutting-edge fields, and compete more ag- search by reauthorizing the Department of En- strong supporter of STEM education at every gressively in the global marketplace. ergy’s Office of Science, the National Science age from pre-school through adult education. The COMPETES Act will strengthen STEM Foundation, and the National Institute of These investments ensure we prepare the education programs—the building blocks of Standards and Technology, and keep them on next generation of scientists and engineers scientific and technological advances—through a path that will double their authorized funding and maintain the most innovative, competitive a number of important initiatives at all levels. over 10 years, based on 2007 appropriated workforce in the world. The Robert Noyce Teacher Scholarship Pro- levels. This funding will support basic research Specifically, investment in STEM education gram will provide funding to train highly com- in labs across the country. The Act also in- is especially important at the K–12 level, when petent secondary school teachers. And as our cludes loan guarantee programs for small- and students are first exposed to STEM curricula. students progress, H.R. 5116 will afford them medium-sized manufacturers to bring their It is vitally important to engage the interest of the opportunity to continue studying science new and innovative products beyond the pro- K–12 students in STEM and to attract and re- and technology through grants designed to at- totype stage and into production. tain highly skilled teachers in the STEM field. tract and retain undergraduate students in Madam Chair, the bill fosters STEM edu- It is my hope that teacher retraining and K– STEM fields. cation and will help ensure that today’s chil- 12 STEM education provisions included in the The key to continued technological ad- dren are prepared to be tomorrow’s competi- 2007 COMPETES bill will be reauthorized, vances is innovative thinking. The COM- tive workforce. H.R. 5116 provides greater co- and I look forward to working with my col- PETES Act will create Regional Innovation ordination of STEM education programs leagues in the House Education and Labor Clusters, allowing businesses to collaborate across federal agencies and aligns the pro- Committee to achieve this goal. and communicate more effectively on work grams at all levels of education—from K–12 In addition, I am pleased the bill supports and development in a number of fields. Addi- through doctoral degrees. Once students are STEM education programs at community col- tionally, through the reauthorization of the Ad- interested in STEM fields, we need to foster leges and 2-year institutions and links commu- vanced Research Projects Agency for Energy, their growth and ensure that they have the nity colleges with Manufacturing Extension we will continue investing in potentially high- right tools and support to stay within the Partnerships, other institutions of higher edu- reward energy technology development. Along STEM pipeline. cation, research institutions, and regional inno- with the establishment of Energy Innovation The COMPETES Reauthorization Act also vation hubs. This connection ensures that stu- Hubs, which support the advancement of en- encourages innovative thinking and solutions dents will have the job training necessary to ergy technologies through research, develop- by reauthorizing the Advanced Research secure good-paying jobs in their communities ment, and commercial application, we will be Projects Agency for Energy (ARPA–E) to per- and manufacturers have a workforce with the working towards achieving our nation’s energy form high-risk, high-reward energy research right skill set to promote innovation. goals. that could lead to the game-changing tech- I appreciate Chairman GORDON’s willingness I am also very pleased that the COMPETES nology we need to wean ourselves off of pol- to work with me to include language in the bill Act takes steps towards helping our domestic luting fossil fuels.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.014 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E846 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 I would like to note one concern I have with seniors, the championship victory represents Amendment to Pennsylvania’s State constitu- this legislation. Section 123 establishes a the culmination of their high school athletic ca- tion, guaranteeing equal rights for women working group to coordinate the policies of reers. Four years in the making, it is a vindica- under State law. She also oversaw the low- various agencies regarding public access to tion of the team’s hard fought and close sec- ering of the Pennsylvania voting age from 21 the results of federally-funded research. I ond place finish at last year’s State champion- to 18 years old. agree that coordination could improve tech- ship and a testament to the spirit of the team. In 1984, Ms. Tucker founded the National nical uniformity in the dissemination of data, This year’s Division 2 State championship Political Congress of Black Women, an organi- boosting interoperability across agencies and meet began as it would end, with victories for zation dedicated to supporting the interests disciplines. However, the working group the Falcons. The team set the tone for the and well-being of African American women should not extend its mandate to demand uni- event by finishing first in the opening 200 and their families. Ms. Tucker was also the formity in all public access policies, such as meter medley relay, followed by first place fin- first African American president of the National those for scientific publications. In particular, it ishes in the 100 meter backstroke and the 400 Federation of Democratic Women and found- should not interfere with the policy of the Na- meter freestyle relay. In addition to its terrific ed the Philadelphia Martin Luther King, Jr. As- tional Institutes of Health, which requires free wins, the Falcons finished in the top four spots sociation for Non-Violence. Additionally, she public access to the published results of re- in half of the twelve events at the champion- founded the Bethune-Dubois Institute in an ef- search funded by NIH. This legislation should ship meet. fort to promote the cultural and educational not be interpreted to restrict existing open ac- Madam Speaker, I ask my colleagues to join development of African American youth. cess to scientific knowledge, or to prevent its me today in recognizing the Birmingham In her later years, Ms. Tucker spearheaded expansion. Groves High School’s boys swim team and its a campaign against gangster rap music con- This issue aside, I am pleased of the com- coaches on this great achievement. This vic- taining lyrics glamorizing criminal lifestyles and mitment we are making to science and innova- tory was truly a team effort, made possible by disrespect of women. In this effort to combat tion today, and I strongly urge my colleagues countless hours of practice by the team, the the negativity in gangster rap music, Ms. to support this bill. guidance of the team’s coaches, the support Tucker initiated a boycott of companies that f of the team’s dedicated parents and the com- produced such music and spoke out in objec- mitment of the school’s administration. The tion to the NAACP honoring rapper Tupac PERSONAL EXPLANATION Falcons’ determination to succeed and their Shakur with its Image Award. commitment to excellence are most exemplary William Tucker, Ms. Tucker’s husband of HON. RUSS CARNAHAN virtues. I wish the team and its coaches many more than forty years, once described her as OF MISSOURI more successes and championships in the ‘‘one of the most fearless individuals I have IN THE HOUSE OF REPRESENTATIVES coming years ahead. ever known. She will take on anyone, any- Thursday, May 13, 2010 f thing, if that is what she thinks is right. . . . I tell her there are times you have to com- COMMEMORATING THE LIFE OF Mr. CARNAHAN. Madam Speaker, due to promise, but she is not one who will readily CYNTHIA DELORES TUCKER being unavoidably delayed, I missed the vote entertain the idea of compromise about any- on the passage of H.R. 5014, to clarify the SPEECH OF thing.’’ It was this dedication to social progress health care provided by the Secretary of Vet- and unwillingness to settle for anything short eran Affairs that constitutes minimum essential HON. LAURA RICHARDSON of equality for all that makes Ms. Tucker a na- coverage (roll No. 260). I would have voted in OF CALIFORNIA tional hero. favor of this bill, which passed overwhelmingly IN THE HOUSE OF REPRESENTATIVES I salute the dedication and resilience that by a margin of 417–0 had I been present to Tuesday, May 11, 2010 characterized Ms. Tucker’s work throughout record my vote. her life. I am truly grateful for her efforts to f Ms. RICHARDSON. Mr. Speaker, I rise help women and minorities achieve equality today in support of H. Res. 1094, which hon- and justice. IN RECOGNITION OF THE BIR- ors the tremendous accomplishments of the MINGHAM GROVES HIGH SCHOOL I urge my colleagues to join me in sup- late Cynthia Delores Tucker. Ms. Tucker dedi- porting H. Res. 1094. FALCONS’ BOYS SWIM TEAM FOR cated her life to advancing the interests of WINNING THEIR SIXTH STATE women and minorities in the United States. f CHAMPIONSHIP Raised in Philadelphia during the Great De- pression, Ms. Tucker overcame great hard- RECOGNIZING MARK SPENCER HON. GARY C. PETERS ships to become one of our Nation’s leaders OF MICHIGAN in both the Civil Rights Movement and the HON. DALE E. KILDEE IN THE HOUSE OF REPRESENTATIVES fight for women’s rights. After a life full of OF MICHIGAN achievements and milestones, Ms. Tucker IN THE HOUSE OF REPRESENTATIVES Thursday, May 13, 2010 passed away in 2005 at the age of 78. We Thursday, May 13, 2010 Mr. PETERS. Madam Speaker, I rise today owe our national gratitude to Ms. Tucker, an to recognize the Birmingham Wiley E. Groves American hero who made the United States a Mr. KILDEE. Madam Speaker, I rise today High School Falcons’ boys swimming and div- more fair and tolerant country. to recognize Mark Spencer as he retires from ing team, its coaches Matt Watson, Dave I thank Chairman CONYERS for his leader- teaching with the Flint Community Schools. A Eichenhorn, Seena Karapetian and Virginia ship in bringing this bill to the floor. I also celebration will be held on May 21st in his Naegly, Birmingham Schools Superintendent thank the sponsor of this legislation, Con- honor. David Larson, Groves Principal Fred Procter gresswoman WATSON, for her commitment to As part of a long line of educators, Mark and Athletic Director Tom Flynn on the team’s ensuring that the legacy of Cynthia Delores began his career teaching with the Swartz 2010 MHSAA Division 2 State championship. Tucker always shines as a beacon of social Creek School District in 1978. He taught in As a Member of Congress it is both my honor progress. Swartz Creek Schools for 7 years and then and privilege to recognize the team and its Mr. Speaker, Ms. Tucker became politically moved to Flint Community Schools working outstanding coaches on this hard fought and active in 1950, when she worked to register first as a Community School Director then as impressive victory. African American voters during Philadelphia’s a school teacher. Over 25 years, Mark worked Established in 1959, in the Village of Bev- mayoral campaign. She went on to play a cen- at Doyle Ryder, Potter, McKinley, Whittier, erly Hills, Birmingham Groves High School tral role in the Civil Rights Movement and Cody, and Neithercut Schools. He holds a has developed a rich history of academic and marched with the Rev. Dr. Martin Luther King, Master of Arts degree from Central Michigan athletic excellence. This victory at the 2010 Di- Jr. from Selma to Montgomery in support of University and is considered a master teacher vision 2 MHSAA State swim meet caps off an the Voting Rights Act of 1965. In January of by Flint Community Schools. incredible year for the Falcons, who had a 1971, Governor Milton Shapp appointed Ms. Madam Speaker, I ask the House of Rep- nearly perfect season in their run up to the Tucker as Pennsylvania’s secretary of state, resentatives to join me in congratulating Mark State championship. This championship vic- making her the first African American female Spencer as he retires from Flint Community tory also marks the team’s fourth State cham- secretary of state in the country. While serving Schools. I commend him for his work devel- pionship in the last ten years and sixth State as secretary of state, Ms. Tucker was a leader oping the talents of children and wish him the championship in school history. For this year’s in the successful effort to add an Equal Rights best as he starts the next phase of his life.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MY8.017 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E847 HONORING THE RICHMOND HIGH not a sometime thing; it’s an all the time thing. ation of the bill (H.R. 5019) to provide for the SCHOOL WRESTLING TEAM You don’t win once in a while; you don’t do establishment of the Home Star Retrofit Re- the right thing once in awhile; you do them bate Program, and for other purposes—I HON. CANDICE S. MILLER right all the time. Winning is a habit. Unfortu- would have voted ‘‘nay.’’ OF MICHIGAN nately, so is losing.’’ History clearly shows the Rollcall vote 250, on motion to suspend the IN THE HOUSE OF REPRESENTATIVES Richmond High School Wrestling Program has rules and agree—H. Res. 1295—Celebrating developed a habit of winning and an environ- the role of mothers in the United States and Thursday, May 13, 2010 ment that breeds success. supporting the goals and ideals of Mothers Mrs. MILLER of Michigan. Madam Speaker, Moreover, I wish to recognize the hard Day—I would have voted ‘‘aye.’’ I rise today to acknowledge the outstanding work, determination and teamwork displayed Rollcall vote 251, on motion to suspend the season put forth by the Richmond High School by all the members of the 2010 Richmond rules and pass, as amended—H.R. 1722— Blue Devils Wrestling Team. Throughout the High School Wrestling Program. I applaud the Telework Improvements Act—I would have entire year, the members of the 2010 team coaches, support staff, teachers, parents and voted ‘‘nay.’’ demonstrated true solidarity, and great indi- fans alike, for their assistance and for making Rollcall vote 252, on agreeing to the amend- vidual fortitude worthy of many accolades. And this another season to remember. ment—H.R. 5019—Barton of Texas Amend- judging by the trophy case, the Blue Devils Despite the injuries and grueling practices, ment No. 2—I would have voted ‘‘aye.’’ have the hardware to prove it. the Blue Devils showed once again they had Rollcall vote 253, on agreeing to the amend- To start, Richmond won the Michigan High what it takes to accomplish their ultimate ment—H.R. 5019—Burgess of Texas Amend- School Athletic Association (MHSAA) Division goal—a state title! Teamwork, dedication and ment No. 4—I would have voted ‘‘aye.’’ III Team State Title! This is the school’s fourth friendship all helped deliver this championship. Rollcall vote 254, on motion to recommit state title since 2000, after winning the State’s I know the City of Richmond and Macomb with instructions—H.R. 5019—Home Star En- top award in 2002 and 2006. But I would be County take great pride in what these young ergy Retrofit Act—I would have voted ‘‘aye.’’ remiss if I did not also point out the Blue Dev- men were able to accomplish at each level of Rollcall vote 255, on passage—H.R. 5019— ils’ other impressive final finishes where they achievement. Home Star Energy Retrofit Act—I would have earned state runner-up in 1996, 2004 and Madam Speaker, I certainly share that pride voted ‘‘nay.’’ 2007. In addition, Blue Devils Brian Henke and express my personal congratulations. This f and Stephen Ireland dominated their weight team has exceeded all expectations and lived INTRODUCTION OF ‘‘ACCESS TO classes to win individual state titles. They up to the strong traditions that define Rich- BIRTH CONTROL ACT’’ manufactured impressive overall records of mond Wrestling. Way to go Blue Devils! 50–0 and 30–0 respectively. f Madam Speaker, my home county of HON. CAROLYN B. MALONEY OF NEW YORK Macomb certainly noticed what the Blue Devils PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES were able to accomplish as they took home ‘‘Team of the Year’’ honors. But this was just HON. MARSHA BLACKBURN Thursday, May 13, 2010 icing on the cake as individual team members OF TENNESSEE Mrs. MALONEY. Madam Speaker, today I picked up numerous awards. Stephen Ireland, IN THE HOUSE OF REPRESENTATIVES am reintroducing the Access to Birth Control Dominic Cattera, Justin Russo, Pat Baruth, Thursday, May 13, 2010 (ABC) Act along with 12 other Members of the Preston Treend, Brian Henke, Adrian Morang, Mrs. BLACKBURN. Madam Speaker, I was House of Representatives. Senator FRANK Roger Crump and Dakota Boldrey all earned unable to participate in the following votes due LAUTENBERG is introducing companion legisla- First Team All Macomb County for Division II, to a natural disaster in my district. If I had tion in the Senate. Ninety-eight percent of III, and IV. Dustin Pitcel, Garett Edwards, been present, I would have voted as follows: American women use birth control at some Casey Martin and Greg Sebastian were May 4, 2009. point in their lives. This bill ensures that any named to the Second Team; while Austin Rollcall vote 243, on motion to suspend the woman who would like birth control and who Cattera and Josh Rivard earned spots on the rules and agree—H. Res. 1307—Honoring the has a legal prescription or is seeking over-the- Third Team. Brandon Pawlak, Grant Hafner, National Science Foundation for 60 years of counter emergency contraception, will be able Sean Clancy, Alex Morang, Austin Kratt, Scott service to the Nation—I would have voted to get it in a timely and convenient manner. Gulette, Robert Clancy and Eric Boyd followed ‘‘aye.’’ The ABC Act would make it illegal for a up with Honorable Mention distinctions. Rollcall vote 244, on motion to suspend the pharmacist to refuse to return a birth control Macomb also selected an All-County Dream rules and agree—H. Res. 1213—Recognizing prescription, or for a pharmacist to intimidate, Team which had five members from Rich- the need to improve the participation and per- threaten, or harass customers, or intentionally mond—Stephen Ireland, Dominic Cattera, Jus- formance of America’s students in Science, breach, or threaten to breach, medical con- tin Russo, Preston Treend, and Brian Henke Technology, Engineering, and Mathematics fidentiality. who all got the nod. (STEM) fields, supporting the ideals of Na- Under my bill, if a pharmacist on duty re- I commend Coaches Robert Hablin, George tional Lab Day—I would have voted ‘‘aye.’’ fuses to fill the prescription, then the phar- Hamblin and Brandon Day for their efforts to Rollcall vote 245, on motion to suspend the macy must ensure that another employee on prepare this team for battle on the mat every rules and agree, as amended—H. Res. staff fills the prescription for the customer with- day. They were shining examples of strong 1132—Honoring the USS New Mexico as the out delay. leadership. They also realized this quest to be sixth Virginia-class submarine commissioned Very simply, this legislation ensures a wom- very demanding, so they put the team through by the U.S. Navy to protect and defend the an’s legal access to birth control. intense physical training and offered the guid- United States—I would have voted ‘‘aye.’’ An alarming trend has erupted in some ance and mental focus needed to wrestle. May 5, 2010. pharmacies across the nation. Over the past I believe these key attributes are crucial and Rollcall vote 246, on motion to suspend the few years, there have been increasing reports inseparable once you cross that line to com- rules and agree, as amended—H. Res. of pharmacists refusing to fill prescriptions for pete. The Blue Devils coaching staff had the 1320—Attempted Terrorist Attack in Times birth control pills. In some cases, pharmacists ability to keep the team energized and hungry Square on May 1, 2010—I would have voted have kept and refused to transfer a prescrip- each time they faced off against their oppo- ‘‘aye.’’ tion, refused to sell over-the-counter emer- nents. This is an extremely difficult task, con- Rollcall vote 247, on motion to suspend the gency contraception, or given the customer sidering the various pressures and distractions rules and agree—H. Res. 1272—Commemo- false medical information about the requested a high school student-athlete encounters. rating the 40th anniversary of the May 4, birth control. Pharmacists have taken it upon Madam Speaker, simply put, it is not easy 1970, Kent State University shootings—I themselves to decide whose prescription they to remain at the top of your chosen field, no would have voted ‘‘aye.’’ will fill and which over the counter medication matter what your profession is. Once a team Rollcall vote 248, on motion to suspend the they will provide. wins a championship they become a target, rules and agree, as amended—H. Res. Despite action by the Food and Drug Ad- and their foes become even more determined 1301—Supporting the goals and ideals of Na- ministration to make emergency contraception to defeat them. tional Train Day—I would have voted ‘‘nay.’’ available without a prescription to women over But to this point, I would evoke the words of May 6, 2010. the age of 17, refusals among pharmacists Green Bay Packers legendary football Coach Rollcall vote 249, on agreeing to the resolu- continue to be a problem. Access to birth con- Vince Lombardi who once said, ‘‘Winning is tion—H. Res. 1329—Providing for consider- trol is especially important for women living in

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.022 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E848 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 rural areas who may not have multiple phar- continued participation of the greatest number cious classrooms, offices, gymnasium, library, macies near them and for women from low-in- of small manufacturers across the Nation who and computer lab, as well as a modern play come communities who lack the resources to depend on this program to help them contin- yard. Today it houses students in grades K– find another pharmacy in the appropriate time. ually innovate. 8. Women from all walks of life are being trau- I recognize that many of my colleagues are But the school’s biggest asset is its commu- matized and humiliated at the hands of phar- concerned that this bill authorizes spending nity of students, parents, and staff who work macists who are denying them their right to more than $80 billion over the next 5 years. together to create a learning environment that contraception based on their own personal be- Indeed, our economy is suffering, we are addresses the whole student. To achieve this, liefs. deeply in debt, and fiscal restraint must be ex- Guerneville School District offers ‘‘a campus The Access to Birth Control, ABC, Act is an ercised. However, if there is ever an invest- that is friendly, safe, and welcoming; a district important step in protecting a woman’s con- ment that will guarantee an economic return, that accepts and is committed to diversity; and stitutional right to contraception. Birth control this is it. an educational environment that promotes and emergency contraception are part of The reality is that if we are unwilling to unity of staff on both professional and commu- women’s basic health care and pharmacists spend this money now, we are deciding to pay nity levels.’’ should not have the right to interfere. it later to other countries that make these in- The school also works in partnership with f vestments today and produce the products the larger community to impart a sense of citi- that we will need tomorrow. A recent article in zenship to the students and secure local sup- AMERICA COMPETES The Economist focused on emerging inter- port. One of its programs, Circle of Sisters, REAUTHORIZATION ACT OF 2010 national markets, and noted that: was started as a pilot project by St. Joseph Last year productivity in China grew by Health System to promote the self esteem of SPEECH OF 8.2%, compared with a rise of 1.0% in Amer- middle school girls; Circle of Sisters was such HON. VERNON J. EHLERS ica and a decline of 2.8% in Britain. A few a success that it has been replicated around years ago Airbus and Boeing were willing to OF MICHIGAN the area. outsource only basic work to Indian firms, IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I congratulate the but now they entrust some of their most Guerneville School District and all of its family, complicated tasks to them. Wednesday, May 12, 2010 friends, alumni, students, and staff as they cel- The House in Committee of the Whole Other countries are now competing with us ebrate this momentous occasion. Happy 150th House on the State of the Union had under not only on cost, but also creativity. We have birthday! consideration the bill (H.R. 5116) to invest in thought for years that there are certain innova- f innovation through research and develop- tive activities that will only happen in the ment, to improve the competitiveness of the United States, but I feel less certain that is still RECOGNIZING THE SIGNIFICANT United States, and for other purposes: the case. To keep on the cutting edge of cre- ACCOMPLISHMENTS OF AMERI- Mr. EHLERS. Madam Chair, in 2007, Con- ativity, we must make these investments in CORPS gress responded to the recommendations of science and technology, or we will simply be many experts that the federal government left behind. SPEECH OF must increase its investment in basic research Science and technology are the funda- HON. DAVID WU and in science and math education by passing mental movers of our economy, and if we OF OREGON the America COMPETES Act. The reauthor- want to remain globally competitive, this bill is IN THE HOUSE OF REPRESENTATIVES ization before us today continues the United the surefire way to guarantee results. The divi- States on the path of investing in programs dends paid by training scientists, engineers, Wednesday, May 12, 2010 that will keep the U.S. competitive in the glob- and teachers will multiply throughout all sec- Mr. WU. Madam Speaker, I rise today to al economy. tors of our economy. honor AmeriCorps Week, and the nearly Beginning in 2006, President Bush’s Amer- I want to thank Chairman GORDON and 12,000 Oregonians who are AmeriCorp alumni ican Competitiveness Initiative (ACI) launched Ranking Member HALL for working on this leg- that have pledged to ‘‘get things done for a three-pronged approach to competitiveness islation. I hope my colleagues will support this America’’ since the program began in 1994. by strengthening research at the National investment in our Nation’s future. Whereas service to others is a hallmark of Science Foundation, the Office of Science at f the American character, and throughout our the Department of Energy, and the labora- history citizens have stepped up to meet our tories and construction of the National Institute HONORING GUERNEVILLE SCHOOL challenges by volunteering in their commu- of Standards and Technology, NIST. The DISTRICT nities; and America COMPETES Act of 2007 established Whereas those AmeriCorps members have a 7-year doubling funding pathway for these HON. LYNN C. WOOLSEY served more than 774 million hours nation- agencies and also included some new ideas, OF CALIFORNIA wide, including 14,388,200 served by resi- such as the establishment of a DARPA-like IN THE HOUSE OF REPRESENTATIVES dents from Oregon, helping to improve the agency at the Department of Energy. ARPA– lives of our State’s most vulnerable citizens, Thursday, May 13, 2010 E is still in its infancy, but testimony before the strengthen our educational system; protect our Science and Technology Committee indicates Ms. WOOLSEY. Madam Speaker, I rise environment, and contribute to our public safe- that this agency has the potential to overcome today to honor Guerneville School District on ty, and; some of the greatest hurdles to commer- the occasion of its 150th anniversary. The Whereas the Corporation for National and cialization of innovative energy technologies. school can trace its history to several separate Community Service State Office and Oregon The reauthorization bill provides more flexi- one-room schools in Russian River commu- Volunteers! Commission on Voluntary Action bility to ARPA–E and increases its authoriza- nities in Sonoma County, CA. The earliest was and Service play a key role in determining tion in future years. founded in 1860, and the last one merged into where AmeriCorps resources should be di- The reauthorization measure before us the Guerneville School District in 1955. rected to meet State and local needs; and today also focuses on the challenges facing The direct forerunner of the school opened Whereas residents of Oregon have earned our nation’s manufacturers by broadening and its doors in the old-time logging town of more than $32,097,912 in Segal AmeriCorps strengthening manufacturing extension serv- Guerneville on First Street, in a building which Education Awards to help pay for college or ices and reviving manufacturing innovation now houses the Sonoma County Veterans’ pay back student loans; and through research and development. Although Memorial Hall. There were four classrooms Whereas AmeriCorps members, after their manufacturing has experienced tremendous serving students in first through eighth grades. terms of service end, remain engaged in our technological gains over the last few years, In 1949 the school moved to its current loca- communities as volunteers, teachers, public international competition has exacted a toll on tion, one mile north on Armstrong Woods servants, and nonprofit leaders in dispropor- our Nation’s manufacturers. Furthermore, to- Road. tionately high levels; and day’s economy has placed a great strain on Guerneville School District operates from Whereas last year I cosponsored and States to participate in federal programs like the Armstrong Woods Road site today, al- helped pass the Edward M. Kennedy Serve the Manufacturing Extension Partnership at though it has gone through many trans- America Act which sets AmeriCorps on a path NIST. This bill would temporarily relax the formations to raise it above flood level and to to grow to 250,000 members by the year 2017 cost-share requirements on States to allow for gradually replace the original rooms with spa- and focuses AmeriCorps on critical national

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.024 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E849 issues of education, health, clean energy, vet- HONORING THE 2ND AIR DIVISION ical Research Foundation, which is holding its erans, and economic opportunity; and OF THE 8TH AIR FORCE 15th annual ‘‘One More Victory, Ara!’’ event in Whereas, AmeriCorps Week, May 8–15, Tucson, Arizona on May 14 and 15. 2010, is an opportune time for the people of HON. DUNCAN HUNTER The Foundation was established by in 1994 Oregon to salute AmeriCorps members and OF CALIFORNIA by Cindy and Mike Parseghian after three of alums for their service; thank AmeriCorps’ IN THE HOUSE OF REPRESENTATIVES their four children were diagnosed with Niemann-Pick Type C disease. It is named for community partners; and bring more Ameri- Thursday, May 13, 2010 cans into service: Therefore, be it the children’s grandfather, Ara Parseghian. Mr. HUNTER. Madam Speaker, I rise before Niemann-Pick Type C disease is a genetic, Resolved, that I, DAVID WU, do hereby rec- the House today to remember the American neurodegenerative disorder that causes pro- ognize AmeriCorps Week and urge citizens to heroes of the 2nd Air Division of the 8th Army gressive deterioration of the nervous system. thank AmeriCorps members and alumni for Air Force, and the designers and manufactur- It affects children by interfering with their abil- their service and to find ways to give back to ers of the B–24 Liberator whom served our ity to metabolize cholesterol. This metabolic their communities. country so honorably during WWII. disorder results in neurological problems that The 8th Air Force—known better as the are ultimately fatal. f ‘‘Mighty Eighth’’—was part of the largest air Tragically, Mike and Cindy’s three children, EXPRESSING SYMPATHY FOR strike force in history, flying bombing missions Michael, Marcia and Christa lost their lives to FLOOD VICTIMS IN SOUTHEAST over Europe from November 1942 to April Niemann-Pick Type C disease. But as Cindy, 1945. While pilots and crewmen were trained has said, ‘‘they have given us a legacy of in Pueblo, Colorado, their aircraft—the B–24 hope.’’ Cindy, Mike and their extended family SPEECH OF Liberator—had its manufacturing headquarters has not been defeated by the deaths of their in San Diego. children. With incredible determination and HON. LAURA RICHARDSON In the peak of the wartime efforts, 11 Lib- hope they have devoted themselves to finding OF CALIFORNIA erators were built a day, and more Liberators a way to conquer this disease. IN THE HOUSE OF REPRESENTATIVES were produced than any other four-engine Great progress has been made through re- bomber in World War II, including the famous search supported by the Foundation. Sci- Wednesday, May 12, 2010 B–17 bomber. Over 18,000 bombers were entists funded by the Foundation have identi- fied the gene responsible for causing NP–C. Ms. RICHARDSON. Mr. Speaker, I rise made by Consolidated Aircraft Corporation in This discovery has played a major role in today in strong support of House Resolution San Diego between the years of 1939 and moving Niemann-Pick research to a new and 1337, expressing the sympathy and condo- 1945, and over 45,000 San Diegans helped in encouraging level. lences of the House of Representatives to the manufacturing process. On her desk, Cindy Parseghian keeps a those affected by the flooding in Tennessee, The B–24 Liberator carried a crew of 8 to quote by physicist, inventor and rocketry pio- Kentucky, and Mississippi in May 2010. 10 men, and was powered by four 1,200 horsepower engines and carried 2,750 gallons neer Robert H. Goddard: ‘‘The dream of yes- I would like to acknowledge Speaker PELOSI of fuel. Many of the B–24 missions were round terday is the hope of today . . . and the re- and Chairman OBERSTAR for their leadership trips of 1,500 miles, and the planes were not ality of tomorrow.’’ in bringing this important resolution to the pressurized or heated; crewmen wore oxygen Those dreams and hopes are carried for- floor. I would also like to thank my colleague masks on high altitude missions and were ex- ward by the Ara Parseghian Medical Research Congressman COOPER, who authored this leg- posed to temperatures that could reach minus Foundation, which has raised more than $33 islation. 50 degrees Fahrenheit. Despite these condi- million. That money has been used to fund As Chair of the Homeland Security Sub- tions, the 2nd Air Division dropped over more than 75 research projects, which the committee on Emergency Communication, 630,000 tons of bombs and destroyed thou- Parseghian family believes will prevent other Preparedness, and Response, I stand with my sands of enemy aircraft. families from having to lose a child to this dis- colleagues in expressing our deepest sym- In San Diego, we honor their service at the ease. pathy to those affected by this recent flooding. Veterans Memorial Garden in the Air Garden, The family’s cause has become our commu- The State of Tennessee was hit by unprece- which is the first city park to honor the ground nity’s cause and this weekend hundreds of dented rainfall that resulted in the massive and flight crews of the bomber, along with the people will gather to once again show their flooding of areas in and around Nashville. Ac- citizens of San Diego who helped build it. support for the Foundation and its critical mis- cording to the National Weather Service of the Madam Speaker, we will never forget the sion. National Oceanic and Atmospheric Administra- bravery displayed by the men of the 2nd Air The Foundation is a labor of love for the tion, the two-day rainfall totals of 13.53 inches Division, 8th Air Force. We will remember their Parseghian family and for many others but we more than doubles the previous record of 6.68 sacrifice and patriotism, especially as the re- all know that the hardest worker, the force be- inches set in September, 1979. Unfortunately, maining members meet on June 5th for their hind the Foundation, is Cindy Parseghian. the storms causing the rainfall claimed the annual reunion. So, as we remember the con- While Cindy would not want to be singled out lives of 31 people across Tennessee, Ken- tributions made by the members of the 2nd Air for all that she has done, we do so today on tucky, and Mississippi. My heart goes out to Division, 8th Air Force, we shall never forget behalf of a grateful community and in recogni- their families and loved ones. that the freedoms we enjoy today are because tion of her dedication to the work of the Foun- In addition, the storms destroyed homes of the courage and valor displayed by those dation over the past 15 years. and displaced thousands of people across who fought to protect them. As a veteran my- I commend the Parseghian family for their Tennessee, and the flooding affected travel self, I take great pride in recognizing the 2nd courageous fight on behalf of children across along hundreds of roads throughout Ten- Air Division and the San Diego community for our country and the world. The fight has been nessee, including interstate highways 40 and their contributions and tireless efforts that difficult but, with the progress they have made, 24. Schools and universities across the region were so critical to our success and ultimate the final victory is within sight. were closed. However, in this time of need, victory in World War II. f citizens and emergency responders worked to- f SATELLITE TELEVISION gether to aid their neighbors after the storm. I CONGRESSIONAL RECOGNITION EXTENSION AND LOCALISM ACT want to express my gratitude and appreciation FOR THE ARA PARSEGHIAN to the people of the State of Tennessee and MEDICAL RESEARCH FOUNDA- SPEECH OF the surrounding States, who continue to work TION to protect people from the floodwaters and aid HON. ANNA G. ESHOO in the recovery efforts. OF CALIFORNIA HON. GABRIELLE GIFFORDS IN THE HOUSE OF REPRESENTATIVES In conclusion, Mr. Speaker, I stand with my OF ARIZONA colleagues today to honor the emergency re- Wednesday, May 12, 2010 IN THE HOUSE OF REPRESENTATIVES sponders across Tennessee for their bravery Ms. ESHOO. Mr. Speaker, I rise today in and sacrifice during this tragedy. Thursday, May 13, 2010 support of S. 3333, the Satellite Television Ex- Mr. Speaker, I urge my colleagues to join Ms. GIFFORDS. Madam Speaker, I rise tension and Localism Act of 2010. I’m pleased me in supporting H. Res. 1337. today to recognize the Ara Parseghian Med- that the Senate finally passed its version of a

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13MY8.027 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E850 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 bill that the House passed last December, and resistant, with estimates of up to 28 percent search and development incentives, but it also I look forward to enactment and implementa- drug resistant reported in some parts of Rus- makes significant strides in building and im- tion of much-needed improvements to the sia. Of these numbers, it is estimated that only proving our manufacturing base. In particular, laws governing the transmission of satellite 7 percent are receiving treatment. this bill improves the Manufacturing Extension signals to American consumers. Although drugs, diagnostics and vaccines Program. The MEP is a network of 59 centers Among this bill’s many consumer-oriented for TB exist, these technologies are antiquated located in every state and Puerto Rico that regulations is Section 207, which ensures that and are increasingly inadequate for controlling provides a range of serves to small and me- satellite providers do not discriminate against the global epidemic. The most commonly used dium sized manufacturing. This program has noncommercial high definition signals. I draft- TB diagnostic in the world, sputum micros- been very successful to the manufacturing in- ed this language to protect the rights of con- copy, is more than 100 years old and lacks dustry in my state of Utah. sumers to receive federally funded program- sensitivity to detect TB in most HIV/AIDS pa- Manufacturing is the largest trade in the ming broadcast by America’s Public Broad- tients and in children. State of Utah and 99% of the 4,000 manufac- casting Service, PBS. Drug susceptibility tests for drug resistant turers in the state are small businesses. This Without this provision, PBS stations cannot TB take 2–4 weeks to complete, during which bill provides innovative technology federal loan compete for viewers with commercial stations time a drug resistant TB patient in a devel- guarantees for small and medium sized manu- favored by satellite contracts. This problem is oping country may die. The TB vaccine, BCG, facturers to help them access capital to be- particularly troubling in the case of DISH Net- provides some protection to children, but has come more efficient and stay competitive. In 2008 the federal investment of $1 million work, which covers 93 percent of U.S. house- little or no efficacy in preventing pulmonary TB dollars in Utah’s MEP, matched by State and holds but only carries local PBS HD broad- in adults. We will never be able to defeat TB private sector funds, resulted in work for over casts in Alaska and Hawaii—where they are without the introduction of new identification, 400 manufacturers, of which 94 were major legally obligated to do so. The behavior of treatment and prevention tools. projects with quantifiable impacts. Madam DISH contrasts with Direct TV, which volun- World TB Day also provides us with an op- Chair, we need to invest in cost effective pro- tarily offers 106 PBS HD channels in its re- portunity to celebrate the significant gains grams that help create jobs and MEP is an ex- gions of operation. made in the fight against TB and reminds us ample of this success. I have visited many of of the challenges ahead. Since 1995, 36 mil- With the enactment of this bill, 14 million the small businesses that have benefited from lion people around the world have successfully satellite viewers will have a date certain when the MEP center in Utah and I believe that they been treated for TB and 9 million lives have they will receive PBS HD signals, and PBS are worthwhile and extremely beneficial. stations will have an even playing field when been saved. their signals are distributed via satellite pro- Less than 2 years ago, this Congress f viders. passed two historic laws to combat TB. The HONORING SENATOR JAMES My language is a simple and direct solution Comprehensive TB Elimination Act authorizes BARCIA to a problem that undermines consumer rights the tools to put the U.S. on the path to TB and shortchanges PBS carriage: elimination and the Lantos-Hyde Act, with mul- HON. DALE E. KILDEE Carriers will give their customers local non- tilateral commitment, aims to reduce the global OF MICHIGAN commercial HDTV transmissions when car- TB burden by half within a decade. IN THE HOUSE OF REPRESENTATIVES rying other locally broadcast HD signals. Both of these laws would support an in- It provides for carriage compliance for 50 creased research investment to get us the Thursday, May 13, 2010 percent of the stations by the end of 2010, new TB diagnostic, treatment and prevention Mr. KILDEE. Madam Speaker, today I ask with an extra year for the remainder, thus ac- tools that we urgently need. With enactment of the House of Representatives to join me in celerating the FCC 2013 date. these 2 laws, we have the power to combat honoring Senator James Barcia, former Mem- When new service is initiated, noncommer- TB effectively and reduce the human misery ber of Congress, and current Senator rep- cial stations will get equal treatment. that this disease wreaks around the world. resenting Michigan’s 31st State Senate Dis- Carriers will have one last opportunity to I want to commend Rep. ENGEL for his tre- trict. The Bay City Branch of the NAACP will sign a contract prior to the date of enactment mendous efforts on TB awareness and urge celebrate Senator Barcia’s service at their to receive a safe harbor from the hard dead- my colleagues to support H. Res. 1155. Freedom Fund Banquet on May 16th. lines in the bill. f After Jim Barcia graduated from Bay City I look forward to final passage of the Sat- Central High School he went on to earn a AMERICA COMPETES ellite bill, and especially the anti-discriminatory Bachelor’s Degree from Saginaw Valley State REAUTHORIZATION ACT OF 2010 section which is so essential to America’s con- University in 1974. During his college career he was elected student body president and sumers. SPEECH OF began his lifelong commitment to public serv- f HON. JIM MATHESON ice. Jim was elected to three terms in the COMMENDING PROGRESS MADE BY OF UTAH Michigan House of Representatives, and five ANTI-TUBERCULOSIS PROGRAMS IN THE HOUSE OF REPRESENTATIVES terms in the United States Congress. He is now serving his fifth term in the Michigan SPEECH OF Wednesday, May 12, 2010 State Senate. In this capacity he serves as the The House in Committee of the Whole Chair of the Senate Committee on Hunting, HON. GENE GREEN House on the State of the Union had under Fishing and Outdoor Recreation. As a member OF TEXAS consideration the bill (H.R. 5116) to invest in of the Senate Appropriations Committee he IN THE HOUSE OF REPRESENTATIVES innovation through research and develop- sits on the Human Services Subcommittee, ment, to improve the competitiveness of the Wednesday, May 12, 2010 the Community Health Subcommittee and is United States, and for other purposes: the Minority Vice-Chair of the Higher Edu- Mr. GENE GREEN of Texas. Mr. Speaker, Mr. MATHESON. Madam Chair, I support cation, State Police and Military Affairs sub- I rise today in support of H. Res. 1155, com- H.R. 5116, the ‘‘America COMPETES Act of committees. He is also the Associate Presi- mending the progress made by anti-tuber- 2010.’’ dent Pro Tempore of the Senate. Senator Bar- culosis programs. This bill makes important investments in cia is married to Vickie Bartlett; he has two Tuberculosis is the second leading global in- science, innovation and education to strength- stepchildren and six grandchildren. fectious disease killer behind HIV/AIDS, claim- en U.S. businesses and create jobs in the Madam Speaker, I ask the House of Rep- ing approximately 1.8 million lives each year. short and long term. This bill expands, resentatives to join me in applauding the ca- It is estimated that 1⁄3 of the world’s population strengthens and aligns STEM education pro- reer and life of one of its own. Jim Barcia is is infected with TB. This disease kills people grams at all levels of education. It fosters re- a dedicated, unswerving, public servant. He is of all races and ages around the world. search by reauthorizing the National Science a dear friend, and I have valued his insight The global TB pandemic and spread of drug Foundation and National Institute of Science over the years. I congratulate him for being resistant TB presents a persistent public and technology labs. honored by the Bay City Branch of the health threat to the U.S. The WHO reports Not only does this bill strengthen the U.S. NAACP for his commitment to their goals and that 5 percent of all new TB cases are drug competiveness with countries abroad with re- to the community.

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 8472 E:\CR\FM\A13MY8.031 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 13, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E851 CONGRATULATING MR. AND MRS. A strategic partner of the United States, First, I commend the alertness and aware- HERBERT FISHER, SR. ON THE Azerbaijan works with the U.S. on major eco- ness of Mr. Lance Orton and Mr. Duane Jack- OCCASION OF THEIR 86TH WED- nomic and security matters. Most profoundly, son for ‘‘seeing something’’ and ‘‘saying some- DING ANNIVERSARY Azerbaijan has been an ally for the United thing’’ to law enforcement. If it were not for States in terms of sending troops to Iraq and these citizens, many others could have been Afghanistan. They work with area nations to hurt and Mr. Shahzad might not have been HON. G.K. BUTTERFIELD secure borders and deny illegal trafficking, and apprehended. This is the kind of vigilance is OF NORTH CAROLINA are an important component of NATO’s Part- vital to our homeland security efforts. IN THE HOUSE OF REPRESENTATIVES nership for Peace program. Second, I want to thank the citizens of New Thursday, May 13, 2010 Their robust oil market provides western na- York for helping and cooperating with law en- Mr. BUTTERFIELD. Madam Speaker, I rise tions the means to power our economies. forcement during the precautionary evacu- to recognize and congratulate New Bern, I thank the nation of Azerbaijan for their ations in the vicinity of Times Square. I also North Carolina residents Zelmyra and Herbert continued journey towards democracy, and for want to acknowledge New Yorkers and their Fisher, Sr. on 86 years of marriage—the long- their enduring strategic partnership in the re- resilient nature and ability to return to life as est marriage of a living couple in the world. gion and around the world. normal. Mrs. Zelmyra Fisher, born on December 10, The United States congratulates all Azer- Third, I want to express my deep apprecia- 1907, and Mr. Herbert Fisher, Sr., born on baijani citizens, and Azerbaijanis around the tion for the professionalism and collective re- June 10, 1905, have been married since 1924. world, on the occasion of the 92nd anniver- sponse of the following law enforcement agen- In that year, Calvin Coolidge was President; sary of Azerbaijan Republic Day. cies: New York City Police Department, in par- New York taxis cost 10 cents per half-mile; the f ticular Police Officer Wayne Rhatigan of Mounted Unit Troop B, the Fire Department of Teapot Dome Scandal broke; the Ford Model PERSONAL EXPLANATION T was the most popular automobile; and a New York, the New York Police Department postage stamp cost 2 cents while bread cost Bomb Squad, led by Lieutenant Mark Torre 9 cents a loaf. HON. NIKI TSONGAS and other first responders, the Federal Bureau of Investigation, United States Customs and In 1942, Mr. Fisher built what would become OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Border Protection, the Transportation Security the family’s home in the James City neighbor- Administration, the United States Attorney’s hood. Mr. and Mrs. Fisher would raise five Thursday, May 13, 2010 Office for the Southern District of New York, children in that home, and continue to live Ms. TSONGAS. Madam Speaker, I was un- the Department of Homeland Security, the De- there today. The couple met in elementary partment of Justice, the New York Joint Ter- school and married when he was 19 years old avoidably detained and was unable to cast a vote on rollcall 260. I would like the record to rorism Task Force, the Bridgeport Police De- and she was 18 years old, and they have partment, Detective Bureau, Patrol Division, shared 86 blissful years. reflect that I would have voted ‘‘aye’’ in sup- port of H.R. 5014, a bill that clarifies that and other law enforcement agencies in Con- On Valentine’s Day this year, Mr. and Mrs. health care provided by the Secretary of Vet- necticut. Fisher gave free marriage advice on Twitter. erans Affairs meets minimum essential cov- Finally, I want to say that without these citi- When asked to share the best marriage ad- erage requirements for individual health insur- zens and the collaborative effort of law en- vice they’ve received, they advised couples to ance under the newly enacted health care re- forcement, we would not have the mountain of ‘‘respect, support and communicate with each form law. Our Nation’s veterans and their fam- evidence we have now, including two addi- other. Be faithful, honest and true. Love each ilies have sacrificed so much and it is our obli- tional unnamed suspects in custody. It is also other with all of your heart.’’ gation to ensure they receive the benefits and more likely true that according to the Attorney Mr. Fisher, a retired worker from the Coca- health care they so rightly deserve. General, the Pakistani Taliban was likely in- Cola Bottling Company, has a great passion f volved in planning this attempted attack. As for baseball, especially for his two favorite such, we must remain vigilant against ter- teams, the New York Yankees and the Atlanta HONORING THE CITIZENS OF NEW rorism and our enemies. Braves. Mrs. Fisher, a retired caretaker, great- YORK FOR THE ATTEMPTED Madam Speaker, while I know others may ly enjoys reading the Bible. TERRORIST ATTACK IN TIMES say that we just got lucky this time, I say that Mr. and Mrs. Fisher have contributed a life- SQUARE they are missing the point. Our post–9/11 ef- time of service to the fabric of their community forts to foster greater vigilance among our citi- through various community organizations and HON. BENNIE G. THOMPSON zens and a culture of preparedness and col- their respective churches, Jones Chapel OF MISSISSIPPI laboration among first responders and law en- A.M.E. Zion and Pilgrim Chapel Missionary IN THE HOUSE OF REPRESENTATIVES forcement paid off. Further, we stayed true to Baptist. our cherished constitutional principals as we Madam Speaker, I ask my colleagues to join Thursday, May 13, 2010 initiated this wide-scale collective response to me in recognizing and congratulating Mr. and Mr. THOMPSON of Mississippi. Madam terrorism. As evidenced by what we saw on Mrs. Zelmyra and Herbert Fisher, Sr. on the Speaker, I rise in support of this resolution May 2, 2010, the citizens of New York and blessing of 86 years of marriage. They serve honoring and expressing support for the vigi- this great country are and remain committed as a wonderful and enduring inspiration of lance and prompt response of the citizens and to living their lives in the pursuit of the cher- love, family and sacrifice. law enforcement agencies in New York and ished tradition we have celebrated since our f Connecticut, as well as Federal authorities, to country’s start and that is the pursuit of free- the attempted terrorist attack in Times Square dom. 92ND ANNIVERSARY OF on May 1, 2010, their exceptional profes- f AZERBAIJAN REPUBLIC DAY sionalism and investigative work following the attempted attack, and their consistent commit- HONORING THE BOY SCOUTS OF HON. SOLOMON P. ORTIZ ment to preparedness for and collective re- AMERICA ON THEIR 100TH ANNI- OF TEXAS sponse to terrorism. VERSARY IN THE HOUSE OF REPRESENTATIVES Just less than 54 hours is what it took for Federal law enforcement agencies, including Thursday, May 13, 2010 HON. BART STUPAK the Department of Homeland Security, to iden- OF MICHIGAN Mr. ORTIZ. Madam Speaker, I rise to com- tify, find, and apprehend Mr. Faisal Shahzad, IN THE HOUSE OF REPRESENTATIVES memorate the 92nd anniversary of the inde- the prime suspect for this attempted act of ter- pendence of the Republic of Azerbaijan, cele- ror. Thursday, May 13, 2010 brated on May 28th. During the 54 hours, the New York Police Mr. STUPAK. Madam Speaker, I rise to Located in a highly political, dynamic and Department, working with Federal and State honor the Boy Scouts of America on their sensitive region between Russia and Iran, law enforcement agencies, including the Fed- 100th anniversary and to pay tribute to the im- Azerbaijan is a proud ally of the United States. eral Bureau of Investigation, and others identi- pact scouting has had on the lives of count- An emerging democracy, Azerbaijan has taken fied and began unraveling the tangled web less young men over the past century. As the world stage as a member of the Council that eventually led to Mr. Shahzad’s arrest. members of the Hiawathaland Council in of Europe, the United Nations, and the Organi- This arrest could not have been made without Michigan’s Upper Peninsula gather this week- zation of Security and Cooperation in Europe. the help of several people and organizations. end to celebrate the Boy Scouts’ centennial, I

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 8470 E:\CR\FM\A13MY8.035 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E852 CONGRESSIONAL RECORD — Extensions of Remarks May 13, 2010 ask that the U.S. House of Representatives dustrial, commercial, low-income, consumer, birthday. Mr. Kaplan is an active constituent in join me in commemorating 100 years of scout- and environmental advocates alike. my district who still walks, drives, and plays ing. By taking the idea national, and offering re- bridge. We should all be so lucky to live such The Boy Scouts of America was created on bates for energy-saving home retrofits like in- a fruitful life! Congratulations to Theodore on February 8, 1910 with a purpose of teaching sulation and duct sealing, the bill will create this joyous occasion. young men patriotism, courage, self-reliance over 168,000 jobs across the country for elec- f and kindred values. By 1912, Boy Scouts trical workers. were in every state, and in 1916 Congress I want to thank Mr. WELCH and Chairmen OUR UNCONSCIONABLE NATIONAL granted the Boy Scouts of America a federal WAXMAN and MARKEY for working with Con- DEBT charter. gresswoman CHELLIE PINGREE and I to include Across the country, every Boy Scouts coun- language requiring Home Star implementers to cil commits each scout to perform 12 hours of coordinate with existing State efforts like the HON. MIKE COFFMAN community service a year, totaling 30 million CEEF. This will help ensure that leading OF COLORADO hours of community service annually. In addi- States like Connecticut can maximize their im- IN THE HOUSE OF REPRESENTATIVES tion to the commitment young men show to pact, using both State and Federal resources, scouting, more than 1 million adult scout lead- when it comes to energy efficiency. Thursday, May 13, 2010 ers are selflessly serving young people in their This is a great bill, and I urge my colleagues Mr. COFFMAN of Colorado. Madam Speak- communities through organizations chartered to support it. er, today our national debt is by the Boy Scouts of America. f $12,923,161,977,864.28. As an Eagle Scout myself, I have a special On January 6, 2009, the start of the 111th appreciation for the rich history and tradition of TRIBUTE TO PATRICIA’S MEXICAN RESTAURANT ON ITS 25TH ANNI- Congress, the national debt was scouting that has touched so many lives over $10,638,425,746,293.80. the past 100 years. The lessons young men VERSARY learn as scouts help guide them throughout This means the national debt has increased their lives. by $2,284,736,231,570.48 so far this Con- HON. IKE SKELTON gress. In scouting, you learn to do a good deed ev- OF MISSOURI eryday. The world would be a better place if IN THE HOUSE OF REPRESENTATIVES This debt and its interest payments we are passing to our children and all future Ameri- we all lived by this simple creed. In scouting, Thursday, May 13, 2010 you learn to leave your campsite in better cans. shape than you found it. Many scouts grow up Mr. SKELTON. Madam Speaker, it was re- f to be leaders in their communities or here in cently brought to my attention that Patricia’s the United States Congress and strive to leave Mexican Restaurant in Sedalia, Missouri, is RECOGNITION OF E. CHARLES CON- things better than they found them. celebrating its 25th year in business. Let me NOR’S ELEVATION TO JURISDIC- For a century now, scouting has helped to take this opportunity to congratulate the own- TIONAL BISHOP instill in young men the values of good con- ers of Patricia’s, Patricia Ives and Gary Farr, duct, respect for others and honesty. Scouting for operating such a thriving business for so HON. DANIEL E. LUNGREN has taught young men skills that will last a life- many years. time, including basic outdoors skills, first aid, Pat Ives, who is originally from Creighton, OF CALIFORNIA citizenship, leadership, and how to get along Missouri, first started a business in Sedalia as IN THE HOUSE OF REPRESENTATIVES with others. Scouting teaches the values and the owner of a Mexican restaurant franchise Thursday, May 13, 2010 knowledge to become leaders in our commu- known as El Sambre, which was located in nities and our country. Liberty Plaza. In 1993, she bought the rights Mr. DANIEL E. LUNGREN of California. Madam Speaker, the lives of millions of to the restaurant and changed its name to Madam Speaker, I rise today to recognize and young men, including many members of this Patricia’s Mexican Restaurant. In 1990, Pat’s honor E. Charles Connor’s elevation to Juris- chamber, have benefited from their experi- son, Gary Farr, joined his mother in running dictional Bishop within the Church of God in ences in scouting. Too often, the valuable the restaurant, which moved from Liberty Christ. contribution of scouting to our communities Plaza to a new, architecturally unique building Bishop Connor is a graduate of the Univer- and to the development of future leaders goes in 1998. sity of San Francisco and has also completed unrecognized. As the Hiawathaland Council Pat and Gary have run their successful res- the Hospital Administrator’s Course at the U.S. gathers in Marquette, Michigan this weekend taurant with a great deal of common sense Air Force School of Applied Health Science at to commemorate the 100th anniversary of the and a compassion for their employees and for Sheppard Air Force Base, Texas. Boy Scouts of America, I ask that you, Madam their community. Speaker, and the entire U.S. House of Rep- They care genuinely about the people who E. Charles Connor has spent much of his resentatives join me in congratulating the Boy help them operate their restaurant. This kind- life in public service. Governor George Scouts of America on 100 years of scouting. ness has generated deep loyalty among their Deukmejian appointed Connor to serve on the f workforce and among those who have worked Board of Vocational Nurses, Psychiatric Tech- at Patricia’s Mexican Restaurant through the nician Examiners from 1989 to 1992, and was HOME STAR ENERGY RETROFIT years. By encouraging hard work and the de- re-appointed by Governor Pete Wilson to ACT OF 2010 velopment of good people skills, Pat and Gary serve from 1992 to 1996 where he rose to the have helped transform many young Missou- level of Vice President of the Board. Connor SPEECH OF rians, the restaurant’s first-time workers, into also serves in the U.S. Air Force Reserve as HON. ROSA L. DeLAURO responsible citizens. Many of these folks are a Hospital Administrator in the grade of Major, OF CONNECTICUT now contributing within their own communities after having served in the U.S. Air Force for IN THE HOUSE OF REPRESENTATIVES and to our country. 26 years—participating in the Viet Nam War Pat and Gary are good employers, which is Thursday, May 6, 2010 and the Persian Gulf War. why it is no surprise that they have been in Within the church, Bishop Charles Connor The House in Committee of the Whole business for 25 years. I know my fellow col- House on the State of the Union had under has spent 18 years working overseas with var- leagues in the House of Representatives will ious ministries in Korea, Jamaica, Japan, and consideration the bill (H.R. 5019) to provide join me in paying tribute to Patricia’s Mexican for the establishment of the Home Star Ret- Restaurant on its important milestone and in the Philippines. rofit Rebate Program, and for other pur- Connor is the Bishop of the St. Lucia East- poses: honoring all who have worked for Pat Ives and Gary Farr through the years. ern Caribbean Jurisdiction, and while his main Ms. DELAURO. Madam Chair, I rise in sup- f responsibilities are ecclesiastical, Bishop Con- port of the Home Star Energy Retrofit Act, an nor’s goal is to respond to the needs of all important, commonsense bill that will help pro- HONORING THEODORE KAPLAN ON people; spiritual, natural and emotional. mote energy efficiency, conserve our re- HIS 100TH BIRTHDAY I am pleased to recognize and congratulate sources, spur job creation and the green Bishop E. Charles Connor for his dedication to economy, and save Americans money. HON. THEODORE E. DEUTCH the Church of God in Christ, his elevation to In my home State, excellent efficiency pro- OF FLORIDA Jurisdictional Bishop, and his contributions to grams like the Connecticut Energy Efficiency IN THE HOUSE OF REPRESENTATIVES our community at large. Fund have helped to reduce energy demand, improve air quality, and deliver savings of $3 Thursday, May 13, 2010 to $4 to customers for every $1 invested. That Mr. DEUTCH. Madam Speaker, I rise today is why they enjoy the support of business, in- to congratulate Theodore Kaplan on his 100th

VerDate Mar 15 2010 04:47 May 14, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 8470 E:\CR\FM\A13MY8.039 E13MYPT1 tjames on DSKG8SOYB1PROD with REMARKS Thursday, May 13, 2010 Daily Digest Senate Transportation Safety Board for fiscal years 2011 and Chamber Action 2012, and for other purposes, after agreeing to the Routine Proceedings, pages S3663–S3768 committee amendment in the nature of a substitute, Measures Introduced: Twenty-one bills and two and the following amendments proposed thereto: resolutions were introduced, as follows: S. Dodd (for Dorgan) Amendment No. 4038, to 3356–3376, and S. Res. 524–525. Page S3716 amend title 49, United States Code, to authorize ap- propriations for the National Transportation Safety Measures Reported: Board for fiscal years 2011 and 2012. Pages S3763–66 Special Report entitled ‘‘Social Security Mod- Dodd (for Dorgan/Rockefeller) Amendment No. ernization: Options to Address Solvency and Benefit 4039, to amend the title. Page S3766 Adequacy’’. (S. Rept. No. 111–187) Expressing Sympathy Regarding the Republic of S. 624, to provide 100,000,000 people with first- Korea Ship Cheonan: Senate agreed to S. Res. 525, time access to safe drinking water and sanitation on expressing sympathy to the families of those killed a sustainable basis by 2015 by improving the capac- in the sinking of the Republic of Korea Ship ity of the United States Government to fully imple- Cheonan, and solidarity with the Republic of Korea ment the Senator Paul Simon Water for the Poor in the aftermath of this tragic incident. Page S3766 Act of 2005, with an amendment in the nature of a substitute. (S. Rept. No. 111–185) Measures Considered: S. 2839, to amend the Torture Victims Relief Act Restoring American Financial Stability Act— of 1998 to authorize appropriations to provide assist- Agreement: Senate continued consideration of S. ance for domestic and foreign programs and centers 3217, to promote the financial stability of the for treatment of victims of torture, with an amend- United States by improving accountability and trans- ment in the nature of a substitute. (S. Rept. No. parency in the financial system, to end ‘‘too big to 111–186) Page S3715 fail’’, to protect the American taxpayer by ending Measures Passed: bailouts, to protect consumers from abusive financial services practices, taking action on the following National Stuttering Awareness Week: Senate amendments proposed thereto: agreed to S. Res. 524, supporting the goals and Pages S3664–83, S3684–S3711 ideals of National Stuttering Awareness Week 2010. Adopted: Pages S3683–84 By 64 yeas to 35 nays (Vote No. 146), Dodd (for Virgin Islands National Park: Senate passed Franken) Amendment No. 3991 (to Amendment H.R. 714, to authorize the Secretary of the Interior No. 3739), to instruct the Securities and Exchange to lease certain lands in Virgin Islands National Commission to establish a self-regulatory organiza- Park, after agreeing to the committee amendments. tion to assign credit rating agencies to provide ini- Pages S3761–62 tial credit ratings. Pages S3664, S3673–74, S3682 By 61 yeas to 38 nays (Vote No. 147), LeMieux Law Enforcement Officers Safety Act Improve- Modified Amendment No. 3774 (to Amendment ments Act: Senate passed S. 1132, to amend title 18, No. 3739), to remove statutory references to credit United States Code, to improve the provisions relat- rating agencies. Pages S3674–81, S3682–83 ing to the carrying of concealed weapons by law en- By 64 yeas to 33 nays (Vote No. 149), Dodd (for forcement officers, after agreeing to the committee Durbin) Modified Amendment No. 3989 (to amendment in the nature of a substitute. Amendment No. 3739), to ensure that the fees that Pages S3762–63 small businesses and other entities are charged for National Transportation Safety Board: Senate accepting debit cards are reasonable and proportional passed S. 2768, to amend title 49, United States to the costs incurred, and to limit payment card net- Code, to authorize appropriations for the National works from imposing anti-competitive restrictions on D530

VerDate Mar 15 2010 03:47 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D13MY0.REC D13MY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D531 small businesses and other entities that accept pay- Whitehouse Amendment No. 3746 (to Amend- ment cards. (A unanimous-consent agreement was ment No. 3739), to restore to the States the right reached providing that the amendment, having to protect consumers from usurious lenders. achieved 60 affirmatives votes, be agreed to). Pages S3708–09 Pages S3664, S3695–99, S3703–05 Dodd (for Rockefeller) Amendment No. 3758 (to Collins Amendment No. 3879 (to Amendment Amendment No. 3739), to preserve the Federal No. 3739), to mandate minimum leverage and risk- Trade Commission’s rule making authority. based capital requirements for insured depository in- Pages S3710–11 stitutions, depository institution holding companies, During consideration of this measure today, Senate and nonbank financial companies that the Council also took the following action: identifies for Board of Governors supervision and as DeMint/Vitter Amendment No. 3852 (to Amend- subject to prudential standards. Pages S3664, S3705–08 ment No. 4019), to require the completion of the Rejected: 700-mile southwest border fence not later than 1 By 42 yeas to 58 nays (Vote No. 148), Sessions year after the date of the enactment of this Act, fell Amendment No. 3832 (to Amendment No. 3739), when Dodd (for Wyden) Amendment No. 4019 (to to provide an orderly and transparent bankruptcy Amendment No. 3739) (listed above), was with- process for non-bank financial institutions and pro- drawn. Pages S3699–S3703 hibit bailout authority. A unanimous-consent agreement was reached pro- Pages S3664, S3668–70, S3673, S3686–91 viding for further consideration of the bill at 9:30 By 40 yeas to 55 nays (Vote No. 150), Dodd (for a.m., on Friday, May 14, 2010; provided further, Thune) Amendment No. 3987 (to Amendment No. that the following be the next first-degree amend- 3739), to provide for increased Congressional over- ments in order: Crapo amendment regarding to GSE sight through a sunset of the authority created under on budget; Udall (CO) Amendment No. 4016 re- title X related to the creation of the Bureau of Con- garding credit scores; Shelby Amendment No. 4010 sumer Financial Protection. Pages S3693–95, S3703–05 regarding consumer bureau; Vitter Amendment No. Withdrawn: 4003 regarding manufacturing; Cantwell/McCain Dodd (for Wyden) Amendment No. 4019 (to amendment regarding Glass-Stegall; and Cornyn Amendment No. 3739), to establish as a standing Amendment No. 3986 regarding IMF. Page S3767 order of the Senate that a Senator publicly disclose a notice of intent to objecting to any measure or Appointments: matter. Pages S3693–94, S4019 Board of Directors of the Office of Compliance: Pending: The Chair, on behalf of the Majority and Minority Reid (for Dodd/Lincoln) Amendment No. 3739, Leaders of the Senate and the Speaker and Minority in the nature of a substitute. Leader of the House of Representatives, pursuant to Pages S3664–83, S3684–S3711 Section 301 of Public Law 104–1, as amended by Brownback Modified Amendment No. 3789 (to Public Law 108–349, and further amended by Pub- Amendment No. 3739), to provide for an exclusion lic Law 111–114, announced the joint re-appoint- from the authority of the Bureau of Consumer Fi- ment of the following individuals as members of the nancial Protection for certain automobile manufac- Board of Directors of the Office of Compliance: Bar- turers. Page S3664 bara L. Camens of the District of Columbia and Ro- Brownback (for Snowe/Pryor) Amendment No. berta L. Holzwarth of Illinois. Page S3767 3883 (to Amendment No. 3739), to ensure small Harry S. Truman Scholarship Foundation business fairness and regulatory transparency. Board of Trustees: The Chair, on behalf of the Vice Page S3664 President, pursuant to Public Law 93–642, ap- Specter Modified Amendment No. 3776 (to pointed Senator Begich to be a member of the Harry Amendment No. 3739), to amend section 20 of the S. Truman Scholarship Foundation Board of Trust- Securities Exchange Act of 1934 to allow for a pri- ees, vice Senator Baucus. Page S3767 vate civil action against a person that provides sub- stantial assistance in violation of such Act. Removal of Injunction of Secrecy: The injunction Pages S3664–68, S3670–73 of secrecy was removed from the following treaty: Dodd (for Leahy) Amendment No. 3823 (to Treaty with Russia on Measures for Further Re- Amendment No. 3739), to restore the application of duction and Limitation of Strategic Offensive Arms the Federal antitrust laws to the business of health (Treaty Doc. No. 111–5). insurance to protect competition and consumers. The treaty was transmitted to the Senate today, Page S3664 considered as having been read for the first time, and

VerDate Mar 15 2010 03:47 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D13MY0.REC D13MY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D532 CONGRESSIONAL RECORD — DAILY DIGEST May 13, 2010 referred, with accompanying papers, to the Com- OPERATIONS IN AFGHANISTAN mittee on Foreign Relations and ordered to be print- Committee on Armed Services: Committee received a ed. Pages S3766–67 closed briefing on operations in Afghanistan from Nominations Received: Senate received the fol- General Stanley A. McChrystal, USA, Commander, lowing nominations: International Security Assistance Force, and Com- Mark Feierstein, of Virginia, to be an Assistant mander, United States Forces Afghanistan. Administrator of the United States Agency for Inter- national Development. NOMINATION Osvaldo Luis Grataco´s Munet, of Puerto Rico, to Committee on Finance: Committee concluded a hearing be Inspector General, Export-Import Bank. to examine the nomination of Alan D. Bersin, of 1 Air Force nomination in the rank of general. California, to be Commissioner of Customs, Depart- Routine lists in the Air Force, Army, Coast ment of Homeland Security, after the nominee, who Guard, Marine Corps, and Navy. Pages S3767–68 was introduced by Senator Boxer, testified and an- Messages from the House: Page S3713 swered questions in his own behalf. Executive Communications: Pages S3713–15 INDIAN SCHOOL SAFETY Executive Reports of Committees: Pages S3715–16 Committee on Indian Affairs: Committee concluded an Additional Cosponsors: Pages S3716–19 oversight hearing to examine Indian school safety, Statements on Introduced Bills/Resolutions: after receiving testimony from Larry Echo Hawk, As- Pages S3719–21 sistant Secretary for Indian Affairs, Bart Stevens, Acting Director, Bureau of Indian Education, Jack Additional Statements: Pages S3711–13 Rever, Director, Office of Facilities, Environmental Amendments Submitted: Pages S3721–61 and Cultural Resources, and Mary L. Kendall, Act- Authorities for Committees to Meet: Page S3761 ing Inspector General, all of the Department of the Interior; Anthony Fairbanks, Pueblo of Laguna De- Record Votes: Five record votes were taken today. partment of Education Superintendent, Laguna, New (Total—50) Pages S3682–83, S3691, S3705 Mexico; Quinton Roman Nose, National Indian Adjournment: Senate convened at 9:30 a.m. and Education Association (NIEA), Washington, D.C.; adjourned at 8:16 p.m., until 9:30 a.m. on Friday, and Charles L. Jaynes, Albuquerque, New Mexico. May 14, 2010. (For Senate’s program, see the re- marks of the Acting Majority Leader in today’s BUSINESS MEETING Record on page S3767.) Committee on the Judiciary: Committee ordered favor- ably reported the nominations of Goodwin Liu, of California, to be United States Circuit Judge for the Committee Meetings Ninth Circuit, Raymond Joseph Lohier, Jr., of New (Committees not listed did not meet) York, to be United States Circuit Judge for the Sec- ond Circuit, Leonard Philip Stark, to be United States District Judge for the District of Delaware, FEDERAL HOUSING ADMINISTRATION and Kerry Joseph Forestal, to be United States Mar- Committee on Appropriations: Subcommittee on Trans- shal for the Southern District of Indiana, John Dale portation, Housing and Urban Development, and Foster, to be United States Marshal for the Southern Related Agencies concluded an oversight hearing to District of West Virginia, Gary Michael Gaskins, to examine the Federal Housing Administration and its be United States Marshal for the Northern District role in the housing market, after receiving testimony of West Virginia, Dallas Stephen Neville, to be from David H. Stevens, Assistant Secretary, and United States Marshal for the Western District of Commissioner, Federal Housing Administration, and Wisconsin, and R. Booth Goodwin II, to be United Kenneth Donohue, Inspector General, both of the States Attorney for the Southern District of West Department of Housing and Urban Development. Virginia, all of the Department of Justice. BUSINESS MEETING NOMINATIONS Committee on Appropriations: Committee ordered favor- Committee on the Judiciary: Committee concluded a ably reported H.R. 4899, making emergency supple- hearing to examine the nominations of Scott M. mental appropriations for disaster relief and summer Matheson, Jr., of Utah, to be United States Circuit jobs for the fiscal year ending September 30, 2010, Judge for the Tenth Circuit, who was introduced by with an amendment in the nature of a substitute. Senators Hatch and Feingold, John J. McConnell,

VerDate Mar 15 2010 03:47 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D13MY0.REC D13MY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE May 13, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D533 Jr., to be United States District Judge for the Dis- who was introduced by Senators Klobuchar and trict of Rhode Island, who was introduced by Sen- Franken, after the nominees testified and answered ators Reed and Whitehouse, James Kelleher Bredar, questions in their own behalf. and Ellen Lipton Hollander, both to be United INTELLIGENCE States District Judge for the District of Maryland, who were both introduced by Senators Mikulski and Select Committee on Intelligence: Committee held closed Cardin, and Susan Richard Nelson, to be United hearings on intelligence matters, receiving testimony States District Judge for the District of Minnesota, from officials of the intelligence community. Committee recessed subject to the call. h House of Representatives Schock amendment (No. 52 printed in part B of Chamber Action H. Rept. 111–479) that instructs the Secretary of Public Bills and Resolutions Introduced: 24 pub- Commerce to give priority to innovation clusters lic bills, H.R. 5294–5317; and 6 resolutions, H.J. that partner with local Workforce Investment Area Res. 84; H. Con. Res. 278; and H. Res. 1358–1361 Boards; Pages H3448–49 were introduced. Pages H3482–83 Gordon (TN) en bloc amendment No. 3 con- Additional Cosponsors: Pages H3483–84 sisting of the following amendments printed in part B of H. Rept. 111–479: Cardoza amendment (No. Reports Filed: There were no reports filed today. 2) that instructs the NIST Director to carry out a Speaker: Read a letter from the Speaker wherein she green manufacturing and construction initiative that appointed Representative Jackson Lee (TX) to act as develops an understanding of sustainability in manu- Speaker pro tempore for today. Page H3443 facturing and shares that information with manufac- America COMPETES Reauthorization Act of turers so that they can adopt the best sustainable 2010: The House resumed consideration of H.R. manufacturing practices; Marshall amendment (No. 5116, to invest in innovation through research and 28) that directs the Office of Innovation and Entre- development and to improve the competitiveness of preneurship to consider the needs of rural commu- the United States. Further proceedings on the bill nities and small businesses when strengthening the collaboration on and coordination of policies relating were postponed. Pages H3444–57 to innovation and commercialization of new tech- Agreed to the Hall (TX) motion to recommit the nologies within the Department of Commerce and bill to the Committee on Science and Technology between the Department of Commerce and other with instructions to report the same back to the Federal agencies; Michaud amendment (No. 29) that House forthwith with an amendment by a recorded prioritizes the needs of challenges of small businesses vote of 292 ayes to 126 noes, Roll No. 270. in the Regional Innovation Program’s inter-agency Pages H3455–57 collaboration; Michaud amendment (No. 30) that di- Agreed to: rects the Secretary to prioritize communities im- Chu amendment (No. 36 printed in part B of H. pacted by trade when awarding Regional Innovation Rept. 111–479) that clarifies that one purpose of the Cluster grants; Michaud amendment (No. 31) that Innovation through Institutional Integration grant requires the Advisory Committee on STEM Edu- program is to help under-represented students in cation to consider the needs of rural schools; STEM fields transition from 2-year institutions to 4- Ruppersberger amendment (No. 32) that clarifies the year institutions of higher education; Page H3445 eligibility of the Noyce scholarship to include retired STEM professionals; Ruppersberger amendment (No. Kratovil amendment (No. 44 printed in part B of 33) that directs the Director of the National Science H. Rept. 111–479) that encourages employees of Foundation to use cyber-enabled-learning to create Federal agencies to volunteer in STEM education ac- an innovative STEM workforce and/or to retrain and tivities; Pages H3446–47 retain our current STEM workforce to address crit- Salazar amendment (No. 51 printed in part B of ical national and economic issues; Ellsworth amend- H. Rept. 111–479) that provides the Department of ment (No. 37) that ensures funds would not be used Energy with the authority to conduct training for to purchase gift items, knickknacks, souvenirs, trin- energy auditors, field technicians, and building con- kets, or other items without direct educational value; tractors so they can understand and promote the use Heinrich amendment (No. 40) that adds science of renewable energy and energy efficiency tech- parks and federal laboratories as eligible recipients nology; Pages H3447–48 for the ‘‘Regional Innovation Program’’; Heinrich

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amendment (No. 41) that allows the Secretary of En- 2010, by a 2⁄3 yea-and-nay vote of 402 yeas with ergy to establish an online database of unclassified none voting ‘‘nay’’, Roll No. 272. Pages H3458–59 technologies and capabilities available at national HIT Policy Committee—Reappointment: The laboratories for the purpose of commercial applica- Chair announced the Speaker’s reappointment of Mr. tion; McNerney amendment (No. 45) that adds ma- Paul Egerman of Weston, MA to the HIT Policy rine and hydrokinetic technology systems to the list Committee for a term of three years. Page H3459 of energy efficiency and renewable energy technology systems that would be included in the Department Providing for a recess of the House for a joint of Energy STEM education initiatives authorized meeting to receive His Excellency Felipe under the section; Space amendment (No. 53) that Caldero´n Hinojosa, President of the United instructs the Director of NIST to carry out a pro- Mexican States: Agreed by unanimous consent that gram to support research into transformational man- it may be in order at any time on Thursday, May ufacturing; and Titus amendment (No. 54) that 20, 2010 for the Speaker to declare a recess, subject clarifies that both pre-service and in-service teacher to the call of the Chair, for the purpose of receiving training and professional development shall be con- in joint meeting His Excellency Felipe Caldero´n sidered when identifying grand challenges in pre- Hinojosa, President of the United Mexican States. K–12 STEM education; Pages H3449–52 Page H3462 Boccieri amendment (No. 34 printed in part B of Meeting Hour: Agreed that when the House ad- H. Rept. 111–479) that was debated on May 12th journs today, it adjourn to meet at 11:30 a.m. to- that increases the authorization level for funding for morrow, and further, when the House adjourns on Federal Loan Guarantees for Innovative Technologies that day, it adjourn to meet at 12:30 p.m. on Tues- in Manufacturing from $50 million to $100 million day, May 18th for morning hour debate. Page H3463 (by a recorded vote of 248 ayes to 171 noes, Roll Board of Directors of the Office of Compli- No. 267); Pages H3452–53 ance—Reappointment: The Chair announced on Halvorson amendment (No. 38 printed in part B behalf of the Speaker and Minority Leader of the of H. Rept. 111–479) that requires the Director of House and the Majority and Minority Leaders of the the National Science Foundation to give consider- Senate, the joint reappointment on May 13, 2010 of ation to the goal of promoting the participation of Roberta L. Holzwarth of Illinois and Barbara L. veterans in the postdoctoral research fellowship pro- Camens of Washington, DC, Chair, each to a five- gram established by section 246 (Postdoctoral re- year term on the Board of Directors of the Office of search fellowships) (by a recorded vote of 419 ayes Compliance. Page H3468 with none voting ‘‘no’’, Roll No. 268); and Quorum Calls—Votes: Two yea-and-nay votes and Pages H3445–46, H3453–54 four recorded votes developed during the proceedings Flake amendment (No. 50 printed in part B of H. of today and appear on pages H3453, H3453–54, Rept. 111–479) that expresses the sense of Congress H3454, H3457, H3457–58, H3458–59. There were that retaining graduate-level talent trained at Amer- no quorum calls. ican universities in STEM fields is critical to enhanc- ing the competitiveness of American businesses (by Adjournment: The House met at 10 a.m. and ad- a recorded vote of 419 ayes with none voting ‘‘no’’, journed at 4:25 p.m. Roll No. 269). Pages H3447, H3454 H. Res. 1344, the rule providing for consideration Committee Meetings of the bill, was agreed to on Wednesday, May 12th. U.S. AGRICULTURE POLICY Suspensions—Proceedings Resumed: The House Committee on Agriculture: Held a hearing to review agreed to suspend the rules and agreed to the fol- U.S. agriculture policy in advance of the 2012 Farm lowing measures which were debated on Wednesday, Bill. Testimony was heard from public witnesses. May 12th: DEFENSE APPROPRIATIONS Recognizing the significant accomplishments of AmeriCorps: H. Res. 1338, to recognize the signifi- Committee on Appropriations: Subcommittee on Defense cant accomplishments of AmeriCorps and to encour- held a hearing on Pacific Command/U.S. Forces age all citizens to join in a national effort to raise Korea. Testimony was heard from the following offi- awareness about the importance of national and com- cials of the Department of Defense: ADM Robert F. 2 Willard, USN, Commander, U.S. Pacific Command; munity service, by a ⁄3 yea-and-nay vote of 280 yeas and GEN Walter L. Sharp, USA, Commander, to 128 nays, Roll No. 271 and Pages H3457–58 United Nations Command; Commander, Republic of Expressing the sympathy and condolences of the Korea-U.S. Combined Forces Command; and Com- House of Representatives to those people affected by mander U.S. Forces Korea. the flooding in Tennessee, Kentucky, and Mis- sissippi in May, 2010: H. Res. 1337, to express the NATIONAL DEFENSE AUTHORIZATION sympathy and condolences of the House of Rep- ACT FOR FY 2011 resentatives to those people affected by the flooding Committee on Armed Services: Subcommittee on Air and in Tennessee, Kentucky, and Mississippi in May, Land Forces approved for full Committee action

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H.R. 5136, National Defense Authorization Act for ment of Health and Human Services, State of Maine; Fiscal Year 2011. Stephen Estes-Smargiassi, Director of Planning, Water Resources Authority, State of Massachusetts; NATIONAL DEFENSE AUTHORIZATION and public witnesses. ACT FOR FY 2011 Committee on Armed Services: Subcommittee on Readi- U.S. DEPARTMENT OF JUSTICE ness approved for full Committee action, as amend- Committee on the Judiciary: Held a hearing on the ed, H.R. 5136, National Defense Authorization Act United States Department of Justice. Testimony was for Fiscal Year 2011. heard from Eric Holder, the Attorney General, De- NATIONAL DEFENSE AUTHORIZATION partment of Justice. ACT FOR FY 2011 DISAPPEARING HELIUM RESOURCES Committee on Armed Services: Subcommittee on Seapower and Expeditionary Forces approved for full Committee on Natural Resources: Subcommittee on En- Committee action H.R. 5136, National Defense Au- ergy and Mineral Resources held an oversight hear- thorization Act for Fiscal Year 2011. ing entitled ‘‘Up in the Air: The BLM’s Dis- appearing Helium Program.’’ Testimony was heard NATIONAL DEFENSE AUTHORIZATION from Marcilynn Burke, Deputy Director, Bureau of ACT FOR FY 2011 Land Management, Department of the Interior; Anu Committee on Armed Services: Subcommittee on Ter- K. Mittal, Director, Natural Resources and Environ- rorism, Unconventional Threats and Capabilities ap- ment, GAO; and public witnesses. proved for full Committee action H.R. 5136, Na- tional Defense Authorization Act for Fiscal Year INFRASTRUCTURE BANK PROPOSALS 2011. Committee on Ways and Means: Subcommittee on Se- lect Revenue Measures held a hearing on the pro- MISCELLANEOUS MEASURES posals to establish an infrastructure bank. Testimony Committee on Energy and Commerce: Subcommittee on was heard from Representatives DeLauro, DeFazio, Commerce, Trade and Consumer Protection held a and Lipinski; Edward G. Rendell, Governor, State of hearing on the following bills: H.R. 4501, Guar- Pennsylvania; Antonio R. Villaraigosa, Mayor, Los antee of a Legitimate Deal Act of 2009; and H.R. Angeles, California; and public witnesses. 2480, Truth in Fur Labeling Act of 2009. Testi- mony was heard from James A. Kohm, Associate Di- NATIONAL COUNTERTERRORISM CENTER rector, Division of Enforcement, Bureau of Consumer BUDGET Protection, FTC; and public witnesses. Permanent Select Committee on Intelligence: Met in execu- NATIONAL BROADBAND PLAN tive session to receive a briefing on National Committee on Energy and Commerce: Subcommittee on Counterterrorism Center Budget for Fiscal Year Communications, Technology, and the Internet held 2011. The Committee was briefed by Michael E. a hearing entitled ‘‘The National Broadband Plan: Leiter, Director, National Counterterrorism Center, Promoting Broadband Adoption.’’ Testimony was Office of the Director of National Intelligence. heard from Carol Mattey, Deputy Chief, Wireline Competition Bureau, FCC; Rachelle Chong, Special Joint Meetings Counsel, Office of the Chief Information Officer, No joint committee meetings were held. State of California; and public witnesses. f SAFE DRINKING WATER FUND COMMITTEE MEETINGS FOR FRIDAY, Committee on Energy and Commerce: Subcommittee on MAY 14, 2010 Energy and Environment held a hearing on the fol- lowing measures: to reauthorize the Safe Drinking (Committee meetings are open unless otherwise indicated) Water Act State Revolving Fund, and the Assist- Senate ance, Quality, and Affordability Act of 2010 No meetings/hearings were scheduled. (AQUA). Testimony was heard from Cynthia Dougherty, Director, Office of Water, EPA; Roger House Crouse, Director, Drinking Water Program, Depart- No committee meetings were scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 14 11:30 a.m., Friday, May 14

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: The House will meet in pro forma of S. 3217, Restoring American Financial Stability Act. session at 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E841 Platts, Todd Russell, Pa., E839 Gerlach, Jim, Pa., E841 Price, David E., N.C., E839 Blackburn, Marsha, Tenn., E847 Giffords, Gabrielle, Ariz., E849 Richardson, Laura, Calif., E838, E846, E849 Burgess, Michael C., Tex., E843 Grayson, Alan, Fla., E838 Rush, Bobby L., Ill., E842 Butterfield, G.K., N.C., E851 Green, Gene, Tex., E850 Sa´ nchez, Linda T., Calif., E841 Carnahan, Russ, Mo., E837, E846 Guthrie, Brett, Ky., E840 Coffman, Mike, Colo., E852 Hunter, Duncan, Calif., E849 Schakowsky, Janice D., Ill., E844 Connolly, Gerald E., Va., E837, E838 Kildee, Dale E., Mich., E844, E846, E850 Schwartz, Allyson Y., Pa., E837 Costello, Jerry F., Ill., E839, E845 Langevin, James R., R.I., E845 Skelton, Ike, Mo., E852 Davis, Susan A., Calif., E837 Lofgren, Zoe, Calif., E845 Space, Zachary T., Ohio, E842 Delahunt, Bill, Mass., E841 Lungren, Daniel E., Calif., E852 Stupak, Bart, Mich., E851 DeLauro, Rosa L., Conn., E840, E852 Maloney, Carolyn B., N.Y., E847 Sutton, Betty, Ohio, E842 Diaz-Balart, Lincoln, Fla., E852 Matheson, Jim, Utah, E850 Thompson, Bennie G., Miss., E851 Doyle, Michael F., Pa., E843 Miller, Candice S., Mich., E847 Tsongas, Niki, Mass., E851 Ehlers, Vernon J., Mich., E848 Miller, Jeff, Fla., E839, E842 Woolsey, Lynn C., Calif., E848 Eshoo, Anna G., Calif., E849 Ortiz, Solomon P., Tex., E851 Fattah, Chaka, Pa., E842 Peters, Gary C., Mich., E840, E844, E846 Wu, David, Ore., E841, E848

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